On 31 March 2009 an Order comes into force which will exempt from criminal prosecution licensed sponsors who provide immigration advice and/or services in relation to tier 2 applications to current and prospective employees and their immediate family members - provided that they do so free of charge.
When providing immigration advice and/or services in relation to tier 2, licensed sponsors must comply with the Office of the Immigration Services Commissioner's Code of Standards at: http://www.oisc.gov.uk/how_to_become_an_immigration_adviser/code_of_standards/
The fact that tier 2 has been operational without the benefit of this exemption since November 2008 has been recognised in the explanatory memorandum to the statutory instrument and it is therefore unlikely that prosecutions will be brought against a licensed sponsor who has provided such advice and/or services, as long as they have done so free of charge.
However, it remains a criminal offence for an employer/licensed sponsor to provide immigration advice and/or services in relation to matters that do not fall within the scope of this exemption such as tier 1, ILR, business visitors or any other immigration applications, unless the advice relates to an existing UK work permit holder or EEA national employee and their direct family members. (Employers are already permitted to advise their own employees who have a work permit or are EEA nationals, and their family members, pursuant to a previous exemption, providing such advice is free of charge).
Under the exemption, education establishments will also be able to provide advice and/or services in relation to tier 4 applications.
If you require further information, please contact Philip Barth or Nichola Carter at Penningtons.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
