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Further to the restrictions which raised the skills bar for migrant workers under the Points-Based System introduced on 31 March 2009, the government now plans to consult on the following further restrictions the net effect of which will make it even harder to work in the UK:
The deadline for consulting on the first two issues is the end of July. These changes mean that those employees who have come to the UK under the intra-company or new hire route will no longer be able to do so, unless the role they are to fill is deemed a shortage occupation.
Under current immigration rules, employers are allowed to recruit Tier 2 (General) non-EEA nationals where the vacancy cannot be filled by the UK resident labour force. In order to demonstrate this, currently the employer must advertise the role for a period of two weeks (if the salary is under £40,000) and one week (if the salary is over £40,000). Following recommendations from the Migration Advisory Committee, the Government has decided to increase the period required for the advertisement to four weeks with effect from 14 December 2009. Generally speaking, the advertisement will need to be in Job Centre Plus (with some exemptions) and as per the relevant Code of Practice. This is to give the resident labour force greater employment opportunities. Employers will not need to advertise for a continuous period of four weeks, but may for example, split it into two periods of two weeks and on week and three weeks within a three month window. Adverts which are placed before the 14 December will not be affected by this change.
The changes to the Tier 1 (highly skilled workers) rules have already significantly restricted those eligible to holders of Masters degrees or above.
The fact that the UK grants dependants the right to work in the UK on an unrestricted basis has historically been seen as a significant factor in attracting and retaining key talent to the UK market. Removing this right may well see a decline in highly skilled workers wishing to work in the UK.
The current recommended shortage occupation list contains roles such as specialist engineers, some medical technicians, nurses and doctors, maths and science secondary school teachers, social workers within children's and family services, orchestral musicians, contemporary and ballet dancers, some fishing and agriculture-related occupations, some photographers or audio-visual technicians and home care assistants. Occupations to be reviewed include health-related professionals, engineering technicians, town planners, vets, chefs and social workers. The shortage occupation list does not currently cover any IT, finance-related, legal or accountancy roles. Quantity surveyors and construction project managers are recommended to be temporarily suspended from the shortage occupation list until autumn 2009.
The Migration Advisory Committee made recommendations based on its first partial review of the shortage occupation lists for the United Kingdom and Scotland. The lists set out in the report are used alongside Tier 2 of the points-based system for managing immigration, comprise skilled occupations where there are shortages that can sensibly be filled by enabling employers to recruit migrants from outside the European Economic Area (EEA).
The list will be further reviewed in autumn 2009. The shortage occupation list covers the whole of the UK. However, a separate list has been produced for Scotland.
For further details see: http://www.bia.homeoffice.gov.uk/aboutus/workingwithus/indbodies/mac/mac-review-process/
It is unlawful to employ someone who is not entitled to work in the UK:
These two offences relate to employment "under a contract of service or apprenticeship, whether express or implied and whether oral or written".
These changes, if implemented, would be the most significant change to UK immigration policy in over 50 years. The government has therefore asked the Migration Advisory Committee (MAC) to advise on these changes, with a deadline of the end of July for the MAC to publish its report on the first two issues.Based in Holborn we serve clients in the West End, City, Covent Garden as well as other areas of London, the UK and internationally.
This paper is designed to provide a summary of the issues addressed. Therefore, it is not intended as a detailed commentary on the relevant law and any comments made should not be acted upon without first taking specific legal advice.