Changes to the Immigration Scheme / Recruitment of Teachers from countries outside the EU
The UK Border Agency (UKBA) has recently announced changes to the points based immigration scheme, which includes the sponsorship of migrants under Tier 2 (General).
These changes may affect teachers currently sponsored under Tier 2 (either by SPS or the school) and teachers recruited in the future from countries outside the EU where sponsorship is required.
The main changes to the scheme are summarised below:
From 06 April 2011
- All salary payments made to migrant workers must be paid into their own bank account (either within the UK or overseas). This requirement is applicable to both newly sponsored teachers and existing teachers. Where SPS act as sponsor to a migrant teacher we have written to the teacher to advise them that if they do not already have their salary paid into their own account, they must arrange for an account of their own to be opened within 3 months of this new requirement being introduced (i.e., by 6 July 2011). For those schools that have their own sponsor licence, you should liaise with any sponsored employees to ensure that they comply with this new requirement.
- The skill level for jobs under Tier 2 (General) has been raised from S/NVQ Level 3 to Graduate level. This does not mean that the person employed to fill the job must be educated to graduate level, it means that the work that the person will do is pitched at graduate level. This will not affect recruited migrant teachers as all teaching positions will be at this required level.
- Certificates of sponsorship (CoS) have been reclassified as either 'unrestricted' or 'restricted' certificates. Sponsors will be allocated an annual allocation of 'unrestricted' certificates that they can assign to specific migrant workers. 'Unrestricted' certificates will apply to teachers who are already in the UK working for you or another employer / sponsor, including those working under another immigration route. 'Restricted' certificates apply to those teachers coming to the UK from overseas to commence employment. Before a 'restricted' CoS can be issued, sponsors must submit an application to the UKBA to request authorisation to assign the certificate. At this stage the sponsor (SPS or the school) will need to confirm that the resident labour market test has been carried out (where applicable) and that the worker meets all other criteria specified under Tier 2. The UKBA has set monthly limits on the number of restricted certificates that UK sponsors can collectively assign, which means that where monthly limits are exceeded, sponsors may be denied authorisation to issue a CoS. For those schools that wish to use SPS as sponsor under the scheme, you will need to consider this new procedure when recruiting teachers from countries outside the EU, and inform SPS as soon as possible where sponsorship is required in order to initiate the application and to allow for any potential delays.
Further guidance on the points based immigration scheme can be accessed from the SPS website or from the UKBA website. For further enquiries regarding sponsorship, please contact the SPS Operational Teams (details below).
Kings Hill (01732) 525256 / 525258
Brook House (01227) 598715 / 598780 / 01227 598781
Or email: firstname.lastname@example.org
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