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| info@breytenbachs.com | ||
| Mon, 5/1/2009 | ||
The UK Government is in the process of overhauling the UK Immigration system in what promises to be the biggest shake-up in forty years. As part of this shake-up, the current Work Permit Scheme will be replaced by Tier 2 of the new Points-Based Immigration System (PBS) on 27 November 2008.
From this date, employers will be unable to retain employees whose work permits are due for renewal, or employ new non-EU nationals without having a Sponsor’s Licence – a new condition under the new regulations.
The Home Office guarantee of 30 November by which they would approve a licence has expired. Now all employers have to join the queue to get their Sponsor’s Licence Application approved.
A very low number of employers in the UK made the deadline of having their application in by 01st October which means the backlog at the Home Office in the months ahead will be high. As a firm we are noticing a sudden awakening within the employer marketplace who have realised that the pointed-based system is for real and work permits will no longer be the route – there are only a handful of days left to process work permits before this window closes and the new system becomes operational.
Breytenbachs has partnered with ComplySoft to provide our organisation and you with support services at a technology level. This will help us to process your Sponsor’s Licence Application quickly, cost effectively and painlessly for you.
The bonus for your organisation is management information about your staff profile you did not have before at the same price as only the Application. This process used for the Application is step one of becoming compliant under the new regulations. The ongoing compliance management is a managed service solution we can also provide once your Application has been approved.
We recommend you contact us as soon as possible to proceed with your licence Application to avoid the risk of some of your existing migrant workers having to return to their originating country due to your organisation’s possible non compliance.
The process of applying for a Sponsor’s Licence can be quite daunting, it involves initially becoming compliant, then sourcing the information required by the Home Office in the application followed by the online application. Thereafter, depending on the quality of the information and the organisation risk status as determined by the Home Office, the organisation could experience extensive checks or a visit by the Home Office.
This is only the first step – once the company is listed on the register and then receives its Sponsors licence the organisation needs to remain compliant with the new regulations. This remaining compliant is a serious responsibility on the employer who is now, under the new rules, responsible for monitoring the immigration compliance of their employees.
Please find below more information on the new PBS regulations and
sponsor’s licences. Alternatively, please feel free to contact us
for more information, or to start your registration process, on
Tier2Licensingsupport@breytenbachs.com or
Breytenbachs@complysoft.co.uk
The requirements, responsibilities and risks of employing non-EU Nationals
A Sponsor’s Licence is compulsory from 27 November 2008 for all employers who wish to employ non-EU Nationals. The Home Office expects all organisations to be compliant with immigration controls and will award each company a rating - impacting your ability to hire non-EU nationals both current and future. All your non-EU national employees are at risk of enforced removal from the UK within 60 days if your organisation’s licence is withdrawn. You risk civil penalties and criminal prosecution for negligence or evasion of the regulations.
Become compliant / prepare
Analyse the employment records of all employees (including UK & EU) to enable the provision of information on the sponsor’s application form.
Apply for a Sponsor’s Licence
40 section online application process required to be completed from your computers within your premises. The questions are complex and require rigorous assessment of records and collation of data before proceeding.
Home Office visit / extensive checks
The Home Office will perform checks and may visit your organisation and perform an audit of your employee records. They have the right to interview any employee in the organisation, not only non-EU nationals.
Remain compliant
If the organisation has met the requirements of the application process, a Sponsor’s Licence will have been issued. The Home Office can perform extensive checks, site visits and spot checks to ensure ongoing compliance. Breaches can involve loss of your Sponsor’s Licence, enforced removal of your non-EU national employees and appropriate civil or criminal penalties being levied.
It’s a lot of work ...simplify it ...
Breytenbachs solicitors, specialising in immigration, who pride themselves on their reputation for excellence, fast results and friendly personal service have developed a solution in response to this increased responsibility forced upon employers.
ComplySoft, a company specialising in bespoke compliance and risk management projects, has provided Breytenbachs with a solution compiled specifically for the needs of employers under the new rules.
“This change is here today and will remain with every organisation probably indefinitely”
“From November 2008 employers will be unable to retain employees whose work permits are due for renewal, or employ new non-EU nationals under the Points Based System (PBS) without having a Sponsor’s Licence ”
“If you employ non-EU nationals, or are planning to in the future ... the new regulations do affect your organisation.”
“Your existing work permit staff are at risk of enforced removal from the U.K.”
Become compliant / prepare
Define for your organisation what information needs to be collated and processes changed to become compliant for Home Office requirements. Provide a best practice step by step process to source and evidence information.
Apply for a Sponsor’s Licence
Help your organisation determine whether a Sponsor’s Licence is required. A risk assessment tool determines the category and type of organisation application needed.
Home Office application form is pre-analysed, broken down into its components and your organisation guided through the process within our systems to prepare all the information and supporting documents.
When you are ready to apply we assist you in validating the answers provided and reproduce your answers in the updated Home Office format ready for processing online. We can assist you on your premises to process the Home Office online application.
Home Office visit / extensive checks
Help your organisation prepare for a Home Office visit and provide any information demanded. If feasible and if required we can be present during a visit.
Remain compliant
We provide ongoing support so you remain compliant. Includes provision of best practice compliance procedures.
Support services to manage Home Office requirements such as the Sponsorship Management System (SMS).
Various immigration compliance responsibilities - Breytenbachs is prepared, provided our systems are correctly utilised, to become a Level 1 User of your organisation to help with the day to day requirements relating to migrant workers.
Bespoke hosted managed solution providing ongoing compliance process in line with Home Office requirements.
Our solutions provide a framework to help you reduce your risk of checks, site visits, civil penalties and criminal prosecution.
We provide support and immigration services to help bring your migrant workers legally to the UK.
Visa renewals for existing non-EU nationals.
A cost effective streamlined service that provides peace of mind.
“The Home Office register is open now. As we approach November 2008 backlogs at Home Office could mean employees whose permits/visas are due for renewal from November 2008 to early 2009 are at risk if your Sponsor’s Licence is not issued in time.”
Features
Clear regulations
Simplified Home Office processes
Best practice Immigration responsibilities
Step by step Sponsor’s Licence
Compliance Management
Benefits
Cost effective
Reduce reputational and financial risk
Achieve an A-rating first time and keep it
Migrant workers not at risk
Fast and efficient processing of non-EU nationals
Be -fully compliant and prepared for Home Office visits
Bespoke hosted questionnaire, that leads the organisation through complex information and supporting documents. Users are able to complete the required data in stages and to store employee compliance information online.
The questionnaire is user-friendly unlike the fixed Home Office form where your registration times out. The Questionnaire allows access as required, pre-populates repeated fields and permits you to work in any of the sections independently over a period of time until all sections are complete.
This solution ensures you are fully prepared for the Sponsor’s Licence Application - and that it is done only once.
ComplySoft system provides users with a hosted software solution containing detailed checklists, audit controls, monitoring controls, reporting and alerts to enable your organisation to efficiently navigate the minefield of Immigration rules.
Determined from best practice employment procedures and Home Office requirements, they are simple and efficient. The system is designed to work 24/7 to monitor required activities and tasks and alert users to perform, evidence and report accordingly.
The Immigration Compliance Solution provides the Human Resources Department, the Compliance Department, Management and the Board with information on the status of their employees and their compliance with Immigration Law. As a result of the best practice procedures followed by the system a fair proportion of other Human Resource compliance occurs.
The alerts, dashboard reporting and traffic light warning systems make for a cost effective streamlined service that provides peace of mind.
Management and executives will have valuable management information relating to immigration and employee data, remain compliant and protect innocent employees from enforced removal from the UK.
The ComplySoft system is scalable and can handle other forms of business compliance.
The Application process is provided for a one off fee.
The Managed Service is provided for a monthly fee, the value being
dependent on the
services required.
CheckComply™
ComplySoft compliance management series
“The regulatory overload of organisations has been dealt a further blow – Home Office requires additional compliance reporting."
Please feel free to contact us for more information, or to start your registration process.
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