Employment Law Update (Sept 2008)

New migrant worker rules proposed

As part of the introduction of the new points-based system for migrant workers, the body set up by the government to make recommendations on areas of skills shortage, has published its draft proposals. The proposals are expected to reduce the number of jobs open to non-EU migrants by 30% and should come into force in November.

Background

The Home Office is replacing the previous work permit system for non-EU migrant workers with a "points-based" system. The system only applies to non-EU migrants – workers from the EU countries are generally free to work in the U.K. with minimal formalities, although tighter rules apply to those from Romania and Bulgaria.

Potential migrants are divided into five tiers. Tier 2 is the section of most interest to employers, as it covers skilled workers where there may be gaps in the U.K. labour force. A body called the Migration Advisory Committee (MAC) has been set up by the Home Office to advise on what areas of work would qualify to be in that category.

What has been proposed

The MAC has proposed that, to come within Tier 2, the following conditions must apply:

• the job must be skilled;
• there must be a shortage of labour in that occupation; and
• it must be sensible to use migrant labour to fill that shortage.

The MAC has now produced a draft list of occupations which it believes meet these criteria throughout the U.K., with an additional list for Scotland. These lists are available to view at

http://www.ukba.homeoffice.gov.uk/aboutus/workingwithus/indbodies/mac/macfirstshortagelist/

The Home Office will consider the proposals and draw up final versions of the lists by November.