Debate on changes to UK immigration rules
Published by Gareth McConnell on October 20th, 2008 in News, UK
The Government will tomorrow debate new rules on immigration including licensing of sponsors, developed through UK Border Agency policy and guidance.
The Immigration Law Practitioners’ Association (ILPA), a professional organisation aiming to promote and improve the giving of advice on immigration have met with the UK Border Agency throughout the development of the sponsor-licensing scheme and have expressed many concerns, including:
- In the rush to get the system up and running, UK Border Agency staff have stopped carrying out audits on employers before registering them as sponsors. Given that sponsors will be able to issue Certificates of Sponsorship that will stand in the place of the current work permits, the potential for fraud is large.
- There is no indication that the current immense bureaucracy will target those employers who do not play by the rules. The most extreme examples of such employers are those involved in human trafficking and the exploitation of migrant workers, including the use of bonded labour, thus undercutting employers who respect their obligations under health and safety law, company law and employment law, whether they employ migrant workers or those from the resident labour market.
- The UK Points-Based System is often described as ‘Australian-Style’. But under the Australian Regional Sponsored Migration Scheme (which allows employers in regional areas to sponsor skilled workers where no labour available locally), the employer must demonstrate (among other things) a record of compliance with workplace relations laws. By contrast, the UK Border Agency scheme is more of a ‘speeding fines’ approach that raises revenue from employers who take all these obligations seriously but sometimes make an innocent mistake in understanding their obligations or in collating or retaining the evidence of compliance.
The new rules are subject to the negative resolution procedure whereby parliament has 40 days to ‘pray’ against them and reject them.
Should this happen the requirement to have a sponsor will not become law, effectively stopping or slowing down the sponsor licensing scheme and the introduction of Tiers 2 (skilled workers), Tier 5 (temporary workers and youth mobility) and potentially Tier 4 (student) of the Points-Based System.
Given Phil Woolas’s controversial remarks over the weekend it will be interesting to see how the government address the concerns of employers taking on the role of unpaid immigration officers and how many employers currently employ people who hold work permits, compared with the number of employers registered as sponsors – a long bureaucratic procedure involving 130 pages of guidance and a 35 page application form.
