A New Era Of Risk Emerges - Immigration Update

Tier 1, tier 2 and tier 5 applications - enhanced criminal and other risks for employers (including managers, directors, HR representatives, etc) and individuals

We have become aware that the UK Border Agency (UKBA) has recently started to refuse applications to switch into tiers 1, 2 or 5 of the points based system (PBS) by work permit holders where the information supplied in the PBS application is substantially different to information which is held by UKBA in relation to the employee's work permit. They have also curtailed the leave of the individual employee in such circumstances.

Risks to employers

Where an allegation arises that work permit related employment has commenced or continued unlawfully because, for instance, incorrect information was provided to UKBA by the employer in the initial application or substantial changes of employment were not notified to UKBA by way of a new work permit application or a technical change of employment, there are a