Chris Boyle, head of employment at Napthens solicitors, is reminding businesses that under the new system being introduced in phases by the UK Border Agency, migrants will need to pass a points-based assessment before they can enter or stay in the UK. This takes into account factors including age and experience.

The Government says the system will help British business recruit the skills it needs from abroad, and help ensure that only skilled migrants with something to offer, come to the UK. It will apply to migrants from outside the European Economic Area and Switzerland, such as America and Russia.

Key to this system will be the requirement for employers to act as sponsors of migrants. It will also assess and monitor potential employers for suitability, so businesses will have a number of responsibilities.

Under the scheme, employees will fit into five different category of worker – known as Tiers one to five, with highly skilled workers at one, and temporary workers at five.

Now Chris Boyle is reminding businesses that from November businesses must have a licence in place to act as a sponsor for two of the categories – skilled workers with a job offer to fill gaps in the UK labour force, and temporary workers.

Highly skilled workers do not need a licence, and the final two categories – three, or low skilled workers, and four, students, have not yet been introduced.

Chris said: “For businesses which employ workers from outside Europe, this is the biggest change in employment law for almost half a century, and it is important that employers are aware of their responsibilities.

“It will be necessary for businesses to register with the UK Border Agency to act as a sponsor, and in order to keep their licence, sponsors will need to alert the agency if migrants to not comply with immigration conditions, for instance by failing to turn up for work.

“Punishments for those businesses which break the rules has been introduced under this new system: there are civil penalties for employers who take on illegal immigrants, and a new criminal offence and unlimited fine for those who knowingly employ illegal immigrants.

“It is now more important than ever for employers to be aware of their role in employing migrant workers.”