The points-based system is a core concept of the sponsorship category. Migrants must be sponsored by a licensed sponsor during their stay in the UK if they wish to undertake employment or a course of study.
In January 1997, new rules were implemented that require employers to check that all new employees are legally entitled to work in the UK. If an employer is convicted for employing an illegal migrant worker, this can excuse them from a civil penalty or can form part of their defence.
The law was extended in February 2008 to make employers liable to pay £10,000 per illegally employed migrant worker. It also added the risk of criminal prosecution. This could result in the sponsor licence being withdrawn and serious damage to the company’s reputation.
At Garth Coates Solicitors, we offer advice, help and training to UK businesses on all legal requirements relating to sponsor licences.
An employer in the UK who holds a sponsor licence can sponsor skilled migrant workers under the new Tier 2 category, which replaces the old work permits. Those employers who have been provided a sponsor licence by the UK Border Agency (subject to application and approval) are able to issue a sponsorship certificate to the prospective employee.
The register of sponsors replaced the former register of education/training providers. This list provides the names of all organisations in the UK that the UK Border Agency has licensed to sponsor migrant students. Once a licence has been granted, a provider can accept visa students.