Wright Hassall has learned of a Tier 1 General leave to remain application recently being refused because the details of the salary claimed for the purposes of showing earnings for Tier 1 General differed with those shown on the UK Border Agency’s database in relation to the work permit from which the applicant was seeking to switch. Not only was this bad news for the individual applicant, but there were also ramifications for the employer who had sponsored the work permit. The employer who applied for the work permit may have committed offences under the Immigration Act by failing to pay the salary stated in the application and may as a result have their sponsorship licence downgraded or withdrawn as well as leaving themselves open to possible prosecution for related immigration offences. Clients are advised to be aware of this when submitting Tier 1 General applications for employees currently on a work permit or sponsored under Tier 2.
This article was first published in Business Immigration eBulletin May 2009
For more information on Tier 1 applications please contact
Marian Dixon or
Peter Dixon.
