How to recruit from outside the European Economic Area
5th December 2008, 12:19pm
Jeremy Oppenheim, UK Border Agency Regional Director with national responsibility for Points Based System and Foreign National ID cards, explains how the Points Based System and ID Cards for Foreign Nationals will impact employers – and how employers can ready themselves.
On the 25th and 27th November respectively ID Cards for Foreign Nationals and tiers 2 and 5 of the Points Based System (PBS), for skilled and temporary workers, went live.
These changes represent part of the biggest shake-up in immigration for 45 years. Employers across the country looking to employ those from outside the European Economic Area will certainly notice the changes, whether it is in terms of pre- employment checks, or sponsoring a skilled migrant to come to the UK and work.
The Points Based System
The PBS replaces the 80 plus current routes to enter the UK with a new 5-tier system for immigration.
The new Australian-style system is intended to help British business recruit the skills it needs from abroad as well as providing assurance to the British public that only the skilled migrants we need will be able to come to the UK.
The new system brings new responsibilities for those who wish to employ migrant workers.
A business must get a sponsor licence from the UK Border Agency before it can bring foreign workers from outside the European Economic Area (EEA) into the UK to work.
As a condition of keeping the licence, sponsors will need to alert UKBA if migrants do not comply with their immigration conditions – for example if they disappear or do not turn up for their job or course.
Any sponsor that does not comply with this requirement will risk losing its licence.
However, once a company registers and is accepted as a sponsor, the new system will provide a great deal of flexibility for employers.
From the planning stages we have engaged with potential users to ensure the new system works for everyone.
We are now undertaking a wide-ranging and comprehensive campaign to reach out to employers, to raise awareness of the coming changes and to ensure that our guidance and the support we provide is business friendly.
We want to continue an open dialogue with employers and their representatives about how we can work together to make these changes a success.
The catering and hospitality industries
The catering and hospitality industries are a very important part of our economy.
If there are shortages we should be concentrating on helping people who are in this country to train for the industry. However, not all the immediate needs of our economy can be met by developing our skills base. Migration can play a role here.
Skilled migrants fill crucial skills gaps in our economy and our public services. Tier 2 of the new Points Based System (PBS) allows employers to bring skilled migrants to the UK where they have been unable to fill a vacancy from within the domestic labour market or the vacancy is in an occupation with an identified skills shortage.
In relation to low skilled work, the Government believes we should look to recruit and train workers from the resident UK and European Union labour market. Tier 3, for low-skilled migrant workers from outside the EEA, is therefore suspended.
The Migration Advisory Committee (MAC) recently published its report, including its recommended shortage occupation lists for the UK and Scotland.
The MAC included skilled chefs on its recommended list, setting a benchmark for this purpose as earning at least £8.10 per hour or qualified to at least National Qualifications Framework (NQF) level 3 in Scotland and Wales.
The Government has now considered the recommendations of the MAC and, having accepted their recommendation on skilled chefs, published the shortage occupation list.
We have recently published the details of our transitional arrangements to help those currently in the UK with work permits.
Migrants who have already been admitted under the previous work permit arrangements will be given the opportunity to seek an extension under Tier 2 to reach the necessary period for settlement (currently 5 years) without being subject to the full Tier 2 attributes test. They will however need a licensed sponsor.
Further Information
For further information, please call the PBS Employer Helpline, 0845 010 6677.
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