Aston Brooke has undertaken independant research in relation to the forthcoming Points Based System (PBS) and employers obligations under the new immigration 5 tier system introduced by the Government in its effort to streamline avenues to enter the UK for purposes of work, business or study.
Astonishingly, only a very small number of care providers were aware of their responsibilities under the PBS. Many were not even aware that they would need to apply for a licence before the 1st October 2008 in order to recruit new workers or for their existing overseas staff. This is a worrying statistic and one that needs to be rectified as soon as possible.
One can place the blame for this at the feet of the UKBA but they would argue that they have been contacting care providers and updating them of their obligations under the PBS since late 2007. Furthermore, the UK Border Agency (UKBA) called “business to action” by launching a new TV advert designed to help prepare employers for the introduction of the PBS going live in November.
A main part of the Governments initiative is the Sponsorship Management Scheme. Most businesses using Tier 2 have been able to register as sponsors since February this year, with all remaining sponsors being able to apply since late July. From November, those who register successfully will be able to sponsor new foreign workers to work in the UK or support those already in the UK who want to stay.
Before care providers apply, they should check whether they are eligible to apply for a licence and if they have the right HR systems in place to comply with their sponsorship duties. The UKBA assesses your previous compliance with immigration law while employing migrants when an application for a licence is made
The UKBA assess five individual areas of your HR systems, which are:
- Area 1: Monitoring immigration status and preventing illegal employment
- Area 2: Maintaining migrant contact details
- Area 3: Recordkeeping
- Area 4: Migrant tracking and monitoring
- Area 5: Recruitment practices and professional accreditations
The UKBA will rate care providers HR systems and compliance from 1 to 3 as follows:
1. You meet all of the criteria or are fully compliant.
2. You only meet some of the criteria or are partially compliant.
3. You do not meet any of the criteria or are non-compliant.
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.
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.
In order to make the transition to the introduction of Tier 2 and the Sponsorship Management Scheme 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 and also by undertaking full compliance checks prior to an application for a licence being made.
The pre-audit would ensure that employers are appraised of the requirements for an “A” rating. The audit will encompass the following:
• checking passports of all employees (EU and overseas staff)
• checking the leave to remain and visas endorsed prior to and after arriving in the UK (overseas staff only)
• any unauthorised changes of employment relating to existing work permit holders
• permission to work status for all overseas staff
• checking all qualifications and experience of overseas staff
• track any changes in circumstances of overseas staff
• registration with relevant bodies of all overseas staff
• validate any details relating to expiration of visas/leave to remain
• compiling the portfolio for the care provider to become authorised as a sponsor
• reporting all changes to the UK Border Agency as Level 1 users
• indication of the certificates to be applied from the UKBA
• all other work to ensure compliance is achieved
The above list is non-exhaustive. Aston Brooke will also be available for any compliance visits arranged by the UKBA on site should it become necessary.
The on-line case management system is the first of its kind which is specifically designed for the Healthcare market and. I would like to point out that during discussions with the UKBA it has been pointed out that there is no such system in the market today. Aston Brooke will work very closely with the UKBA in relation to compliance under the PBS to assist care providers.
UKBA Chief Executive Lin Homer said:
"The Points-Based System is one of the biggest shake-ups to the immigration system in a generation ensuring only those with the skills we need will be able to work or study here and no more. Our message to businesses is loud and clear - if you want to employ foreign workers from outside the EEA, you need to apply now for a sponsor licence. Business benefits from migrant labour but must join us in helping crack down on illegal working and ensure a system which is both firm and fair."
Most businesses using Tier 2 have been able to register as sponsors since February this year, with all remaining sponsors being able to apply since late July. From November, those who register successfully will be able to sponsor new foreign workers to work in the UK or support those already in the UK who want to stay.
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.
In preparation of the BIA's pre-assessment audit, Aston Brooke can inspect and advise on your current systems, procedures and the immigration status of your current employees. From this we are able to identify areas that may be of concern to the UKBA when they carry out their pre-licensing check, and offer a recommended course of action to rectify any issues.
The UKBA will monitor all licensees to ensure they are fulfilling the requirements of the Points Based System. This will involve UKBA staff making visits to sponsors (pre-arranged or not). Reviews will be conducted and checks made to ensure that the requirements of the system are not being abused. Penalties will be issued in instances where non-compliance issues are identified as above.
If you want Aston Brooke to assist your organisation in otaining your Licence or arranging a pre-audit complaince visit please click here.
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