UK immigration has seen significant changes in recent years, particularly in relation to work visas. These changes have had a profound impact on employers, who must now navigate a new set of requirements when hiring foreign workers. This article provides an update on the current state of UK immigration, focusing on the work visa requirements for employers. It aims to provide a comprehensive guide for employers, helping them understand and meet their obligations under the new immigration system.
Understanding the Points-Based Immigration System
The UK has moved to a points-based immigration system, which applies to both EU and non-EU citizens. This system is designed to attract people who can contribute to the UK’s economy, regardless of their nationality. Employers play a crucial role in this system, as they must sponsor foreign workers who wish to come to the UK for employment.
How the Points-Based System Works
Under the points-based system, foreign workers must earn a certain number of points to be eligible for a work visa. Points are awarded based on specific characteristics, such as having a job offer from an approved employer, speaking English at a certain level, and earning a minimum salary. The system is designed to be flexible, allowing foreign workers to earn points in different ways.
Work Visa Requirements for Employers
Employers who wish to hire foreign workers must meet certain requirements. These requirements are designed to ensure that employers are genuine, that they are capable of fulfilling their duties as sponsors, and that they are not exploiting the immigration system.
Sponsor Licence
Employers must first obtain a sponsor licence from the Home Office. To get a sponsor licence, employers must prove that they are a genuine organisation operating in the UK, that they are honest, dependable and reliable, and that they are capable of carrying out their sponsor duties.
Job Offer
Employers must offer a job to the foreign worker. The job must be at a certain skill level – RQF level 3 or above (equivalent to A level). The job must also pay a minimum salary, which varies depending on the job.
Resident Labour Market Test
For some jobs, employers must carry out a Resident Labour Market Test (RLMT). This involves advertising the job in the UK for a certain period to see if any suitable settled workers can fill the position. If no suitable settled workers are available, the employer can offer the job to a foreign worker.
Employer Duties and Responsibilities
Employers who sponsor foreign workers have certain duties and responsibilities. These are designed to ensure that the immigration system is not abused and that foreign workers are protected.
Record Keeping
Employers must keep records of the foreign workers they sponsor, including a copy of their passport and right to work documents, a record of their contact details, and a copy of their contract of employment. These records must be kept for a certain period and must be available for inspection by the Home Office.
Reporting Duties
Employers must report certain events to the Home Office, such as if the foreign worker does not start their job, if they are absent without permission for a certain period, or if they are dismissed from their job. Employers must also report if they stop sponsoring the foreign worker.
Compliance
Employers must comply with all immigration laws and regulations. They must not employ illegal workers, and they must cooperate with any Home Office checks or investigations.
Conclusion
The new points-based immigration system has brought significant changes for employers. Employers now play a crucial role in the immigration system, and they must meet a range of requirements to sponsor foreign workers. By understanding these requirements and fulfilling their duties and responsibilities, employers can help ensure that the immigration system works effectively and fairly.
