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Dear Mr Bassie,

I am a Jamaican living in the UK and I read your column online each week. I run my own business and I would like to sponsor workers from Jamaica to come and work in my company.

I would appreciate any advice that you can give. Thank you.

V.O.

Dear V.O.,

Thank you for reading my column.

Currently, there are specific procedures needed to be followed if you are sponsoring workers to come to the UK under the points-based system. If you want to employ skilled workers from Jamaica in a permanent or long-term job, you must sponsor them under Tier 2 of the points-based system. However, if you want to employ skilled workers from Jamaica on a temporary basis, you must sponsor them under Tier 5 of the points-based system.

If a highly skilled migrant from outside the European Economic Association (EEA) is already in the UK under Tier 1 of the points-based system, you can employ the migrant without needing to sponsor him/her. Currently, Tier 3 of the points-based system is suspended. This means that you cannot employ low-skilled workers from outside the EEA.

There are key elements of the points-based system that you must adhere to when sponsoring. You must obtain a sponsor licence before you can employ skilled workers under Tiers 2 and 5; you will be expected to comply with your sponsorship duties; you must also issue a certificate of sponsorship to each non-EEA worker who you want to sponsor, so that they can apply for a new visa or extension of their stay and you must use the sponsorship management system to issue and pay for each certificate of sponsorship, and also to fulfil your reporting duties.

You should note that there are four categories of skilled workers in Tier 2 and these are general, intra company transfer, minister of religion and sports person. Also, there are five categories of temporary workers in Tier 5 and these are creative and sporting, charity worker, religious worker, government authorised exchange and international agreement

Furthermore, you must have a licence to sponsor skilled or temporary workers under the points-based system. To get a licence, you must apply online and send in your payment and supporting documents to the authorities. However, before you apply, you must have good human resources systems and compliance in place so that you can monitor and keep records of the migrants you employ.

sponsorship action plan

If your application is successful, you will be given an A or B rating and you will then be added to the authorities' published register of sponsors. The B rating is for sponsors who the authorities think could be a risk to immigration control or who do not have all the correct systems in place. These sponsors will then be required to follow a sponsorship action plan that is designed to help them become A-rated, or they will risk losing their licence.

If you are successful and become a licensed sponsor you will be responsible for ensuring that the migrants comply with their immigration conditions by keeping records on them and reporting any changes to the authorities, for instance a failure to turn up for work. If you do not comply with your duties, you can have your licence downgraded or withdrawn. Sponsors are responsible for assigning certificates of sponsorship to migrant workers in Tiers 2 and 5. The worker will need the certificate of sponsorship when they apply for a visa to go to stay in the United Kingdom. The migrant will also need to pass a points-based assessment before they will be considered to be allowed to go to the United Kingdom.

John S. Bassie is a barrister/attorney-at-law who practises in Jamaica. He is a Supreme Court-appointed mediator and a fellow of the Chartered Institute of Arbitrators. Email: lawbassie@yahoo.com or editor@gleanerjm.com