Overview

Recent changes to the United Kingdom's immigration rules have made it much more difficult to employ non-European workers in the UK.

The current points-based system requires employers to have a ‘sponsorship licence’ to employ most workers from outside the European Economic Area (EEA) to work in the UK. Employers who become licensed sponsors also accept a range of duties in relation to managing immigration. In practice, much of the responsibility for assessing who is eligible to work in the UK has been passed from the UK Border Agency (UKBA) onto employers, with serious consequences for those who get it wrong. In parallel with the points-based system, a new penalty regime applies to employers who employ illegal workers.

Travers Smith provides an overview of the points-based immigration system, the main features of the sponsorship licensing system and the key changes in the pipeline for employers. It also provides practical guidance on the employer’s duty to prevent illegal working and the penalties which apply.

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