PBS - Applying for a licence

The Points Based System (PBS) can be complex and presents various pitfalls if procedures are not followed correctly.

The system places much greater responsibility with those who benefit most from immigration to UK and as such, sponsoring organisations will be responsible not only for assessing the suitability of candidates before their arrival but also for monitoring and reporting on their conduct whilst in the UK. 

Failure to carry out the obligations of sponsorship correctly can result in a licence being revoked, civil proceedings or a criminal prosecution.

At Global Visas, we focus on helping you as a sponsor, to attract the personnel you need. We have more than twenty years experience in visas and UK immigration law and we are fully equipped to deal with 

applications

 for tier 1 immigration through to tier 5 immigration.

Our team of specialist immigration lawyers, ex-immigration officials and skilled migration consultants provide guidance and support at all stages of the UK visa application process ensuring that you get the benefits of migration without falling foul of the system.

We provide full audit and immigration compliance services to make sure that you meet the obligations of sponsorship and that you secure and maintain an A rating.

Making an Application

Applications can only be made electronically and if successful, a licence will be awarded as an A or B rating depending on the Border and Immigration Agency's (BIA) assessment.

In most cases an A rating will be awarded, however, A rated organisations may also be demoted to a B rating or have their licence withdrawn altogether if the rules of the PBS are breached.

B ratings are designed as a transitional measure, and B rated organisations, whether they begin with this rating or are demoted, will be obliged to follow a Sponsorship Action Plan in order to reach or regain an A rating.

Licences are issued for 4 years and must be renewed before this period expires, even if a sponsor continues to employ non-EEA nationals but does not wish to sponsor any additional ones.

A sponsor will generally be permitted to continue issuing Certificates of Sponsorship during the renewal process. However, If the four-year period expires, a sponsor will not be able to renew their licence and will have to submit a new application. A licence may be surrendered at any time if the sponsor no longer requires it.

Single or Multiple Licences?

Where a potential sponsor has several branches it may opt to apply for a licence as a single entity or apply for a separate licence for each location.

Where a single entity application is made, any future revocation of a licence will apply to all branches.

Where separate licences are issued, the withdrawal of one licence will not automatically result in the loss of the others, through it may lead to investigation of all other branches.

The same principle applies to franchises under the control of a central organisation, although franchises run as separate businesses will need to apply for separate licences.

Why an Application May Be Refused

• If the necessary supporting documentation is not provided. A licence will also be refused if false or forged documents are submitted. A Global visas immigration consultant will be able to discuss these requirements with you.
• If a sponsor does not meet the requirements for the specific tier of the PBS for which it is applying.
• If a sponsor is either an un-discharged bankrupt or is not permitted on legal grounds to be a company director.
• If a sponsor has been convicted of an offence which poses a risk to UK immigration control, and is not considered 'spent'.
• Where a potential sponsor has been dishonest in dealing with the BIA, has provided false information or has a record of poor compliance under the previous work permits system.
• Where the BIA has reason to believe that the practices and procedures within the potential sponsor organisation are not up the appropriate standards required, e.g. existing communication procedures would not allow for the sufficient monitoring of sponsored individuals.

Why a 'B-Rating' Might Be Issued

• Where a potential sponsor has been issued with a fixed or civil penalty for an offence such as illegally employing a migrant worker.
• Where an existing sponsor with a B rating is applying for a renewal. However, If the sponsor has successfully completed its action plan an A rating may be awarded.
• If a sponsor has a conviction which questions their suitability as a sponsor, such as benefit fraud or an offence relating to the national minimum wage. Once more, this does not include convictions which are regarded as 'spent'. Each case will be assessed individually according to the seriousness of the offence.

Specific Sponsor Licence Requirements By Tier

The Points Based System consists of five immigration tiers designed to cater for all migrants except those entering the country on family based UK visas. With the exception of candidates applying for a tier 1 visa, all non-EEA nationals will need a sponsor. In some tiers, specific subcategories present their own requirements.

Religious Workers

Religious workers may seek long-term entry to the UK under tier 2, or under tier 5 if they will be staying for less than two years and their role does not involve preaching. In either case candidates must be sponsored by a religious institution which holds a current Faith Body Endorsement from the relevant faith body.

Sportspeople

Sportspeople who wish to come to the UK on a long-term or permanent basis under tier 2 must be sponsored by a sports club with a current Governing Body Endorsement from the relevant governing body.

Intra Company Transfers (ICT's)

ICT's formerly part of the UK work permit system, are included in tier 2. For a licence to be granted a sponsor must demonstrate a direct link through common ownership with the overseas organisation currently employing the proposed migrants.

Low-Skilled Workers

Under tier 3, a prospective sponsor would need to have a scheme to bring low-skilled workers to the UK with approval from the BIA. No such schemes exist at present.

Students

Students

 are covered by tier 4 and sponsoring institutions will be subject to reviews by the relevant body from the list below.

• Quality Assurance Agency for Higher Education (UK)
• Ofsted (England)
• Her Majesty's Inspectorate of Education (Scotland)
• Estyn (Wales)
• Education and Training Inspectorate (Northern Ireland)
• Independent Schools Inspectorate (ISI) Institutions must demonstrate that they have a valid accreditation approved by the Border and Immigration Agency or those they have passed an Ofsted inspection.

Voluntary Workers

To employer voluntary workers under tier 5, a sponsor must be a registered charity. In Northern Ireland, the organisation must have charitable status.

Temporary Exchange Workers

Temporary exchange schemes require an 'overarching body', i.e. the organisation which runs and administers the scheme in question, to be the sponsor of the UK visas rather than specific participating organisations or employers. The overarching body must have the support of a UK Governmental department.

Temporary Creative Workers and Sportspeople

Sponsors of creative workers must operate in the creative industries, and follow the good practice guidance currently being produced by representatives of the sector in conjunction with the BIA. Sponsors of temporary sportspeople must be a sporting body, club, event organiser or other sporting organisation.

Temporary Workers Under International Agreements

• Private servants in diplomatic households - must be sponsored by a diplomatic mission.
• Overseas Government Employees must be sponsored by a diplomatic mission or international organisation recognised by the UK Government.
• Sponsors of migrants under the General Agreement on Trade and Services (GATS) or another international treaty must show that the job derives from the terms of the agreement. It may also be necessary to provide a contract and show that an Economic Needs Test has been carried out.
• Youth Mobility Scheme migrants will be sponsored by the Governments of their countries rather than a specific organisation or employer.

Reapplying After Refusal

Where a potential sponsor has been refused a licence they may reapply, although no specific right of appeal is offered. In order to reapply the reasons for refusal must have been rectified.