Monday, January 20, 2014

PBS - UK Sponsorship Duties

General PBS Sponsorship Duties
Sponsors must only issue Certificates of Sponsorship to candidates who are eligible and qualified to perform the employment or course of study in the UK, both in their own estimation and according to UK Work Permit or Study Visa requirements.

Keeping Records
Sponsors are required to keep a broad range of documentation relating to each candidate that they are responsible for. This documentation must be made available to the UKBA upon request.

Among the documentation, the company must keep full contact details for each individual as well as a copy of their passport or UK Visa status, demonstrating authorization to work or study in the UK. Where migrants have biometric Immigration Documents, commonly known as identity cards, a copy must be retained.

Reporting Duties
As well as maintaining records, sponsors are obliged to take a proactive approach to reporting a sponsored migrant if their conduct is unsatisfactory.

Where a sponsored migrant does not arrive for their first day of work or study, this must be reported within 10 working days. The absence must still be reported in cases where a reason has been given.

Where candidates fail to attend work or study for a period of more than 10 working days, without the permission of the sponsor, this must also be reported, once again within 10 working days.

Termination of contracts or studies, whether through the candidates' own choice or due to dismissal must also be reported within the same period. In such cases, any information held by the sponsor pertaining to the candidate's new place of employment or study must also be provided.

If, for any other reason, sponsor and candidate part company, this must also be reported. Sponsors must also make the UKBA aware of any significant changes in the circumstances of either party.

Category Specific Sponsor Duties Tier 2 Visa - Skilled workers
As with the former UK Work Permit system, Certificates of Sponsorship may only be awarded where a candidate is qualified to perform a specific role at NVQ3 or higher.

The position must have been subjected to the Resident Labour Market Test (RLMT) ensuring that the position includes an appropriate salary and that it has been advertised sufficiently to show that no EEA national can fill the position.

The RLMT does not apply to positions which are included in the UK skills shortage list or those offering a salary of £40,000 per annum or more.

RLMT also does not apply in the following circumstances:
- Intra-Company Transfer - A candidate arriving through an ICT must have been working for the same company overseas for 6 months or more.
- Religious Worker - Sponsors of religious workers must demonstrate that candidates have Faith Body Endorsements of their suitability, from the relevant faith body.
- Sportsperson - Where a sportsperson aims to establish a presence in the UK, their sponsor must show that the migrant has a Governing Body Endorsement for their sport. They must also show that the migrant is internationally established and will make a significant contribution to the UK.

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