New rules for non EU workers outlined

9th September 2008 The Migration Advisory Committee has produced a list of the types of jobs which are subject to shortages, and therefore should be open to migrant, foreign workers from outside the EU. The system already applies to highly skilled jobs, which used to be known as the “Highly Skilled Workers” program. This latest list extends the remit of the points system to other skilled jobs.
It should be noted that this coincides with a public information campaign from the Government to make employers aware of the new points system that applies to workers wishing to come to work in the UK from outside the EU.  The purpose of the points scheme is to tailor the immigration to the needs of UK businesses.
 The Government aims to cut the number of workers coming to the UK from outside the EU. The Government has said that it will study the list, before it is expected to publish the final version towards the end of October 2008, or thereabouts, with new rules coming into force at the end of November. However, the Government minister responsible for this area, Tony McNulty, has indicated that he believes that the list “seems broadly right”.
Employers should note that workers from the EU, apart from Romania and Bulgaria, are entitled to work in the UK without restrictions (subject to the Workers Registration Scheme requirements). 
The list refers to “skilled” jobs that are the subject of a shortage of workers.
The Migration Advisory Committee has said that there are essentially three stages to consider:-
1. The job has to be skilled,
2. There has to be a shortage of workers in that type of work, and
3. It is necessary that a migrant, foreign (non-EU) worker has to come to the UK to do the job in question.
The term “skilled” worker in this context is to mean those holding a qualification equivalent to two “A”-levels or NVQ Level 3. They also have to have a good grasp of English, and a job offer, and enough money to support themselves until they receive their first pay from the job.
Jobs in the list include consultants and specialist nurses, some engineering jobs, maths and English teachers, and vets. Other occupations are subject to specific conditions. For example only care workers earning at least £8.80 per hour will be allowed to come into the UK from later this year. Frankly this is a level of pay that few care homes could afford, so the practical implications may be worrying for those homes that have needed significant numbers of foreign workers to do these jobs, particularly in light of the growing number of the elderly that need places in care homes.  Skilled chefs will only be allowed to come to the UK from outside the EU provided that the employer pays them at least £8.10 per hour.
The Migration Advisory Committee has stated that the list is not set in stone, and will be reviewed every two years.
It looks like the subject of migrant and foreign workers, and the views on the number of them necessary to the UK economy will remain topical for a number of years, but these changes will certainly have an impact on the trades and professions that have needed foreign workers to meet their needs.

If you need any specific advice on the issues raised in this article then please contact us.