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By Olivia - Monday, January 11th, 2010
Any skilled migrant workers looking to renew visas are now required to apply for a compulsory identity card. This scheme was originally introduced for students renewing visas and people seeking to renew marriage visas but has now been rolled out to skilled foreign workers. Individuals will have the option of providing fingerprints and photographs at a participating post office (£8) or at a Passport Office (free).
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By Olivia - Monday, November 16th, 2009
It’s just over a week until the Immigration (Restrictions on Employment) (Amendment) Order 2009 becomes effective. The main implication of this is the adding of ID Cards to the list of documents that an employer can check when verifying a potential recruit’s right to work in the UK. This will be another document that must not only be viewed but copied and retained - in the case of ID cards, both sides! Am sure that Baroness Scotland will be taking note !
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By Liam - Friday, August 28th, 2009
As reported here, some of England’s biggest household names have been found to be employing employees who do not have the right to work in the country. The maximum fine for doing so is £10k per illegal employee if the employer can not obtain the benefit of the defence that they carried out the necessary pre-employment right to work checks. One car wash chain has been found to be employing 20 illegal immigrants……..20 x £10k….ouch!
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By Emma - Thursday, April 30th, 2009
According to Personnel Today a survey conducted by the British Chambers of Commerce has found that only 1 in 4 employers advertise their vacancies with Job Centre Plus. This is quite interesting if you consider recent changes to the rules for sponsoring migrant workers under Tier 2 of the Points Based System which require employers to advertise jobs to resident workers using Job Centre Plus (and using one other relevant method) before issuing a certificate of sponsorship. I wonder if this will mean that Job Centre Plus starts being used more…
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By Emma - Wednesday, April 15th, 2009
The Worker Registration Scheme currently in place for Eastern European nationals is here to stay for now according to a decision announced by the Border and Immigration Minister last week. This means that if you employ nationals from the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia or Slovenia for more than a month you should continue to ensure you are authorised to do so.
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By Emma - Thursday, March 19th, 2009
We reported here recently that there were more changes afoot to the Point Based System. They are coming in from 31 March 2009. Most importantly, if you recruit migrant workers under Tier 2, you will need to advertise jobs through Job Centre Plus and using one other permitted method to meet the resident labour market test.
See here for more details of all the changes.
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By Emma - Thursday, March 5th, 2009
The Home Secretary has recently announced that she is looking at tightening the rules allowing migrant workers to work in the UK in the light of the economic climate. Amongst other things she is considering requiring all vacancies to be advertised through Job Centre Plus before a migrant worker can fill a post under tier 2 and raising the qualifications and salary required for tier 1 highly skilled migrants to come to the UK. She has also asked the independent Migration Advisory Committee to consider the case for restricting tier 2 applications shortage occupations only and to assess the contribution made by dependants of people here under the Points Based System as well as to consider other changes to the tier 1 criteria for 2010/11 given the changing economic circumstances.
For more information see here.
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By Nicky - Tuesday, February 10th, 2009
In the recent case of Osbourne Clarke Services and Mr A Purohit the EAT upheld the Tribunal’s decision that refusing to consider applications from non-EEA nationals amounted to indirect race discrimination.
This case concerned an individual of Indian origin who had a 1st degree and a 2.1 degree who had applied for a solicitor training contract with Osbourne Clarke Services (OCS). His application was not considered as OCS had a policy not to consider applications for training contracts where individuals required permission from the Border and Immigration Agency to work in the UK, i.e. required a permit to work. This directly affected non-EEA nationals who required work permits to work in the UK.
As the OCS were unable to justify their policy the EAT held that it amounted to indirect race discrimination.
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By Emma - Tuesday, January 13th, 2009
It will probably not have escaped your notice that following investigations by the BBC and the Observer newspaper it has been alleged that a Primark knitwear supplier, TNS Knitwear, based in Manchester employs illegal migrant workers and pays them £3 per hour for working up to 12 hours per day, 7 days a week. For more see here.
Oh dear. This is problematic on a number of counts if proved. Employing migrant workers is a minefield and employers face civil and criminal sanctions, including hefty fines, if they employ migrant workers unlawfully. Then there’s the minimum wage to consider - £3 per hour is almost half the current rate of £5.73 for workers aged 22 and above. And then there’s the small issue of working an 84 hour week. Wonder if they’ve been asked to sign an opt out from the Working Time Regulations…
Don’t forget we can advise you if you have any queries about employing migrant workers, or, of course, the minimum wage or Working Time Regulations.
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By Emma - Thursday, November 20th, 2008
In the current gloomy economic climate it might surprise you that there are any skill shortages remaining but there are. Last week the UK Border Agency published the final list of shortage occupations for Tier 2 of the Points Based System (PBS). The list and background guidance can be found here. We reported previously on the recommendations which are much the same as the final list with the inclusion of social workers.
Historically the work permit scheme has had a shortage occupation list and employers have been able to make work permit applications without showing that the resident labour market has been tested (usually by advertising) for migrant workers filling posts named on the shortage occupation list. The list for Tier 2 will operate in similar way but the list is tighter and, according to the Immigration Minister will result in a reduction of 200,000 shortage jobs for migrant workers.
Shortage occupations include, in addition to social workers, secondary school science and maths teachers, various specialisms of doctors and nurses and, wait for it, sheep shearers. So if you’re considering retraining there’s a thought…
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