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Tier 2 – Work
Permits
It is
important to note that the Tier 2 program is not currently in
effect in the UK. The program is set to replace the work permit
program however if applications are made at present they are
assessed under the current work permit rules and processes in place
with the BIA.
The
full Tier 2 program looks set to commence prior to November 2008.
Employers however should give specific and significant
consideration to the Tier 2 process and rules now as UK based
employers are able to register under Tier 2 of the PBS and have
been since February 2008.
In
general terms this system is based on the Australian immigration
system for employers seeking to sponsor individual workers (in this
case from outside of the EU). Employers seeking to enter into this
program will need to register with the BIA in order to use the
system after November. On completion of a successful registration,
employers will be granted a number of “certificates of sponsorship”
which they are free to issue to potential future employees. It is
then the responsibility of the future employee to apply for the
visa / specific entry clearance from their country of legal
residence, prior to entering the UK and taking up the
position.
In
order to make a successful application candidates must evidence and
meet the points based assessment, requiring a pass mark of 50
points. This assessment (currently in draft form) will be based
on:
Qualifications:
•
PhD Qualification 15 points
•
Master’s Degree 10 points
•
Bachelor’s Degree 10 points
•
NVQ Level 3 qualifications 5 points
Prospective
Earnings:
•
£24,000+ 20 points
•
£22,000-£23,999 15 points
•
£20,000-£21,999 10 points
•
£17,000-£19,999 5 points
In
addition occupations deemed as “non-shortage” will receive 30
points and those deemed in shortage by a national panel will
receive an automatic 50 points as will those on an Intra Company
Transfer (ICT) within offices of common ownership of international
firms.
Registration
Process for Employers
In
order to register, UK based employers will need to complete an
online application form to the Border and Immigration Agency and
provide specific hard copies of relevant data that the BIA deem
necessary. Following this initial process the BIA will make a “pre
registration” appointment to assess current and discuss future
processes and needs of the business with regard to the handling of
non EU nationals and the volume of “certificates of sponsorship”
required.
The
company applying (if successful) will be granted an “A” or “B”
rating and also issued with an agreed number of certificates /
reference numbers for issue.
When
the full Tier 2 program comes into effect it will be the
responsibility of the employer to ensure that the position in
question is a genuine vacancy that would be very difficult to fill
from the local labour force. They will also have to evidence that
the candidate has the appropriate skills and experience to fill the
role, that the job in question is of an appropriate level and that
an appropriate remuneration package is in place for the
individual.
In
essence the criterion and process for work permits under Tier 2
will be very similar to the current structure however instead of
having to prove this each time with a specific application, the BIA
will grant the flexibility for employers to “self assess” in theory
and with this comes the ability to act more quickly when a need
arises. The “sting in the tail” however is the BIA plan to hold
numerous “post application checks” to ensure that the compliance is
being adhered to and the employers internal systems are robust
enough to cope with the process.
These
post application compliance checks should be taken very seriously
as the penalties that have been drafted to date make for draconian
reading!
How can Voyage
help?
At July
2008 there are currently circa 150 companies that have become
registered / listed on the register of companies with the BIA. If
you consider that some 40,000-50,000 companies may have to become
registered over the next 4-5months then it is plain to see that
companies seeking to register need to take action now!
Voyage
can assist employers with any number of elements of this process or
a full package that would include but not be limited to:
Pre
Registration work
•
An initial assessment of current HR files and systems for work
permit holders
•
Assessment of the visa status / visa opportunities of all Non EU
staff
•
Assistance with preparation of the initial registration
submission
•
Preparation and attendance for the BIA pre registration
check
Post
registration / ongoing issues:
•
Issue certificates of sponsorship and insuring ongoing file
compliance
•
With offices abroad we can either meet with or liaise with the
future employee to complete the appropriate application, have this
lodged to the BHC in their country of origin and gain the
approval.
•
Periodic auditing of current work permit holders
The
service is genuinely “end to end” in handling both local issues in
the UK and activity that needs to be undertaken abroad which cannot
be said for purely UK based advisers! | 