Immigration

Workers from Abroad
Sub-contractors from Abroad

1. Workers from Abroad

a. Major changes to Business Immigration introduced in February 2009 with a new Points Based System being introduced on a roll out process.

b. The points system is based on a five tier structure and has a significant impact on those companies making new work permit applications and / or extention applications, as they will need to apply to be licensed as a sponsor and have various ongoing obligations in order to maintain their licence.

c. The rules for Teirs 1 - 5 have been gradually introduced, some still awaiting introduction, but what is clear is that all Companies, as part of the recruitment process, must ensure when employing a worker from abroad, (including a student from abroad, who has or is studying in this country), is entitled to do so.

d. Sponsorship, where appropriate, takes time, and even in the case of Accession Countries (those who are in the course of joining the EU but are not yet full time countries), specific rules apply, involving planning and attention to detail.

2. Sub-contractors from Abroad

Employers of sub-contractors from abroad, should also ensure that they are genuine sub-contractors, satisfying the full criteria for self-employed status, as if the workers are subsequently found to be employees, the stringent penalties for employing illegal foreign workers can apply.