Employing International Students Sian Evans 22 April 2009

better value | best answers | less hassle The Horrors……. The Penalties for Employing Illegal Workers –Document checks Point Based System –Routes to employing international students

better value | best answers | less hassle The Penalties! Employers (regardless of whether sponsored or not). Criminal penalty - <2 years imprisonment and/or unlimited fine (knowingly). Civil penalty – max £10,000 per illegal employee (sliding scale).

better value | best answers | less hassle Relax….. How to get protection from the statutory excuse! Avoiding pitfalls.

better value | best answers | less hassle How to get protection from the statutory excuse! Ensure you see the originals. Take steps to check validity. Take and keep copies (for at least two years). Check document before employment commences. Continuing duty to check those with limited leave to remain.

better value | best answers | less hassle Avoiding pitfalls Recruitment procedure Letter inviting to an interview Job offer letter Contract of Employment Training HR systems

better value | best answers | less hassle Points Based System Tier 1 – Highly skilled individuals Tier 2 – Skilled workers with job offer Tier 3 – Low skilled workers Tier 4 – Students Tier 5 – Youth mobility and temporary workers

better value | best answers | less hassle Points Based System Tier 2 – 5 sponsorship licence Each tier will require sufficient points Objective and transparent criteria Simplified Procedures

better value | best answers | less hassle Routes to Employing International Students During their studies: 20 hours per week during term time Full time during vacations Full time on a work placement which is part of a sandwich course or an internship and providing it is no longer than 50% of the length the course

better value | best answers | less hassle During their studies: Letter from university – term time dates Document checks

better value | best answers | less hassle After their studies: Tier 1 – Highly skilled migrants –General (replaced HSMP) –Post Study (replaced International Graduates scheme) No Sponsorship <95 points – attributes (age, qualifications, previous earnings and experience in the UK), English language, maintenance

better value | best answers | less hassle Tier 1 - Advantages No need to sponsor No sponsorship licence Individual makes own application Pay fees No need for job offer Apply in the UK

better value | best answers | less hassle Tier 2 – Skilled Workers General (replaces work permits) Sponsorship licence Certificate of sponsorship Advantages Disadvantages Job offer <70 points – attributes, English language and maintenance

better value | best answers | less hassle Tier 2 NVQ3 + Paid at appropriate rate Ability to carry out work Shortage occupation list Resident labour market test

better value | best answers | less hassle Recap on Routes to Employing International Students Student Visa Tier 1 – General Tier 1 – Post Study Tier 2 - General

better value | best answers | less hassle Employer Action Check documents for all employees Clear policies and procedures in place Clear recruitment practice Identify potential Tier 2 application Consider need for sponsorship licence

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