Legal Ease

To employ skilled workers from outside the EEA in a permanent or long-term job, the employer must first obtain a sponsor licence under Tier 2 of the points-based system. Tier 2 rules came into force just over a year ago, replacing the work permit, for those employers wishing to employ migrant workers.

The UK Border Agency has recently announced further amendments to the rules governing the advertising of jobs under the Tier 2 to protect jobs for the resident (British and European) labour market.

Generally, before an employer can assign a certificate of sponsorship to a migrant worker they must comply with the “resident labour market test”. Under the current Tier 2 rules, employers must advertise positions with Jobcentre Plus and comply with one other recruitment method set out in the UKBA Code of Practice relevant to the job.

FROM 14 DECEMBER 2009 employers will have to advertise all positions for a minimum total period of four weeks (using both Jobcentre Plus and another qualifying method), irrespective of salary, before being able to recruit a migrant worker. Even if a suitable migrant worker is identified early on in the recruitment process, employers still need to complete the four-week advertising period in order to give resident workers the chance to apply.

However, the new advertising rules do not require employers to run campaigns for four continuous weeks. Employers can advertise skilled jobs for shorter periods initially, for example for two weeks. This ensures that where resident workers are available, they can quickly be recruited to skilled jobs. Where there are no suitable resident workers available, the resident labour market must be tested for a further two weeks, making four weeks in total, before employers can appoint a migrant worker. The changes form part of a wider programme of proposed amendments by the UKBA (including increasing the service requirements for intra-company transferees) due for implementation in early 2010. Employers need to monitor the immigration legal landscape closely to ensure they are fully prepared.

Government do a U-turn on scrapping childcard vouchers

Following widespread outrage Gordon Brown confirmed the Governments proposal to remove childcare vouchers has been dropped.
Rather than removing the scheme altogether, tax relief will be applied to all childcare vouchers at the standard 20 per cent rate of income tax from 2011, with the higher band of tax relief, for parents earning over £43,000 removed.