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PBS - Enforcing PenaltiesUnder the Points Based System (PBS) of immigration in the UK, More responsibility has been placed upon sponsors. Sponsors will be responsible for evaluating the suitability of candidates before issuing a certificate of sponsorship, and beyond this they will be obliged to monitor their conduct whilst in the UK. Please note that any details about the sponsorship of non-EEA nationals must be made available to the Home Office Border and Immigration Agency (BIA) upon request. Please Note: Sponsors must keep records for each applicant they sponsor and keep details of any organisational procedures. Every sponsor will be graded. Grading comes in the form of an A or B depending on the BIA's risk assessment of each organisation. Sponsors can be downgraded during this process. Organisations that have been given an A rating, may have their A rating revoked/downgraded in some circumstances. Any B rated sponsors will be subject to closer inspection by the BIA when sponsoring. When might a license be revoked?
A license may be revoked as a result of dishonest dealings with the BIA, making false statements, failure to disclose information or failure to comply with any other obligations set out under the points based system.
» A license may be revoked if the organisation in no longer in operation.
» Licenses will also be revoked where an organisation is convicted of illegally employing non-EEA nationals or another offence which relates to breaking UK immigration law.
» If BIA immigration officers find that the compulsory procedures under sponsorship are not in place, a license can also be taken away.
» If the BIA suspects a severe breach, they have the right to suspend the sponsor whilst the breach is investigated. (sponsors will not be able to apply for certificates during this time).
How are migrants affected by a sponsor's revoked license?
When a license is taken away, a sponsor is not able to bring any non-EEA national into the UK. (Nationals that are already sponsored and who have a UK visa will have their leave to remain shortened to 28/60 days, in cases of a 28-day time frame; migrants have to leave the UK).
When will a sponsor be downgraded?
A license may be downgraded to a B rating in circumstances where the BIA has strong evidence to prove that a sponsor has committed a serious offence.
The Sponsorship Action Plan
As the 'B' ratings are only temporary or given when a sponsor has been downgraded, a Sponsorship Action Plan must be followed to regain an A rating.
Sponsorship Action Plans are drawn up between the BIA and the sponsor however, they are mandatory and failure to comply may lead to a sponsor's license being revoked. Actions plans run for a 3 month period, after 3 months is up then the sponsor's rating will be reassessed and new grade given. Please Note: If a sponsor does not get an 'A' rating, then the license can be revoked. Penalties
Different penalties are incurred depending on how severe the breach is.
» A civil penalty can be given if illegal migrants are being employed.
» Where illegal workers are intentionally employed, a prison sentence of up to two years and an unlimited fine may be given. The sponsor may also be banned from being a company director, and from forming or managing a business.
» A prison sentence of up to two years, and/or an unlimited fine may be imposed for the procurement or use of fraudulent identity documents.
ID Cards (Biometric immigration documents)
All non-EEA nationals in the UK for more than 6 months MUST apply for an ID card/biometric identity card. ID cards will confirm immigration status and right to live/work or study in the UK. |
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-------------------------------------------------------------------------------------------------------------------------------------- Tel: 01422 320485 Fax: 01422 322657 Registered at the Specialist Level with the OISC UK Ref: F20010025 |
