Employing International Students

Sian Evans22 April 2009

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The Horrors…….

• The Penalties for Employing Illegal Workers– Document checks

• Point Based System– Routes to employing international students

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The Penalties!

• Employers (regardless of whether sponsored or not).

• Criminal penalty - <2 years imprisonment and/or unlimited fine (knowingly).

• Civil penalty – max £10,000 per illegal employee (sliding scale).

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Relax…..

• How to get protection from the statutory excuse!

• Avoiding pitfalls.

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How to get protection from the statutory excuse!

• Ensure you see the originals.• Take steps to check validity.• Take and keep copies (for at least two years).• Check document before employment

commences.• Continuing duty to check those with limited

leave to remain.

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Avoiding pitfalls

• Recruitment procedure

• Letter inviting to an interview

• Job offer letter

• Contract of Employment

• Training

• HR systems

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Points Based System

• Tier 1 – Highly skilled individuals

• Tier 2 – Skilled workers with job offer

• Tier 3 – Low skilled workers

• Tier 4 – Students

• Tier 5 – Youth mobility and temporary workers

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Points Based System

• Tier 2 – 5 sponsorship licence

• Each tier will require sufficient points

• Objective and transparent criteria

• Simplified Procedures

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Routes to Employing International Students

During their studies:• 20 hours per week during term time

• Full time during vacations

• Full time on a work placement which is part of a sandwich course or an internship and providing it is no longer than 50% of the length the course

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During their studies:• Letter from university – term time dates• Document checks

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After their studies:

• Tier 1 – Highly skilled migrants– General (replaced HSMP)– Post Study (replaced International Graduates

scheme)• No Sponsorship• <95 points – attributes (age, qualifications,

previous earnings and experience in the UK), English language, maintenance

• www.ukba.homeoffice.gov.uk/pointscalculator

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Tier 1 - Advantages

• No need to sponsor• No sponsorship licence

• Individual makes own application• Pay fees

• No need for job offer

• Apply in the UK

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Tier 2 – Skilled Workers• General (replaces work permits)

• Sponsorship licence• Certificate of sponsorship• Advantages• Disadvantages

• Job offer

• <70 points – attributes, English language and maintenance

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Tier 2 • NVQ3 +

• Paid at appropriate rate

• Ability to carry out work

• Shortage occupation list

• Resident labour market test

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Recap on Routes to Employing International Students

• Student Visa

• Tier 1 – General

• Tier 1 – Post Study

• Tier 2 - General

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Employer Action • Check documents for all employees

• Clear policies and procedures in place

• Clear recruitment practice

• Identify potential Tier 2 application

• Consider need for sponsorship licence

Questions