Immigration – Changes To The Points Based System – Two Tier

As the Points Based System of Immigration beds in, the UK Border Agency (UKBA) has announced a number of changes and revised its guidance for employers and education providers who sponsor migrant workers and students.

Tier 2 – Skilled Migrants (General) – is the route which enables UK employers to employ nationals from outside the resident workforce to fill a particular job that cannot be filled by a settled worker.

Before issuing a certificate of sponsorship, one of the requirements for employers is to ensure that the vacancy filling process complies with the ‘resident labour market test’. To this end, since 31 March 2009, all jobs advertised under this Tier must be advertised to settled workers with the Government agency Jobcentre Plus. For detailed information on how to fulfil the requirements of the resident labour market test, please click here.

In response to concerns from employers, the UKBA has recognised that Jobcentre Plus is not a suitable agency with which to advertise very senior roles so has altered the rules so that employers no longer have to advertise a vacancy with Jobcentre Plus where the job falls under Standard Occupational Classification SOC 1112 – which covers a chief executive (major organisation), a company director (major organisation), a director (major organisation), a general manager (major organisation), a managing director (major organisation) or a legal partner – and the salary package for the job is £130,000 or above or where there will be stock exchange disclosure requirements. All other resident labour market test requirements as set out in the particular code of practice must be met.

The exemption will not apply where the post carries a salary of over £130,000 but the job description is not consistent with the level of responsibility required for it to qualify for SOC 1112.

In addition, the requirement that a migrant’s salary must be paid in the UK has been removed.

The material contained in this article is provided for general purposes only and does not constitute legal or other professional advice. Appropriate legal advice should be sought for specific circumstances and before action is taken.

© , October 2009

Please contact:

Emmanuelle Ries

DD +44 (0)20 7553 9938

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