The Points Based System Sponsorship Responsibilities Employer’s Obligations Cheryl Pellew

2 What is Sponsorship Sponsorship is based on two fundamental principles: 1.Those who benefit most directly from migration (that is employers, education providers or other bodies) should play their part in ensuring that the system is not abused: and 2.Before a migrant can apply to come to, or remain in the UK to work or study, he/she must have a sponsor. The sponsor will be an organisation in the UK that wishes to employ, or provide education to a migrant.

3 Applying for a Licence To get a licence, you must apply to the UK Border Agency supplying the specified documents to prove that you are eligible. Applications for a licence can only be made online, using the online sponsor application on the UK Border Agency website

4 Deciding a Sponsor Licence application The Sponsor Licence Unit will carry out appropriate checks before deciding whether to grant the licence: the potential sponsor is a bona fide organisation, operating lawfully in the UK; and there are no reasons to believe that the potential sponsor represents a threat to immigration control; and the organisation is committed to, and capable of, complying with its sponsorship duties. licence valid for 4 years Sponsor ratings appear on the UK Border Agency website

5 Sponsorship Management System (SMS) The Sponsorship Management System is secure IT system which allows licensed sponsors to bring and manage their migrants under tiers 2 and 5 of the points- based system Only licensed sponsors have access to the Sponsorship Management System. The system is used to: manage your users and change your organisation details; view all your certificates of sponsorship; create and assign certificates of sponsorship; comply with sponsorship duties such as reporting migrant activity and withdrawing certificate of sponsorship; pay for certificates of sponsorship.

6 What are your responsibilities Anyone who employs a foreign national will have to comply with the Immigration Rules. You will have to ensure that the person you have employed has permission to be in the United Kingdom and permission to take the employment that you will offer them. You will be expected to check and copy certain original documents before someone starts working for you.

7 VISITING OFFICERS They are individuals from our sponsor management unit who will help sponsors comply with their duties when sponsoring migrants under the points-based system.

8 Visiting Officer’s Will check that the organisation has a UK trading presence Seek confirmation on the number of Certificates of Sponsorships requested is justified. Check that you are complying with your obligations as a Sponsor Provide you with guidance to ensure that you

9 How We Assess a Sponsor’s Human Resources Systems And Compliance A Visiting Officer will assess five individual areas of your HR systems, which are: Area 1 : Monitoring immigration status and preventing illegal working Area 2 : Maintaining migrant contact details Area 3 : Record keeping Area 4 : Migrant tracking and monitoring Area 5: Recruitment practices and professional accreditations

10 How We Assess a Sponsor’s Human Resources Systems And Compliance We will rate your HR systems from 1 – 3 as follows: 1.You meet all of the criteria 2.You only meet some of the criteria 3.You do not meet any of the criteria

11 Sponsorship & Employers Helpline A single number for Employers and Sponsors, this is This number is shared with the Identity Card Verification Service. Initial menu options: 1.Check the validity of a United Kingdom Identity Card, presented by a foreign national. Forwards to UK Border Agency Card Verification Service 2.All other enquiries. Forwards to Sponsorship & Employer Helpline

12 Sponsorship & Employer Helpline Prevention of Illegal Working (Option 3) Advice about relevant document checks to determine an individual’s right to work, including: –Whether the documents will provide a defence / excuse to employ –Whether any further document checks are appropriate –Whether the Employer Checking Service is appropriate –Procedure to report suspicions about an employee’s right to work Comprehensive Guidance document: preventingillegalworking/

13 Sponsorship & Employer Helpline service - service to answer: –General queries relating to sponsorship –Technical issues in using the Sponsorship Management System –Queries regarding the Highly Trusted Sponsor Scheme We aim to respond to s within two working days. Unable to answer: –Illegal working queries –Employer checking service queries``

14 We are unable to carry out checks in the following circumstances; Where an employer wishes to authenticate an individual’s document(s) Where an employer wishes to check the right to work of an individual who has not got an outstanding application or appeal. Employer Checking Service What services are not currently offered to employers

15 Centre for the Protection of National Infrastructure A GOOD PRACTICE GUIDE ON PRE-EMPLOYMENT SCREENING DOCUMENT VERIFICATION _July_2007.pdf

16 Sponsorship & Employer Helpline and Employers Checking Service Sponsorship and Employer Helpline Employer Checking Service

17 Useful Contacts Immigration Enquiry Bureau Phone: Address Immigration Enquiry Bureau UK Border Agency Lunar House 40 Wellesley Road Croydon CR9 2BY Website:

18 Useful Contacts Visa Enquiries Visa Customer Services Visa Services Directorate International Group UKBA c/o Lunar House 40 Wellesley Road Croydon CR9 2BY By Use their electronic form to them through going into their websiteUse their electronic form to them through going into their website By fax: