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Recruiting from abroad

7 February 2008

Issues relating to immigration and recruitment from abroad are in the process of undergoing an overhaul. There are currently more than 80 different routes by which non-EEA nationals can come to the UK to work, study or train. In the majority of cases, work permits are issued to a specific UK employer for a named individual to do a specific job.

Following a consultation process last year, the Government has confirmed that a new points based system, similar to that operating in Australia, will begin to be implemented in the UK from 29 February 2008.

The new points based system will consolidate the existing work and study application routes into five tiers. Points will be awarded to reflect aptitude, experience, age and also the level of need in any given sector. In due course financial securities may be required for specific categories, where there has been evidence of abuse, to ensure that migrants return home at the end of their stay.

The new points based system, will allow migrants to come to the UK under one of five tiers:

  • Tier 1 - caters for highly skilled migrants such as scientists and entrepreneurs. This is the first tier to be rolled out - any highly skilled foreign nationals currently working in the UK who want to extend their stay will have to apply under this tier of the new system
  • Tier 2 - targeting skilled workers with a job offer to fill gaps in the UK labour market (e.g. nurses, teachers, engineers) is expected to be introduced in the third quarter of 2008
  • Tier 3 - for low skilled workers filling specific temporary labour shortages (e.g. construction workers for a particular project); numbers will be limited in this tier
  • Tier 4 - for students. This is expected to be introduced at the beginning of 2009
  • Tier 5 - for youth mobility and temporary workers (e.g. working holidaymakers or musicians coming to play a concert) and is also expected to be introduced in the third quarter of 2008

Tiers 3 and 5 are temporary routes and people in them will not be able to switch out of them once they are in the UK.

Those in tiers 1, 2 and 4 will be eligible to switch between these tiers subject to meeting the requirements of the tier they wish to switch to.

Tiers 1 and 2 can potentially lead to settlement if settlement requirements are met at the time of that application.

Training and events

19May

HR Update: Practice and Law in Education - London Millennium Gloucester, London

This one day conference will give you the chance to network with HR and people managers from educational settings across the country, sharpening your expertise and practice.

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24May

Part 2: LPS - it's out - what do you need to know? ON24 webinar

The much anticipated draft Mental Capacity Act Code of Practice and Regulations, including the Liberty Protection Safeguards (“LPS”), has arrived, and following on from our popular session on 12 April, you are invited to join us for two further webinars on 24 May and 23 June.

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Focus on...

Press releases

Browne Jacobson successfully appeal personal injury claim against Fulham Football Club

Browne Jacobson LLP, acting for Fulham Football Club, have succeeded on appeal in overturning an earlier court ruling that the club was liable for a sliding tackle made by one of its former under 18 players, Jayden Harris, in the course of a competitive match.

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Press releases

Browne Jacobson dealmakers advise shareholders on the sale of automotive glass distributor Charles Pugh to international sustainable car care group

Browne Jacobson’s corporate dealmakers have advised the shareholders on the sale of UK market leading automotive glass specialists, Charles Pugh Holdings to Swedish listed company, Cary Group for an undisclosed sum.

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Grievances, complaints and whistleblowing. Managing the impact of difficult behaviour

In the first of our two-part webinar series on ‘managing the impact of difficult employee behaviour’ regulatory and employment experts Ros Foster and James Tait look at what is, and what isn’t, whistleblowing in the context of grievance and complaints procedures.

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Legal updates

Fulham Football Club v Jordan Levi Jones

Browne Jacobson LLP, acting for Fulham Football Club, have succeeded on Appeal in overturning the first instance judgment of Recorder Craven that held the Club was liable for a sliding tackle made by one of its players in the course of a competitive match.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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