Changes to immigration law move the goalposts for UK employers

News Article - 04 May 2011
Category: Regulatory

The UK Government's recent introduction of a cap on non-EEA nationals who can enter Britain each year has moved the goalposts for the nation's employers.

The changes to immigration law are aimed at encouraging investors and entrepreneurs to do their business in the UK, ensuring UK nationals are not overlooked in their efforts to find employment behind overseas nationals.

This latest cap will primarily affect overseas residents, particularly as the majority of non-EEA nationals already in the UK will be exempt from the new ruling.

Employers will be able to issue work to non-EEA nationals on the premise that those occupational positions where there is a shortage are filled first, with highly qualified overseas residents benefitting most.

The Government will place sanctions on employers to ensure their workers have the ability to work in the UK with checks likely to be required on an annual basis.

Perhaps the most encouraging aspect of the Government's amendments to immigration law is the potential for non-EEA nationals to qualify for settlement in the UK after just two or three years rather than the current five-year period.

However, this will be dependent on their employers meeting turnover, investment and recruitment targets to facilitate business growth.

Students' access to the UK has also been targeted for review by the Government with a series of changes implemented designed to limit the types of study that can be undertaken by overseas students.

Education providers are now also responsible for making sure their students are compliant with the latest immigration rules and are duty-bound to report default, including student non-attendance.

Gavin Jones, head of immigration at law firm Blake Lapthorn, said: "The Government's next target will be to focus on employers who are not complying with their obligations. This is making life much tougher on employers who have to keep up-to-date with the changes."

Article keywords: Immigration law, business investment, human resources, HR, EEA regulations, Gavin Jones, Blake Lapthorn

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