Documentary evidence
Paragraph 245AA of the Immigration Rules sets out some points concerning the requirements in relation to what evidence must be submitted in respect of an application under the PBS. For example, it states that documents will only be considered if they have been submitted with the application. Documents will only be considered after the application where, for example, the document is in the wrong format, or does not contain all of the specified information. In such circumstances the person considering the application will contact the applicant or the applicant’s representative to request the correct documents, which must be provided within a specified timescale.
Sponsorship under the PBS
The current law provides that prospective UK employers must hold a licence to employ migrant workers, and education providers must hold a licence to offer educational courses. In obtaining a licence, these institutions are recognised as sponsors by the UKVI for the purpose of the IR.
Recognised sponsors agree to meet a number of sponsorship duties. These include a duty to inform the UKVI if migrants do not turn up for their job or course, or if they are absent without permission for a significant period. The UKVI monitors compliance with these duties.
Sponsors must apply to join the register of sponsors. If awarded a licence, they are added to the register of sponsors and will be able to issue certificates of sponsorship. The licence is valid for four years, after which the sponsor must re-apply.
The Immigration Act 2016 enables the SSHD to levy a skills charge on those hiring non EU (now, non British) nationals as skilled workers (see s. 70A Immigration Act 2014). The Immigration skills charge was introduced in April 2017 and is currently set at £1000 per employee per year (with a reduced rate of £364 for small or charitable organisations, including universities).
Applying under the PBS
An applicant should first ensure they are eligible by checking they have the requisite points under the relevant category.
The applicant should then complete the relevant application form which can be downloaded from the UKVI website. Detailed guidance on completing the form is also available on the website. The applicant should submit the form together with the correct fee and the correct supporting evidence to the UKVI. Supporting documentation will be verified if there is any doubt that it is genuine. If the documentation is confirmed as being false or if there is cause to doubt the genuineness of any document submitted by the applicant (reasonable steps having been taken to verify the document), the application will be refused.
If an application is unsuccessful because the requirements have not been met, the fee will not be refunded.