ENTRY CLEARANCE SERVICES ARTICLE - 27/11/2007
POINTS BASED SYSTEM SCHEME
To be rolled out from Early 2008
The Points-Based System (PBS) offers 5 routes known as ‘ Tiers ' to foreign nationals wishing to come to the UK to work or study. To qualify under the scheme, foreign nationals will need to show that they have enough points. Foreign nationals other than the ones applying under the highly skilled tier of the PBS (Tier 1) will also need a sponsor ( UK employer) . The sponsor will be a business or college in the UK . To become a sponsor, the organisation in question will have to be licensed by the Border and Immigration Agency.
Skilled workers with a job offer will fall into the general subcategory of Tier 2 which includes intra company transferees. Students will fall under Tier 4 of the scheme and will need to be sponsored by an educational institution that has a sponsor licence in place.
How To Become A Licensed Sponsor ?
In order to gain a license under the PBS , a prospective sponsor will need to apply to the Border and Immigration Agency (BIA) . The application can only be made electronically. The form and guidance notes will be made available on the BIA web-site prior to the launch of the scheme. Once the application has been filed , the applicant will be required to provide the BIA with hard copies of supporting documentation within 14 days (a list of the said documents can be found at: TBA).
In order to gain a licence to sponsor intra company transferees ( ICT ), in addition to the general requirements the employer will also need to show that it has a direct link by common ownership with the overseas entities from which it wishes to bring the foreign workers to the UK .
The employer will be informed as to whether the licence application has been approved in writing. If approved, the employer will be provided with a PBS Compliance Pack setting out its duties as a sponsor and explain how to operate the Sponsor Management System .
There will be NO right of appeal against refusal , but applicants are free to re-apply.
If the employer is successful it will entitled to apply for certificates of sponsorship . The certificate of sponsorship is a virtual document consisting of a unique reference number . The number is needed by the sponsored foreign national to make his/her application for entry clearance (ie visa at the British Embassy abroad ) or further leave to remain . The certificate issued to foreign students will be known as the ‘ Confirmation of Acceptance of Studies '.
In issuing the Certificate of Sponsorship the sponsor will be required to complete the foreign national and sponsorship details on the certificate application form along with information such as whether the resident labour market has been tested or whether the job falls within a recognised shortage occupation …etc
Before issuing a Certificate , the sponsor must ensure that all requirements of the tier under which the application is filed are met. For instance a sponsor wishing to employ a foreign national under Tier 2 will need to satisfy itself that the foreign worker intends and is able to do a specific skilled job of at least NVQ3 skill level . The sponsor will have to be able to show:
- The resident labour market test has been satisfied (ie the role has been advertised in certain specified media at an appropriate salary and no resident workers suitable for the role have applied); or
- The role offered is recognised as a shortage occupation appearing on the BIA list ; or
- The salary offered for the role is at least £40 000 per year; or
- The foreign national is an intra company transferee – ( both companies must be linked by common ownership, the foreign worker must have worked for the overseas company for at least 6 months, the salary offered must be in line with UK market rates).
Responsibilities attached to the Sponsorship will include:
Sponsors will be required to keep records such a copy of passport / ID card corroborating that the foreign worker is entitled to work/study in the UK , the foreign national's contact details, evidence that the resident labour market has been tested.
Sponsors will be expected to report foreign nationals' non attendance, non compliance or disappearance to the BIA
Duties specific to sponsors under the different tiers
Tier 2 – Skilled Workers –
A certificate of sponsorship can only be issued if the sponsor is satisfied that the foreign worker intends and is able to do a specific skilled job of at least NVQ3 skill level. The sponsor must be able to show:
- The resident labour market test has been satisfied (ie the role has been advertised in certain specified media at an appropriate salary and no resident workers suitable for the role have applied); or
- The role offered is recognised as a shortage occupation appearing on the BIA list; or
- The salary offered for the role is at least £40 000 per year; or
- The foreign national is an intra company transferee – ( both companies must be linked by common ownership, the foreign worker must have worked for the overseas company for at least 6 months, the salary offered must be in line with UK market rates).
Further information on the scheme can be found at: PBS Sponsorship
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