Immigration & Churches Under the points-based system.

Immigration & Churches

Under the points-based system

Modern Immigration Law

• 1971 Immigration Act• 1993 Asylum and Immigration Appeals Act• 1996 Asylum and Immigration Act• 1998 Human Rights Act• 1999 Immigration and Asylum Act• 2002 Nationality, Immigration & Asylum

Act• PTO

Modern Immigration Law continued

• 2004 Asylum & Immigration (Treatment of Claimants etc) Act

• 2006 Immigration, Asylum & Nationality Act

• 2007 UK Borders Act

• 2009 Border, Citizenship & Immigration Act

Statutory Instruments

• Many clauses in each Act grant the power to make regulations.

• Statutory Instruments bring parts of each Act into force

• Others spell out the details

• They are either accepted as a whole or “Prayed against in either House

Immigration Rules

• Details of how policy is to be implemented

• Laid before Parliament.

• Either approved or “prayed against”

UKBA policy directives

• Asylum Policy• Asylum Support Policy• Country Specific Policy• Immigration Policy• European Policy• Enforcement Policy• Nationality Instructions• Work Permits Policy

Working in the UK before PBS

• Work Permits• Origin in the Department of Employment

• Permit Free employment• Origin in the Home Office [UKBA]

• Said to be 80 different routes of employment

Points-based Migration

• Set in a framework of 5 Tiers

• Tier 1 Highly skilled migrants programme

• Tier 2 Work based, shortage occupations

• Tier 3 Unskilled workers

• Tier 4 Students

• Tier 5 Youth mobility & temporary workers

Programme for introduction

• Tier 1 29th February 2008• Tier 2 Registration of sponsors not yet for

churches- August 2008• Tier 2 end Nov 2008 sponsor required for new

visas & renewals• Tier 3 suspended• Tier 4 Completed March 2010• Tier 5 end Nov 2008• ID cards for non-EU/EEA nationals late 2008

Programme for Churches

• 1/ Decide what you want to sponsor

• 2/ Register as a sponsor –before next renewal due

• 3/ All Ministers & other workers must be sponsored;

• 4/ Youth exchanges after given date?

What do you want to sponsor

• Incoming non-EU/EEA ministers• Renewals of visa for non-EU/EEA ministers• Other workers –skilled

» -non pastoral roles• Students• Youth exchanges [safeguarding ?]• Charity workers• “Religious visitors?”

»

Requirement to become a sponsor

• Validation of the organisation

• Charity status

• Plus endorsement by Religious/Faith body set up by UKBA

• And three of the following

Documentation required

• Registration with HMRC Charities

• Audited accounts

• Employers liability of M£5

• Registration as employer with HMRC

• Bank statement/letter from bank

• Proof of premises & assets

Information required

• Total number of employees

• Total number of non-EU/EEA nationals employed

• To manage the process this number must be divided into those subject to immigration control and those with ILR

• Number of certificates annually required to be estimated.

Registration process 1

• To make an application on-line organisation must first register

• To register the organisation must provide name and e-mail address on-line

• UKBA will email a User ID & Password

• User ID & Password can then be used to login to make an on-line application

Registration process 2

• On-line applications only- no paper version• Applications must be made by the

organisation themselves and not by a representative.

• Form takes approx 25-30 minutes to complete

• Separate page has to printed out, signed to confirm documents & fee to be sent

• Documents & fee sent to UKBA <10days

Registration process- approval

• Approved applications given A or B rating

• Prospective sponsor informed in writing

• If licence granted, sponsor will be notified of maximum number of CoSs it is entitled to issue before reaching a review point

Registration refused

• If false documents submitted• Sponsor does not meet requirements of tier• Within previous 6mths has been fined maximum

penalty of £10,000• Sponsor been convicted of a serious offence

which is a risk to immigration control• Supporting documents not submitted in 10days• No right of appeal

Registering as a Sponsor

• Register as a sponsor• Apply on-line by completing the form • Sponsor must make application- not a representative• State category Tier 2 Religious body & any others reqd• Identify

• Authorising Officer• Key Contact

Level 1 UserValidating documentsAccept terms & conditions

Authorising Officer

• Responsible for the licence application• For ensuring that sponsor meets

obligations• Must be based in UK• Must be permanent staff• Cannot be undischarged bankrupt or have

immigration problems• Can fill role as KC or L1U • Does not have automatic access to

Sponsor management system

Key Contact

• Main point of contact with UKBA for account manager and compliance purposes

• Must be based in UK

• Does not have automatic access to sponsor management system

• Can be the L1U

Level 1 User [more than 1 may be appointed] In practice the key person

• Operates the sponsors activities on a day to day basis- adds/subtracts from sponsor management system

• Based in the UK

• Report changes in circumstances or failures of migrants

• Maybe an external person, if so he must be a solicitor or OISC regulated

Sponsors duties

• Keep records to demonstrate right to work

• Photocopy or electronic copy

• Migrant contact details, address, phone numbers, e-mail

• Co-operate with UKBA to make documents available on request

• Report failures within 10 working days

• Report terrorism/criminal suspicions

UKBA sanctions.

• Withdraw licence

• Downgrade from A to B status

• 28 days to respond to notice of sanctions

• Decision within 14 days

• Suspension of current applications

If licence is withdrawn

• Lawful work ends

• Leave may be curtailed or entry stopped

• Immediately if migrant contributed to loss of licence

• 60 days grace allowed if no involvement to allow switch to new sponsor

• Migrant may face enforcement action

Fees

• To register as a sponsor as a faith group £300• To register as a sponsor for T2 as a charity £400• To register as a sponsor for T4 £400• To register for T2; T4 & T5 £400• Certificates of sponsorship• T2 £170• T4 £10• T5 £10• Biometric ID cards £30

Pre-PBS Criteria for Ministers of religion

• Existing Immigration Rules HC395

• Main duties –leading a congregation

• 1yr in last 5yrs working as a minister or ordained where ordination is means of entry

• Full time & no other employment

• No access to public funds

• English language IELTS level 6* [B2 ]

Criteria 2

• As above

• Can transfer from legal status of 1yr, but not an asylum seeker

• Imminently appointed or has been appointed

• Problem. If not already a minister then a person must first be a student to train

• Pastoral role = pastoral charge of church

Points calculation 70pts req’d

• Certificate of sponsorship 50pts• Maintenance 10pts• Competence in English 10pts

• Suitability is responsibility of sponsor • Maintenance –sponsor guarantee now

accepted• No EU/EEA national deprived of job

Transfers

• Tier 2 General

• Tier 2 ICT

• Tier 2 Sport

• All Tier 1

• All Tier 4

• Removed any other legal status other than visitor and asylum seeker. Critical issue –transfer from dependent status. Other?

Application for visa processfrom overseas

• Certificate of sponsorship is a virtual document.

• An online application is made [Visas4UK]

• One application per person

• Finger printing; later ID card and documents are all processed at reporting centre

• Visa issued

Application for visa process[from within the UK]

• Certificate of sponsorship• Paper applications only- online in the

future with each person applying• One application for family [excl children

over 18 years old]• Postal applications cost £200 less than a

personal application.• Keep a copy of all documents sent.• Send by recorded or special delivery.

HR records must

• Monitor immigration status & prevent illegal working

• Maintain contact details of migrant workers

• Record must be available to UKBA & show when next application is due

• Notify UKBA of non-compliance or end

• Record professional qualifications and recruitment process

Non standard HR processes

• Restricted access to immigration records

• Immigration history rather than current status only

• Whole family record, particularly important when a child will reach 18yrs old

• Database must prompt required action

• Immigration records should be on data protection register

Immigration record.

• Passport ID page.

• All pages with stamps or vignettes sorted in date order.

• If more than one passport used for time in the UK both should be entered in date order

• Date of entry & of latest visa

• Next application required

Tier 4 Students

• Statement of intent Summer 2008

• Completion Spring 2010

• Institution must be a registered provider

• Church and/or institution must keep records

• Church report cease to sponsor

• Institution report failure to attend or sponsor

Tier 5 40 pts required

• Voluntary workers

• Non-pastoral religious workers

• Visiting religious workers.

• Youth exchange?

• Certificate of sponsorship 30pt

• Maintenance 10pts, may be sponsors declaration of non dependence on public funds

Information required to issue a certificate of sponsorship

• Names; family, personal any previous names• dob, place of birth, nationality• Passport no, dates valid; place issued• Current home address, work address• Employment code “clergy”• Stipend• Resident market test:• Immigration Rules Appendix A para. 92 (a)For visa renewal 92(b) & (c) for new appointment

Sponsorship Management system

• When sponsorship is registered UKBA will write to the Authorising Officer with a user name

• eg vksmFqk –that is fixed –keep a note

• A password is sent to the level 1 user

• eg ApPle5

• First job is change that password to your own with 5 letters and at least 1 number

Issuing a certificate

• Workers• Create & assign• Tier & Category – Tier 2• Please select – minister of religion• Create a single certificate• Single certificate• Enter details from prepared list• Assign & pay [credit card recommended]

Application forms

• Main applicant –Minister of Religion form

• Beware changes in the form, consult UKBA web pages

• 59 pages; 1-5 & 53-59 are guidance

• Full guidance is a separate document

• Careful attention required to sort out which questions must be answered and which are to be ignored

Dependant forms

• One form for each dependant

• Must be signed by the main applicant

• £275 fee if made at the same time as main applicant

• £550 if made separately or simultaneously for an over 18yrs old dependant

• 50 pages 0-5 & 42-49 are notes; full guidance is separate

Presented by

• Stanley H Platt

• Advisor on Immigration & Asylum

• Methodist Church• OISC N200100129