Originally published in Chartered Secretary, June 2008
Globalisation has had many effects – not least of which is the advent of highly mobile workforces. As a result, the UK's immigration rules are currently undergoing a huge overhaul.
The new system is being introduced in tranches over the next few years. The first changes are already in force, with the old Highly Skilled Migrant Programme being replaced this year by a new points-based system, where the sponsoring employer will need to certify that the applicant meets certain minimum criteria. That change will also be extended to the current work permit system, for those seeking to come into the UK for a specific role with an employer: again, a points-based system will supersede the current arrangements.
What will this mean for employers? One important change that employers should note is that they will need will need to first register with the UK Immigration Authority and apply for a licence before they can act as a sponsor for workers coming into the UK. While the old work permit system has not yet been replaced, employers can already register, although employers may wish to delay formally applying for the licence until such time as the Government has clarified how the new system will work. Even so, employers would be well advised to start thinking about what information they will need to apply for a licence now.
In conjunction with the new rules, the government has put the responsibility for policing a worker's right to work in the UK firmly at the door of employers. Compliance issues will come more to the fore, and employers need to appoint an authorising officer, who will be responsible for all compliance obligations – such as advising the immigration authority should employees fail to turn up to work.
Penalties will also become more stringent: under the Immigration, Asylum and Nationality Act 2006, an employer who now knowingly employs an illegal worker can be subjected to an unlimited fine and/or two years imprisonment (for employees joining on or after 29 February 2008). In other cases, employers can be fined up to £10,000 per illegal worker. Therefore, it is essential that employers both examine, and take copies of, the worker's documents evidencing a right to work in the UK. Employers should also remember to apply this requirement to all workers, since to apply the policy selectively could put them at risk of a discrimination claim.
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