New rules to toughen business immigration
Wednesday, 19 August 2009 5:27 PM
By Ian Dunt
The government's advisory body on immigration is suggesting a toughening of the rules around businesses moving employees to the UK.
Some companies have complained that the new points based immigration system is unwieldy and impractical.
Immigration lawyers were scathing about the effect of the new rules on international businesses.
Edward Wanambwa specialist in immigration and employment at CM Murray LLP told politics.co.uk: "Earlier this month, the UK Border Agency issued, with a certain sense of self-appreciation, further changes to the points-based immigration system. These changes go beyond the scope of the almost weekly changes that immigration lawyers are now getting used to.
"The latest changes are likely to increase the sense of frustration felt by many companies that have an international workforce in the UK. Many of these companies were already facing an uphill struggle in getting to grips with the new immigration regime.
But Professor David Metcalf, chair of the migration advisory committee, used his report today to suggest tougher rules on companies and more resources to enforce existing regulations around employee transfers.
The committee ruled out scrapping the road to employee transfers, part of the second tier of points based system, saying doing so would involve "shooting ourselves in the foot" when it comes to attracting corporate investment.
But Prof Metcalf voiced concern at anecdotal evidence that some companies are undercutting local workers while operating within the rules of the new system, usually through the use of third-party contracting.
Currently employees have to work with their company for six months until they qualify for intra-company transfer. The committee suggested this be expanded to one year.
Prof Metcalf suggested that residence in the UK on an intra-company transfer should not result in qualification for permanent residency, as it does at present.
He also called on the government to increase transparency and resources around enforcement to ensure British workers are not being "undercut or displaced".
The committee also suggested toughening up the points system when it came to the level of income immigrants expected to be paid once in the UK.
"Our advice to the government is that the labour market could be helped by requiring higher standards from skilled workers outside of the EU before we allow them to work in the UK," Prof Metcalf said.
The committee called for workers outside of the EU to earn £20,000 and workers without qualifications to earn at least £32,000.
It also called for Masters degrees to be given more weight, by adding another five points to an applicant's test score and for jobs to be advertised in the UK for four weeks, rather than the current two.
The government will now consider the proposals.
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