Time running out for non-registered migrant sponsors, warns mhl

Specialist HR provider mhl support has issued a reminder that company directors could find themselves facing a jail sentence or crippling fines if found to be recruiting illegal workers.

The government has reviewed the current immigration rules for non-EEA migrant workers and has introduced a new, points-based, system for migrant workers, which requires employers to apply for a licence to recruit such workers.

Employers are reminded that if they do not apply for such licences when these are required and subsequently employ non-EEA workers without this licence, then directors may face expensive fines, and even prison sentences.

mhl support has issued the reminder ahead of the November 1st change in legislation, which requires organisations wishing to hire workers from outside the EU, or continue to employ skilled migrant workers whose current work permit expires after 1st November to apply for a sponsorship licence.

Marc Schroder, CEO of mhl, said: "This is the biggest shake-up of the immigration system for 45 years, and has been developed to help British business recruit the skills it needs from abroad. It operates on a points-based system and relies on employers becoming sponsors of migrants.

"The UK Border Agency (UKBA) has been tasked with compiling a register of sponsors, that is, organisations with authority and permission to hire migrant workers. The UKBA has stated that at this time, it can only guarantee that applications received by October 1st will be processed in time.

"There has been a huge advertising drive on this, both on television and on the radio, as well as significant press coverage and yet, still the vast majority of companies who ought to be on that register are not, and have not applied to be included.

"Those companies are susceptible to prosecution. The warnings are clear – failure to comply with employment law in respect to migrant workers carries vast penalties. Directors could find themselves in prison or facing a huge fine; which in the current economic climate could spell the end for their company," he said.

Mr Schroder said that a survey carried out by PricewaterhouseCoopers had revealed that 88 per cent of HR teams have still not applied for a licence, with more than half blaming 'internal processes' for their failure to do so.

"That will not wash," Mr Schroder said. "These plans have been imminent and have been publicised for some time. If people are seen to be employing migrants after November 1 without having had their sponsorship licence issued when this is required – let alone without having applied for it – there will be no defence to protect them from imprisonment or financial penalty – and those penalties will have a huge impact on a company's future.

"mhl has been working for some time with its clients, both helping to apply for the licences and to advise others on the application process to ensure that come November 1st, every step has been taken to protect an organisation with a need for skilled migrant workers.

"PwC's findings have demonstrated that despite every effort, companies are not heeding the warnings. We would appeal to any directors who have either delegated responsibility for this, or procrastinated and kept putting it off until tomorrow, to give it their immediate attention – tomorrow never comes, but October 1st will be here before they know it," he advised.