License To Sponsor

Sponsorship Under the Point Based System
The licensing of sponsors is one of the key changes that will make Point Based System robust.

In order to employ migrants in the UK, an employer will require a license. No-one will be granted one without being approved in advance by the B order and Immigration Agency.

Vira International ltd. is happy to assist you in making the application for a License to be a sponsor under the point based system. Contact: anjum@vira.co.uk

• You May either apply for a Single License for the entire group. OR
• Apply for individual Licences for each of the restaurants.
• The applications will be made for Tier 2 (General).

Stage 1.

Key Personnel

A company applying to be a sponsor will need to allocate the foll o wing personnel:

1. Key Personnel:
2. The Authorising Officer (AO)
3. Level 1 User
4. Level 2 User.

1 and 2 may be the same person from the company applying to be a sponsor. As your representative, 3 and 4, may be persons from Vira International Ltd.

The sponsor will need to allocate the following responsibilities to members of its staff, though a single individual can play more than one role.

All of these people must be based in the UK.

The Border and Immigration Agency may make checks on any of these people before granting a license. These will include checks against our own records and against the Police National Computer, and will, as a minimum, be made against the Authorizing Officer and Level 1 User

The Key Contact is the person who will act as the main point of contact between the Border and Immigration Agency and the Sponsoring organization.

The key contact will be the person who will be called upon if there are any queries with the application form, the documents submitted or the payment which accompanies the application form.

If the Authorizing Officer does not wish to act as the Key Contact then another person within the organization must be appointed to this. Position. They will also act in aliaison role with the Border and Immigration Agency for Account Management or Compliance purposes.

The Authorising Officer (AO)

The AO is responsible for the sponsor licensing application, and for ensuring that the sponsor meets all its duties under the PBS.

The sponsor will be held fully responsible for the actions of the AO.

This is an important role, and needs to be fulfilled by a responsible, honest and competent member of staff. The Authorising Officer must be based in the UK and must be a permanent member of the sponsor's staff. He or she should not be a contractor, consultant who is being contracted to under take a specific project, or an agency member of staff. Import

A sponsor's representative, i.e. Vira International Ltd, cannot act as its AO; and un discharged bankrupt cannot act as the AO.

The AO will be responsible for the activities of the anyone acting on behalf of the sponsor to issue certificates of Sponsorship (COS). This includes both employees of the organization and external representatives. Any non-compliance will result in appropriate account managements or compliance activity being carried out which may result in sponsors losing their license or being given a B-Rating.

Stage 2.

Documents Needed:

You will need the following for the licence application for the new Points Based System:
A Limited company applying for a Sponsor license will need to provide the Following documents:

The Primary documents.

• Organisations latest Audited Annual Accounts with the name of the Accountant clearly sh o wn.

Secondary Documents:

• Employers Liability Insurance for at least 5 Million Pounds.
• Latest Annual self-assessment tax return to HM Revenue & Customs (HMRC) – Statement of Account SA300 or SA302
• Evidence of Registration with HM Revenue & Customs (HMRC) as an employer to pay PAYE & National Insurance. Provide proof of PAYE Reference Number & Accounts Office Reference Number
• Certificate of VAT registration confirming VAT registration number.
• Latest Notice to file a Company Tax Return – CT603 & Company Tax Return – CT600
• Proof of ownership of Business Premises and other Fixed Assets or Proof of Lease of Business Premises
• A3 Restaurants/Café) A4 (Pubs/Bars)/A5 (Hot Food/ Takeaways) C1 (Hotels) – Planning Certificate Issued by the Local Authority in England Or equivalent certification which pre-dates the current licensing system in England or equivalent certification if the organisation is based in the rest of the UK.
• Restaurant’s Licence issued by the Local Authority/Court
• Licence for Premises to serve Alcohol issued by the Local Authority/Court
• Food Hygiene Certificate

Duties of a sponsor;

Generic Duties:

Record Keeping Duties:

1. All sponsors must keep the following records or documents, and make them available to officials of the Border and Immigration Agency on request:
2. A photocopy or electronic copy of each of the sponsored migrant’s passport or UK immigration status document (and, in time, his or her ID card), showing evidence of his or her entitlement to work or study For employers this is in line with the responsibilities laid down for them by Regulations made under section 15 of the Immigration, Asylum and Nationality Act 2006.
3. Each sponsored migrant’s contact details (address, telephone number, mobile telephone number). These details must be updated as necessary.

Reporting Duties

1. All sponsors must report any migrant worker not turn up on his first day of work. This must be provided within 10 days must include a reason for his/her non attendance, such as missed flight etc.
2. If a migrant worker is absent from work for 10 or more working days without the sponsors reasonably granted permission. They must be reported within 10 days of the 10th day of absence.
3. If the migrant workers (MW) contract has been terminated, (Resigns or dismissed) report within 10 working days.
4. If the sponsor stops sponsoring the Migrant worker. i.e. if the worker switched to another category of immigration.
5. Any significant changes to the workers working conditions.
6. Any suspicions that the migrant worker may be breaching the condition of his employment.
7. If there are any substantial changes to the Sponsors circumstances.
8. Details of any third party or intermediary that has assisted in the recruitment of the migrant employee.

The Sponsor must also give the police any information where they suspect that the worker may be engaging in any terrorism or criminal activity.

Complying with the Law

1. Ensure that a migrant who is coming to work is legally entitled to do the job in question and has the appropriate registration or professional accreditation where this is legally required. For example, if the migrant is coming to work as a doctor, the sponsor will need to ensure that he or she has the correct registration to entitle him or her to practice as such in the UK. The sponsor must keep a copy of any appropriate registration document or certificate, and supply it to the Border and Immigration Agency on request.
2. Not to employ a migrant if the conditions on the migrant’s leave (or the migrant’s lack of leave) mean that he or she is not allowed to undertake the work in question, and to stop employing any migrant who ceases, for any reason, to be entitled to undertake the work.
3. Only to issue certificates of sponsorship to migrants who, to the best of the sponsor’s knowledge and belief, will meet the requirements of the tier or category of PBS under which the certificate is issued, and are likely to comply with the conditions of their leave. The requirements and conditions of leave are set out in the immigration rules.

Co-operating with the BIA

In order to allow the Border and Immigration Agency to manage the system properly, all sponsors must also comply with the following duties:

1. Allow the Border and Immigration Agency’s staff access to any of its premises on demand. Visits may be either prearranged or unannounced;
2. Adhere to any action plan set by the Border and Immigration Agency;
3. Seek to minimise the risk of immigration abuse by complying with any good practice guidance that the Border and Immigration Agency or that any sector body may produce for sponsors in particular tiers or sectors, with the Border and Immigration Agency’s agreement.

Eligibility Criteria for Applicants

Tier 2 applications for skilled workers are aimed at enabling employers from the UK to recruit individuals from overseas to fill a particular job that cannot be filled by a British or EEA worker and will replace the current work permit employment and Training and Work Experience Scheme (TWES) amongst others.

To apply under Tier 2 - skilled worker will require

• a job offer which has passed the resident labour market test
• a sponsor certificate issued by the employer
• to meet the minimum points

This entry will be granted to the overseas worker for an initial period of 3 yrs.
Skilled workers have to meet the eligibility criteria by scoring a pass mark of 70 points from the three sets of criteria:

• Attributes
• English language skills
• Maintenance.

Sponsorship

• Employers issuing a valid certificate of sponsorship will confer 30 points to the applicant which can be issued by the employer if:
• you are filling a vacancy that requires a worker with skills at NVQ level 3 or above;
• And have advertised the position and have met the resident Labour test.

Qualifications:
In addition to the above the applicant will score up to 15 points for his/her qualifications.

Prospective earnings
Up to 20 points will be awarded for the salary offered for the position.

Maintenance
10 point s in this category will be awarded for showing He/she is able to support themselves while they are in the United Kingdom. To score these points they will need to show that they have £800 in savings. (If they plan to bring any dependants a further £600 for each dependant.)