UKBA proposes new rules for employers
Border Agency officials have confirmed planned changes to sponsor licensing, likely to be introduced in 2012. A system of highly trusted sponsorship has been proposed in Tier 2 of the Points Based System (PBS); this has now been rebranded "premium sponsorship" to avoid confusion with Tier 4 (educational sponsors). A number of requirements are envisaged:an employer will have to be A rated, submit to a compliance visit, and most importantly for UKBA, pay an annual fee of £20,000. The benefits of membership of what is likely to be quite an exclusive club include
- attendance at stakeholder meetings with UKBA officials
- an allocated account manager
- additional time to report migrants
- priiority access to public enquiry offices
- immediate return of documents submitted to support applications
- "migrant differentiation", or the ability to support applications with less documentation - possibly just a passport and certificate of sponsorship (COS)
A mini-version of premium sponsorship has been mooted for SMEs - called SME+, and thus falling into Google's trap of naming a product that doesn't sit well next to punctuation - it will attract an annual fee of just £8,000 and deliver slightly fewer benefits. The Border Agency has already reduced its other exorbitant fee - the £15,000 originally set for super-premium PBS applications - to £6,000 when presumably nobody took up their original offer. It remains to be seen whether employers have the appetite for a yearly outlay of this order when UKBA's record at delivering "benefits" to its stakeholders is patchy to say the least.
UKBA has also confirmed it is to review the Occupation Codes of Practice which form the bedrock of Tier 2 sponsorship. It belives many of the salaries in the Codes are outdated, although whether in today's economic climate this will lead to upward or downward revision is open to question. This year's Annual Salary and Earnings Review will be published next month, and if significant variations are found, the Border Agency intends to consult with relevant sectors of industry early in 2012. Particular attention will be given to graduate salaries, which have taken a hit in recent years.
The government has also reaffirmed its commitment to perrmit switching from Tier 4 (study) to Tier 2 (sponsored work) without the need for an employer to fulfil the resident labour market test from April 2012. Potential employees will need to meet all other relevant requirements, for example the post must fit into a published Occupation Code, but this is seen by the government as a significant concession. It is of some concern that it will remain just that - a concession, rather than part of published Immigration Rules.
And finally, a new shortage occupation list has just been published, with a further slimmed-down array of employment opportunities contained within. You can access the current list here