Employers require knowledge of the latest UK immigration laws.

We understand the needs of UK businesses and can ensure that you are protected from the criminal offence of employing individuals without the legal right to work in the UK.

The latest regulations relating to the UK immigration laws were introduced in early 2008 to ensure that only those with the right skills or those who will make a worth while contribution will be able to come to the UK to work or study.

Underpinning this new immigration system is a five tier framework:

Tier 1: Highly skilled individuals to contribute to growth and productivity;

Tier 2: Skilled workers with a job offer to fill gaps in United Kingdom labour force;

Tier 3: Limited numbers of low skilled workers needed to fill temporary labour shortages - currently suspended;

Tier 3 is designed to cater for people immigrating to the UK in order to perform temporary low skilled work that is largely seasonal in nature.  It replaces schemes such as the Seasonal Agricultural Workers Scheme (SAWS) and the Sectors Based Scheme (SBS). Unlike Tiers 1 and 2, applications under Tier 3 do not constitute a route to settlement and will not provide applicants with an opportunity to apply for permanent residence in the UK.   The visa will be granted for a maximum period of 12 months after which applicants will be required to return home. Switching to other tiers is not permitted and Tier 3 visas do not make provision for spouse and dependant immigration.  As with Tiers 1 and 2, a Tier 3 visa application is primarily an employer led process.

Tier 4: Students;

Tier 5: Youth mobility and temporary workers: people allowed to work in the United Kingdom for a limited period of time to satisfy primarily non-economic objectives.

The system is being introduced in stages; tiers 2 and 5 will apply from the end of November 2008.

Employers who want to be able to bring in migrant workers under tiers 2 and 5 should apply now.  Call us to find out the process and obligations of being a sponsor under Tier 2.

The five tiers have different conditions, entitlements and entry-clearance checks. Migrants will need to pass a points-based assessment to enter or remain in the United Kingdom.  

Points will be awarded to reflect the migrant's ability, experience and age and when appropriate the level of need within an industry sector.

The points based system only covers migrants from outside the European Economic Area (EEA) and Switzerland and employers will need to ensure that they have a sponsor licence in place.

Sponsors will be fully responsible for the actions of any migrant they employ and must keep records evidencing their compliance.

Employers found using illegal migrant workers can face a civil penalty of up to £10,000 for each illegal worker or face a new criminal offence, that of knowingly employing an illegal migrant worker, this offence will carry a maximum 2 year custodial sentence and/or an unlimited fine.

Call us for further information on any aspect of immigration and how we can help you to navigate the points based system and ensure that you receive and maintain an A grade sponsorship rating.

Please contact Sylvja Matthews on 0845 074 2371 or email sylvja.matthews@emwph.com.