ECCA highlights the importance for Employers to be Compliant under the New Points Based System
Mr Martin Green, Chief Executive of the English Community Care Association has avidly promoted the importance for care providers to be compliant with the New Points Based System. ECCA is promoting the issue by placing it on the homepage of the ECCA website and regular newsletters and press cuttings.
Mr Green stated:
"I believe that the issue of immigration compliance is an important one and one that deserves to be promoted to the masses. Aston Brooke have carried out a number of surveys coupled with several conferences and seminars and it si abundantly clear that care providers are not aware of their responsibilites. I feel that the message is sent out to care providers that you are either compliant or you will lose your right to retain your overseas workersor recruit from overseas."
UK BORDER AGENCY: Legal Representation on Compliance Visits
28 May 2010
Aston Brooke has begun a special service offering all care providers assistance and legal representation if they are subjected to compliance visits by the UK Border Agency. Aston Brooke will carry out a full audit at the premises or head office of care providers. Aston Brooke warns all care providers to run thorough checks on all non-EU staff after a crackdown on people working illegally in the care home sector.
Aston Brooke reported that the UK Borders Agency has set up regional 'intelligence units' that are asking care providers for lists of employees to check their right to work in the UK. Employers can be faced with a £10,000 fine for those found to be employing illegal immigrants. Aston Brooke Solicitors, urged care homes to make sure they had everything in order as ignorance was no excuse.
The firm has recently found that a lot of care homes are not aware of their responsibilities and may be exposed to huge fines. It is a harsh reality but if care providers are not implementing preventative measures within their organisations then the UK Border Agency will take control.
A UK Border Agency spokesman said:
'The UK Border Agency has moved from a national to a regional structure. Each region has intelligence gathering resources which enable the region to act on information received regarding immigration abuse, including illegal working, quickly and effectively in line with its operational priorities. This will include taking action against employers and individuals where there is identified immigration abuse. To assist this process we have introduced an employer checking service that enables an employer to establish entitlement to work more effectively.'
The New Points Based System will be implemented in November 2008 which will introduce further restrictions and more stringent rules. All care providers will need to hold a licence to employ overseas staff. The UKBA are placing the onus on care providers and increasing the punishment for breaches of the immigration rules to an unlimited fine and up to 2 years imprisonment.
The UKBA have also insisted that care providers have to comply with certain requirements relating to HR systems and holding all records on a central system. Any breaches will result in penalties being placed against the care provider.
Aston Brooke has set out to assist employers in complying with their legal obligations by setting up a definitive guide detailing what employers should be looking for before and after they employ new overseas staff. In order to get a copy please contact Aston Brooke.
Is your business prepared for the New Points Based System under Tier 2? Have you applied for your Sponsor Licence?
The New Points Based System is described as “one of the most radical changes we have made to the immigration system in a generation and figures show that it is being delivered successfully.” The UK Border Agency has this week announced that there has been “successful delivery of the tough new Australian-style points system”.
Moreover, the UK Border Agency’s evidence for this was that 4,875 businesses have registered as Sponsors. However, the fact that only 4.875 business have been granted a Sponsor Licence proves that many businesses are either not aware of their obligations under the New Points Based System or many employers are failing to hit the pre-requisite standard set by the UK Border Agency.
Aston Brooke has undertaken independent research which shows the most common problem in the sector is that care providers are failing to realise that in order to recruit new overseas staff or extend the leave for their current staff on work permits you require a Sponsor Licence. It is only when employers are faced with overseas staff leaving their current posts and high agency costs that they realise they need to apply for a Sponsor Licence or face serious staff shortages. However, by this time it may be too late.
The main problem for care providers in this situation is that many of their overseas staff visas and work permits are due to expire and no extensions can be granted until a Sponsor Licence has been granted which can take up to 3 months.
Many Employers are also not aware that applying for a Sponsor Licence triggers a UKBA compliance audit of their organisations. The compliance audit involves a complete dissection of your human resource systems, record keeping and compliance with the Immigration Rules. Employers will also have to prove that they have undertaken the necessary checks before employing overseas staff.
The UK Border Agency will also have a complete record of your organisations compliance history highlighting any breaches which have been recorded in the past. The majority of care providers are not ready for a compliance audit and the introduction of the Tier 2 system has resulted in some care providers completely overhauling their human resources systems or instructing a third party to intervene and introduce a novel compliance system.
Aston Brooke is assisting Employers by offering a complete one-stop package comprising of the high-tech on-line case management system coupled with full compliance checks of individual organisations. Aston Brooke will undertake a pre-audit which will ensure that employers are fully appraised of the requirements for the “A” rating and the identification of any breaches which will be swiftly rectified to ensure immigration compliance. Aston Brooke will also be available for any compliance visits arranged by the UK Border Agency to offer legal representation to care providers. The Case Management System provides a platform which simplifies the data gathering required for the Sponsor Licence Application.
FAILURE ON COMPLIANCE VISITS RESULTS IN UNLIMITED FINES AND UP TO 2 YEARS IMPRISONMENT
Employers should be aware the onus has been pushed firmly on them to comply with ALL the regulations of the PBS. Failure of compliance will result in a downgrading of your rating in conjunction with unlimited fines and up to 2 years imprisonment. The UK Border Agency has made their position clear this week:
“for any employer who breaks the rules and employs foreign nationals who have no right to work in the United Kingdom, the outcome is clear. Huge fines are already being handed out by the UK Border Agency. This year's much tougher enforcement campaign has already issued over 1,000 fines worth around £10 million.”
Are you aware that applying for your Sponsor Licence triggers a UK Border Agency Compliance Check? Are you Confident that you are Compliant?
The UKBA has recently announced that the UK Border Agency will be tightening their reigns over migration to the UK. This will ultimately translate to reducing the number of skilled workers recruited outside of the EU. This calls into question whether there will be any changes to the forthcoming Tier 2 under the Points Based System (PBS) and the robust checks to be made on Sponsor Licence Applications. Everyone is aware that the PBS will be introduced for Tier 2 (skilled migrants) in November 2008. However, very small numbers of care providers are aware of their responsibilities under the PBS.
Those care providers who have made the move to apply for Sponsor Licences are under the impression that once the application has been submitted the work is done. However, this is a mis-conception. The application for the Sponsor Licence is the first step towards complying under the PBS. Nearly all care providers failed to realise that by making the application for a Licence they are allowing the UK Border Agency to undertake a full compliance audit of their organisations. The compliance audit involves the UKBA completely dissecting care providers HR systems, record keeping and compliance with the Immigration Rules in addition to proving that they have undertaken the necessary checks before employing overseas staff. The UKBA will also have a complete record of your organisations previous interaction with them and highlight any breaches which have been recorded in the past.
THE ONLINE IMMIGRATION CASE MANAGEMENT SOLUTION
In order to make the transition to the introduction of Tier 2 and the Sponsor Licence Application more user friendly, Aston Brooke is assisting Care Providers by offering a complete one-stop package comprising of the high-tech on-line case management system coupled with full compliance checks of individual organisations. The pre-audit would ensure that employers are appraised of the requirements for an “A” rating and the identification of any breaches which will be swiftly rectified to ensure immigration compliance. Aston Brooke will also be available for any compliance visits arranged by the UKBA to offer legal representation to care providers. Aston Brooke has been working in conjunction with Complier and have developed a bespoke case management system to cater for all the requirements under the PBS as set out above.
The on-line case management system is the first of its kind which is specifically designed for the Healthcare Sector. Aston Brooke will work very closely with the UKBA in relation to compliance under the PBS to assist care providers. The case management system helps simplify the data gathering required for the Sponsor Licence Application and allows multiple users to simultaneously process data even from different locations. The good practice process in capturing the data results in powerful management information on the demographics of your employees. The immigration data captured thereafter helps you track and co-ordinate immigration and compliance deadlines and responsibilities, while providing evidence of the due process and documents.
FAILURE ON COMPLIANCE VISITS RESULTS IN UNLIMITED FINES AND UP TO 2 YEARS IMPRISONMENT
Employers in the healthcare sector should be aware the onus has been pushed firmly on them to comply with ALL the regulations of the PBS. Failure of compliance will result in a downgrading of your rating in conjunction with unlimited fines and up to 2 years imprisonment. Each Sponsor has to appoint an Authorising Officer who must hold a senior post in the organisation who will be responsible to ensure compliance under the PBS. If on a compliance audit the UKBA identify breaches the Authorising Officer will be the one facing unlimited fines and/or up to 2 years imprisonment.
BE COMPLIANT…IGNORANCE IS NOT AN EXCUSE
The UKBA and Aston Brooke are committed to supporting industry through the introduction of the rules to ensure legitimate businesses do not fall foul of the new regime. If you are affected by the changes to be brought under the New Points Based System in November 2008 or an employer concerned about your legal obligations or any other immigration enquiry relating to work permits contact Aston Brooke Solicitors
FREE IMMIGRATION SURGERIES EVERYDAY AT 2PM
This would provide an opportunity for both overseas workers and employers to speak to a team of lawyers specialising in Immigration Law and the New Points Based System.
UK BORDER AGENCY: LEGAL REPRESENTATON ON COMPLIANCE VISITS
10 September 2008
Aston Brooke has begun a special service offering all care providers assistance and legal representation if they are subjected to compliance visits by the UK Border Agency. Aston Brooke will carry out a full audit at the premises or head office of care providers.
Aston Brooke warns all care providers to run thorough checks on all non-EU staff after a crackdown on people working illegally in the care home sector. Aston Brooke reported that the UK Borders Agency has set up regional 'intelligence units' that are asking care providers for lists of employees to check their right to work in the UK.
Employers can be faced with a £10,000 fine for those found to be employing illegal immigrants. Aston Brooke Solicitors, urged care homes to make sure they had everything in order as ignorance was no excuse. The firm has recently found that a lot of care homes are not aware of their responsibilities and may be exposed to huge fines. It is a harsh reality but if care providers are not implementing preventative measures within their organisations then the UK Border Agency will take control.
A UK Border Agency spokesman said:
'The UK Border Agency has moved from a national to a regional structure. Each region has intelligence gathering resources which enable the region to act on information received regarding immigration abuse, including illegal working, quickly and effectively in line with its operational priorities. This will include taking action against employers and individuals where there is identified immigration abuse. To assist this process we have introduced an employer checking service that enables an employer to establish entitlement to work more effectively.'
Aston Brooke has set out to assist employers in complying with their legal obligations by setting up a definitive guide detailing what employers should be looking for before and after they employ new overseas staff. In order to get a copy please contact Aston Brooke.
The UKBA have also insisted that care providers have to comply with certain requirements relating to HR systems and holding all records on a central system. Any breaches will result in penalties being placed against the care provider.
WARNINGS FOR ALL CARE PROVIDERS OF WORK PERMIT SPOT-CHECKS
Aston Brooke warns all care providers to run thorough checks on all non-EU staff after a Home Office crackdown on people working illegally in the care home sector. Aston Brooke reported to that the UK Borders Agency has set up regional 'intelligence units' that are asking care providers for lists of employees to check their right to work in the UK.
Employers can be faced with a £10,000 fine for those found to be employing illegal immigrants.
Aston Brooke Solicitors, urged care homes to make sure they had everything in order as ignorance was no excuse. The firm has recently found that a lot of care homes are not aware of their responsibilities and may be exposed to huge fines. It is a harsh reality but if care providers are not implementing preventative measures within their organisations then the UK Border Agency will take control.
A UK Border Agency spokesman said:
'The UK Border Agency has moved from a national to a regional structure. Each region has intelligence gathering resources which enable the region to act on information received regarding immigration abuse, including illegal working, quickly and effectively in line with its operational priorities. This will include taking action against employers and individuals where there is identified immigration abuse. To assist this process we have introduced an employer checking service that enables an employer to establish entitlement to work more effectively.'
It is reported that in the first 80 days of the new illegal working regime, 137 businesses were issued with penalty notices worth more than £500,000. There were only 11 successful prosecutions in 2007.
Aston Brooke has set out to assist employers in complying with their legal obligations by setting up a definitive guide detailing what employers should be looking for before and after they employ new overseas staff. In order to get a copy please contact Aston Brooke.