From Autumn 2008, Companies
wishing to employ migrant workers who require a work permit will first
need to obtain a licence from the UK Border Agency (UKBA) in order
to do so. The licence will cost £300 for small businesses or £1,000
for larger businesses. Not only will this impose an additional financial
burden on businesses but they will also be required to comply with
specific duties imposed on them by the UKBA. These duties will involve
for instance, informing the authorities if the worker does not show
up for work or if the Employer suspects that the worker is overstaying
their leave.
The licence application will require various types of documents to
be submitted depending on the size and type of business. Applications
for licences will be accepted later this year but any business anticipating
submitting a work permit application this year should plan ahead.
These new rules may cause problems for businesses who have not applied
for a licence in advance and who urgently need to employ a worker from
outside the EU.
© Davenport Lyons 2008. All rights reserved.
This document reflects the law and practice as at May 2008. It is general in
nature, and does not purport in any way to be comprehensive or a substitute
for specialist legal advice in individual circumstances.
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