Sponsorship under the Points-Based System

In addition to satisfying the requirements of the Points-Based System, most applicants coming to the UK or wanting to remain in the UK under the PBS will need to be issued with a sponsorship certificate.

In order to be a sponsor, and therefore issue a sponsorship certificate, under the points-based system you must apply to the Borders and Immigration Agency (BIA) for a Licence and join the register of sponsors. Once issued, a Licence is valid for four years. 

Applications for Tier 1 have been open since 29th February 2008, Tiers 2 (skilled worker) and 5 (temporary worker) applications will be open from the end of November 2008 and Tier 4 (students) from the Spring of 2009.

Until those applications open you must use the existing work permit routes. There is a fee for the applications and you will have to apply more than once if you are applying for different tiers and pay the difference between the most expensive one. Having been granted a Licence you will be given an A or a B Rating. A B rating will require you to comply with a sponsorship action plan in order to achieve an A rating. 

Sponsors’ obligations include the following:

• Keep specified records that can be made available for inspection by the BIA;
• Report to the BIA any failure of a migrant to turn up for work or studies;
• Report significant changes in the migrant’s work or studies, including substantial changes to the contract of employment or pay and any change to the duration of the course of study;
• Report any suspicions that the migrant might be breaching any immigration conditions attached to their leave.

A sponsor failing in its obligations may be liable to lose its licence or have the rating reduced (A to B) or be liable to a fine or criminal prosecution.

If you are affected by any of the issues regarding the new points-based system or for further information on Immigration Law please contact Lorna Valcin on 020 8296 6846 or email Lorna.Valcin@colemans-ctts.co.uk

Colemans-ctts solicitors have offices in Manchester, Kingston and Walsall and can offer legal guidance in a wide range of areas. Email enquiries@colemans-ctts.co.uk to find out how we can help.