Flint Bishop

West Midlands business to lose out under changes to immigration laws

Pictured above: Marian Dixon

 

West Midlands businesses could be the ones to lose out under the changes to the recruitment of skilled non-EU workers, according to a Midland immigration expert.

Under the new system, published on Wednesday, the Government hopes to cut the overall non-EU immigration limit drastically to 20,700 annual visas.

Coming into effect on 6 April, this annual limit will be broken down into 12 monthly allocations with a total of 4,200 available for the first month with 1,500 each month thereafter.

However, Marian Dixon, partner and head of business immigration at Wright Hassall Solicitors, feels that, although generally fair, the system will throw up a number of anomalies which will affect the ability of businesses in the Midlands and the North, to recruit the people they need.

She said: "The procedures that have been outlined are largely what we were expecting but while the system appears to be fair and relatively transparent there are a number of areas open to debate and complication, not least because only those earning over £40,000 will be able to stay for more than a year and those working in scientific research and development will be given priority over other areas.

"For example, there appears to be no allowance for regional pay rates, so those working in the London and South East region may stand a higher chance of a successful application as their pay rates are generally higher there than they are for instance in the West Midlands. Likewise, people working in sectors that are traditionally less well paid, such as the charity sector, may also suffer.

"Also, after the first month, the allocation stands at just 1,500 per month and does not take into account the potential surge in applications during the summer months when many firms tend to recruit their graduates.

"One area where the system may be open to abuse is when employers apply for unrestricted visas (which are open, for instance, to workers earning £150,000 or more a year and to intra-company transfers) for staff who are only eligible for a restricted visa. 

"However, UKBA has stated that they will consider removing an employer's sponsorship licence if they spot this abuse occurring.  

"Therefore while the cap seems relatively straightforward, for many employers that are traditionally reliant on recruiting skilled non-EU workers, it may not be a comprehensive enough system to remain in place for the next four years, as proposed."

For more information about Wright Hassall, please visit their website here: www.wrighthassall.co.uk

 

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Article published by Midlands Business News on 21 February, 2011

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