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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

27Oct

FAIRE: Legal career insights for school and university students hosted by Browne Jacobson and Young Professionals UK Online

We are proud to be partnering with Young Professionals again for our second virtual FAIRE virtual legal careers event on 27 October 21.

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2Nov

Provider collaboratives and place based partnerships Online

As executives across the health and social care sector get to grips with how to work together in even more integrated ways, join Browne Jacobson and thevaluecircle for two webinars hosted by Sir Neil MacKay, to discuss and debate your most pressing issues in a safe space.

View event

Focus on...

Provider collaboratives and place based partnerships - 12 October

As executives across the health and social care sector get to grips with how to work together in even more integrated ways, join Browne Jacobson and thevaluecircle for two webinars hosted by Sir Neil MacKay, to discuss and debate your most pressing issues in a safe space.

View

Legal updates

Contract termination in Covid-19 times

The ‘new normal’ has brought with it a variety of different challenges and it has had an impact on nearly all facets of our lives, including the termination of contracts during these Covid-19 times.

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Legal updates

Recovering monies from an individual? Don’t forget about the Pre-Action Protocol for Debt Claims

The PAPDC does not apply to business to business debt only if the debtor is a sole trader. Much more information is required under the PAPDC within a letter of claim and debtors should be given more time to respond along with an opportunity to make payment proposals throughout the pre-action process.

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Keeping Children Safe in Education 2021

The Keeping Children Safe in Education 2021 guidance includes a number of updates, the most significant of which is the creation of Section Two of Part Five. This introduces the concept of low-level concerns raised about staff, supply staff, volunteers and contractors.

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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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