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 29 th 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 address on-line UKBA will 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 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 User Validating documents Accept 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, 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 English10pts 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 process from 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 & 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 & are notes; full guidance is separate

Presented by Stanley H Platt Advisor on Immigration & Asylum Methodist Church OISC N