Changes to employing workers from outside the EU
28 February 2009
Whilst many companies are still reeling from the effects of downsizing and will not be considering recruiting for a long while, there are companies that are recruiting and throwing the net for good talent further a field than the UK.
However, the Government had declared a new policy to respond to the current economic circumstances and to back up its statement about “British jobs for British workers”.
Therefore to ensure that British and EU workers receive priority for any job vacancies available in the UK, as from 1 April employers will not be eligible to hire migrant workers from non-EU countries unless the role has already been advertised through JobCentre Plus for a minimum of 2 weeks. After this time the employer will receive a letter confirming their advert and allowing them to apply for certificates of sponsorship with the UK Borders Agency, enabling them to hire non-EU employees.
Previously employers were required to advertise positions in the UK for up to 2 weeks before advertising overseas. Because there was no particular requirement to advertise in a particular place, many employers placed adverts in obscure trade journals or other place knowing that few UK jobseekers will see them.
The particular skilled jobs that will now need to be advertised with JobCentre Plus include construction, nursing, teaching and hotel management.
Companies that break this new rule could have their licence to employ non-EU migrants revoked and be fined up to £10,000 for each illegal employee on their staff.
Additionally, the Government has unveiled plans to reduce the amount of highly skilled migrants by changing the rules on the 2 tier system. The change is to Tier 1 in that an applicant now must have a master’s degree and be on a salary of £20,000 a year or more.
Our advice is that this also goes hand in hand with the changes to the Asylum and Immigration checks that became effective from February 2008.
For our article on this please click here or contact the Team at HR Solutions to see how we can help you manage your recruitment needs and employment checks.