Pam Sidhu, Partner & Head of Business Immigration, considers recent changes introduced by the UK Home Office to safeguard workers’ immigration and employment rights and streamline employer sponsorship processes. We set out below the key highlights.
Pam Sidhu comments:
“These changes reflect the Home Office’s ongoing efforts to modernise the sponsorship immigration system, prioritise worker protection, and support UK businesses in their recruitment processes. The changes are largely helpful to businesses, but come with a warning that they must strictly follow all immigration and employment procedures carefully; otherwise, there are strict and punitive consequences for their sponsor licence and therefore their ability to recruit from overseas.”
- Continued Validity of Expired Biometric Residence Permits (BRPs) for Travel
With the introduction of a digital immigration system, all Biometric Residence Permits (BRPs) and EU Settlement Scheme Biometric Residence Cards (EUSS BRCs) are due to expire on 31 December 2024, regardless of the underlying immigration permission’s expiry date. However, the Home Office has confirmed that individuals can still use their expired BRP or EUSS BRC as evidence of permission to travel until at least 31 March 2025, as long as the underlying immigration status remains valid.
Therefore, it is advisable for workers who hold these documents to retain their physical BRP or EUSS BRC until at least 31 March 2025, create a UKVI account, and transition to a digital status as soon as possible.
Key Takeaways:
- Expired BRPs and EUSS BRCs are still valid for travel until 31 March 2025.
- Holders can create a UKVI account and access their eVisa in 2025 using expired documents.
- Expansion of Sponsor Licence Priority Services
The Home Office has also expanded its sponsor licence priority services to improve the efficiency of the sponsorship process for employers hiring migrant workers. Notably:
- Pre-licence Priority Service: The cap for this service, which was previously limited to 30 applications per day, has been removed. The service expedites sponsor licence applications, reducing processing time from around eight weeks to just 10 working days for a fee of £500.
- Priority Change of Circumstances Service: The cap for priority requests has increased from 60 to 100 per day. This service allows sponsors to prioritise certain requests, such as adding a Level 1 user or adjusting an organization’s details, which will now be processed within five working days (down from 18 weeks). The fee for this service is £200 per request.
These updates aim to make the sponsorship process quicker and more accessible, particularly for businesses needing fast action on their sponsorship licence applications.
Key Takeaways:
- Pre-licence priority service now has no cap, with a processing time of 10 working days.
- Priority change of circumstances service cap raised to 100 requests per day, with a 5-day processing time.
- New Measures to Prevent Employer Exploitation of Overseas Workers
In a move to combat exploitation in the workforce, the UK government is introducing new measures as part of the Employment Rights Bill (ERB). Under these changes:
- Banning Employers from Sponsoring Overseas Workers: Employers found repeatedly breaching visa rules or committing serious employment violations (such as failing to pay the national minimum wage) will be prohibited from hiring overseas workers for at least two years. This crackdown aims to address unfair practices and ensure better treatment for migrant workers.
- Strengthened Sponsor Licence Action Plans: The Home Office will also strengthen sponsor licence action plans. The duration for which employers can be banned from sponsoring migrant visas will increase from three months to 12 months, ensuring that sponsors remain compliant with immigration and employment laws.
- Prevention of Cost Charging for Sponsorship: The new rules will prevent employers from passing the cost of sponsorship onto skilled workers. This is a significant step in protecting workers, particularly in sectors like healthcare, where employees have been known to face exploitation through excessive fees.
These amendments are part of a wider government effort to reduce abuse of the immigration system and promote fairer treatment for migrant workers, particularly in vulnerable industries.
Key Takeaways:
- Employers with repeated serious violations will face a two-year ban on hiring overseas workers.
- Sponsor licence action plans will be strengthened, with bans lasting up to 12 months for non-compliance.
- Employers will be prohibited from charging skilled workers for sponsorship costs.
How Wilkes Can Help
For more information or to discuss how these updates may impact you, contact Pam Sidhu, Partner, Business Immigration, on 0121 733 8000 or [email protected]
