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Employing International Students

Employing International Students

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Employing International Students

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  1. Employing International Students Sian Evans 22 April 2009

  2. The Horrors……. • The Penalties for Employing Illegal Workers • Document checks • Point Based System • Routes to employing international students

  3. 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).

  4. Relax….. • How to get protection from the statutory excuse! • Avoiding pitfalls.

  5. 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.

  6. Avoiding pitfalls • Recruitment procedure • Letter inviting to an interview • Job offer letter • Contract of Employment • Training • HR systems

  7. 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

  8. Points Based System • Tier 2 – 5 sponsorship licence • Each tier will require sufficient points • Objective and transparent criteria • Simplified Procedures

  9. 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

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

  11. 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

  12. 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

  13. Tier 2 – Skilled Workers • General (replaces work permits) • Sponsorship licence • Certificate of sponsorship • Advantages • Disadvantages • Job offer • <70 points – attributes, English language and maintenance

  14. Tier 2 • NVQ3 + • Paid at appropriate rate • Ability to carry out work • Shortage occupation list • Resident labour market test

  15. Recap on Routes to Employing International Students • Student Visa • Tier 1 – General • Tier 1 – Post Study • Tier 2 - General

  16. 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

  17. Questions