Wednesday 7th July 2010

Coalition takes a stance on Immigration (and equality)

The coalition government has set a tone for their stance on immigration by introducing plans to limit the number of people coming from outside the EU to work. This takes shape as an interim measure, effective from 19th July 2010, which is currently open to consultation from employers around the UK. Feedback will be reviewed and a final cap or measure will take affect from 1st April 2011.

Practical Implications

If you are an employer which recruits individuals through the Tier 1 or Tier 2 routes, you may be affected by this. In practical terms this means:

• Highly skilled (non-EU) workers applying for a Tier 1 work visa with a UK company now need to score additional 5 points, in total 100 points, as a requirement for a Tier 1 work visa. The categories for awarding points remain as age, qualifications, previous earnings, UK experience, English language and maintenance funds. The Tier 1 routes for investors, entrepreneurs and the post-study route are not affected.

• There is now a limit on the number of certificates of sponsorship that licensed employers can issue to skilled workers from outside the EU, where no suitable UK/EU candidate can be found. This will, in turn, limit the number of individuals gaining a visa through the Tier 2 route, whereby they obtain a certificate of sponsorship from a UK employer offering them a job. The Tier 2 routes for intra-company transfers, ministers of religion, and elite sportspeople are not affected.

Clash with Equality?

• These changes come at a time where there is high unemployment for graduates, there is a call for an increase in apprentice skills in the UK and overall the UK economy faces tough times recovering a massive deficit. Therefore, do these interim measures send a positive message to UK economy? Possibly.

• An area which notoriously has conflicted with the border agency is the new Equality Act due to implemented in October. This suggests that positive discrimination can be used and that employers must not discriminate if an applicant does require a visa. Therefore, does this put UK employers in an untenable situation? The lines do need to be clear here, so the government is sending a clear and consistent message to all UK businesses.