Immigration Consultancy & Applications Services for UK Businesses and Migrants
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If you are thinking about hiring or teaching migrants you should ensure your HR system is in order or the UK Border Agency (UKBA) could reject your application.
Global 4 Immigration (G4I) has been providing HR auditing services since 2008 when the UKBA first introduced the sponsor licence. The UKBA introduced an online Sponsorship Management System (SMS), as a tool to help employers update them on migrant’s data and movements. The below screen shot is the homepage of the SMS software that you will have access to if your sponsor licence is approved. The SMS is only available for 3 of the 5 tiers; they are tiers 2, 4 and 5. To find out more about the tiers click here.
What are the 5 key areas the UKBA expects an employer to have in order prior to applying for a sponsor licence?
Area 1: Monitoring immigration status and preventing illegal employment
Area 2: Maintaining migrant contact details
Area 3: Recordkeeping
Area 4: Migrant tracking and monitoring
Area 5: Professional registrations and accreditations
Each of the above 5 areas the UK employer must demonstrate to the UKBA that they have a system in place, if not then the sponsor licence is likely to be refused or downgraded to B. To find out more about the UKBA sponsor licence grading system click here.
Area 1
If your business appoints G4I, we will audit all employees within your business and
advise you if any migrants from outside of the EU and Bulgarian and Romanian nationals
have the right to work in the UK. If we find any migrant working illegally we will
provide you with a report on how to overcome this issue. You will need to decide
on our report on what action you must take and once the action has been taken we
can tick-
Area 2
This process should be simple for most employers, however many employers do not use
any kind of database to keep a log of their employees details or even ask their employees’
are their contact details up to date. The employer will need to demonstrate their
keep a log of all employees contact details, ideally in a database and have a policy
in place for employees to update their employer if their circumstances change. If
the employer satisfies G4I that this is in order, we will tick-
Area 3
This process should most employers do well, however many employers should fail a
UKBA inspection as key information is not stored in the migrant’s folder. G4I would
explain to the employer which documents are required to be kept with the employee’s
folder and if the employee has a UKBA inspection then their employee folders would
pass the inspection. If the employer satisfies G4I that this is in order, we will
tick-
Area 4
This is the essential area that any employer must have in order from day one and
moving forward. G4I would recommend to the employer the most convenient solution
to logging and tracking migrants data. This is essential otherwise the employer
could accidentally employ a migrant past their visa expiry date or the migrant might
have changed their visa status without knowing. Once the employer has agreed the
best way for their business to monitor and track migrant’s details and if G4I is
satisfied we would tick-
Area 5
This area is where migrants need certain accreditations and licenses to carry out their specific duties such as a Nurse updating her NMC details. The employer needs to have in place a tracking system to warn them when an employer needs to renew a licence or take additional training to be able to carry on their job role.
Training Institutes wanting to educate non EEA students?
Every training institute in the UK who wishes to teach non EEA nationals need to apply for a tier 4 sponsor licence.
When a training institute applies for a sponsor licence, the process is different to an employer as training institutes do not employ their students but enrol them on a course of studies.
Duties as a Sponsor
As a licensed sponsor the training institute must comply with certain duties, including a duty to inform the UKBA if:
- students do not arrive for their course;
- students are absent without permission for a significant period;
- they leave their course earlier than expected; or
- you ask them to leave the course.
You must keep proper records of the students you sponsor, including contact details and a copy of their Biometric Residence Permit (BRP) (previously known as the identity card for foreign nationals (ICFN)), and give them to the UKBA when they ask for them.
As part of G4I audit, we will check how you currently manage your EU student’s data
and recommend any improvements. If you are successful in obtaining your tier 4 licence,
you have only 12 months to apply to become a highly trusted sponsor or you will be
struck-
Highly Trusted Sponsors
Highly trusted sponsor status (which the UKBA call HTS) is designed to ensure that all education providers are taking their obligations on immigration compliance seriously. The UKBA recognises that sponsors who show a good history of compliance with their sponsor duties and whose students meet the standards of the UKBA compliance with the terms of their visa or permission to stay in the UK (known as ‘leave to remain’).
Once the training institute has held their sponsor licence for 12 months, you need to successfully apply for HTC status. If you do not meet the HTS requirements the UKBA will revoke your licence.
Note: Highly trusted sponsor status was automatically given for a year to A-
HR Compliance Services
Would you like to know more?
UK: 01903 641690 Outside of the UK: 0044 1903 641690
Fast Track Services
When you request for a free assessment, the information you provide us is strictly confidential and will not be passed to any third party directly or indirectly.
Are you in the UK and urgently need to apply for a new visa?
Call us today urgently on 01903 641690 or email urgent@global4immigration.com
If you are a UK employer and need to either register for a new sponsor licence, or apply to renew your sponsor licence, or apply for restricted/unrestricted Certificates of Sponsorship, call us on 01903 641690.
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