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This section provides general information on employment law. If you have specific questions, you should seek legal advice from a lawyer or trade union.
WorkLine offers advice on the website, through a confidential phone number or email. The service is sponsored by the UK Film Council and Women in Film and Television, and supported by Goodman Derrick LLP (Employment Lawyers).
The information in this section of the Diversity Toolkit has been compiled by Croner, an organisation providing information, advice and support in the areas of employment, health and safety and environmental compliance.
Immigration, Asylum and Nationality Act
Summary
The Immigration, Asylum and Nationality Act 2006 (IAN) is intended to make it easier for employers to check on the identities of potential new workers from other countries. The intention is to reduce the range of documents that they are asked to examine to establish a person's entitlement to work in the UK. A points-based system has been introduced, including new rules for highly skilled foreign nationals currently working in the UK who want to extend their stay. In addition, regulations have been introduced so that employers who break the rules face civil penalties of up to £10,000 for each illegal worker they employ.
Question
Is further guidance available on the sponsorship process?
Answer
Yes. The UKBA has issued detailed guidance which is available online at: www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/. From this page it is possible to access individual guidance on:
- Guidance for sponsor applications - Tiers 2, 4 and 5;
- Immigration offences;
- List of civil penalties;
- Keeping documents; and
- UK Trade and Investment (UKTI) letter (Example of secondary evidence letter).
Key Facts
- A new points-based system came into operation on 29 February 2008 when any highly skilled foreign nationals currently working in Britain who wanted to extend their stay had to apply under the new system.
- Tier 1 is the first of five tiers of the PBS which was rolled out in March 2009. Tier 2, targeting skilled workers with a job offer, and Tier 5, for temporary workers such as musicians, actors and sportsmen began in November 2008. Tier 4, for students, began in March 2009. There are no current plans to introduce Tier 3, which covers low skilled workers.
