04 summer 09 INSiGHT from Smith Stone Walters 05 summer 09 INSiGHT from Smith Stone Walters

UK: USA:

FOCUS
Smith Stone Walters Ltd Smith Stone Walters
Title House 111 John Street
Within each of our quarterly 33-39 Elmfield Road Suite 800
newsletters, Smith Stone Walters
highlights a particular area of UK immigration law to provide
Bromley Kent BR1 1LT New York, NY, 10038
summer 09

INSiGHT
Tel: +44 (20) 8461 6660 Tel: +1 646 378 4407
clients with a clear and concise account of the key issues. Fax: +44 (20) 8461 6661 Fax: +1 646 378 4409
We trust this section will prove to be both informative and of Email: info@ Email: usa@
interest to you. Our focus for this quarter falls upon... smithstonewalters.com smithstonewalters.com

The government tightening of the resident Immigration News & Views from Smith Stone Walters

labour market test.

WHAT IS THE RESIDENT date of fourteen calendar days are paid at least the appropriate IN THIS ISSUE
LABOUR MARKET TEST? from the date the advertisement rate for the job, as shown in the
USEFUL INFORMATION

This test prevents employers from
automatically offering skilled jobs
to overseas workers, unless workers
first appeared. If the salary for the
vacancy is over £40,000, it must be
advertised with a minimum closing
date of seven calendar days from
EDITORIAL:
code of practice. Therefore, under 01 Employment based immigration
the requirements of the resident – is there a case for further
labour market test, all jobs must be restrictions?
advertised at or above the appropriate LATEST NEWS:
02

New course set

in the United Kingdom have had
a chance to apply for them first.
Employers seeking to recruit a migrant
from outside the settled workforce for
a skilled job must therefore complete
the date the advertisement first rate of pay for that job, to ensure that Youth Mobility Scheme
appeared. there has been a genuine attempt to MAC publishes revised shortage
occupations list
fill the vacancy with a resident worker.
Residency changes introduced
03
WHAT INFORMATION
Migrants, when taken on, must be
paid at least the rate advertised.
for the following judicial review

TOUGH NEW RULES TARGET BOGUS COLLEGES a resident labour market test, and MUST BE INCLUDED IN THE 04
USEFUL INFORMATION:

A strict new system to crack down on bogus colleges and fraudulent applications from foreign
students has so far screened out almost a quarter of the applications for independent schools,
show that no suitably qualified
settled worker can fill the job.
ADVERTISEMENT?
The advertisement must include:
Skilled Worker 05
Tough new rules target bogus
colleges
FOCUS ON:
colleges and universities, the Government has revealed. the job title category Government tightening of the
resident labour market test.
Institutions have to register with the UK Border Agency before they are allowed to sponsor WHAT CHANGES HAVE the main duties and
international students, under the student tier (Tier 4) of the points-based system. BEEN INTRODUCED? responsibilities of the job (the
job description)
So far, more than 2,100 universities, independent schools and colleges have applied for permission The major change for employers is a
strengthening of the resident labour the location of the job
to accept international students. Already around 460 institutions that do not reach a sufficient
standard have been rejected. market test, which ensures that skilled an indication of the salary
jobs are advertised within the United package or range, and the terms
Kingdom before they can be offered to on offer
migrant workers. An employer cannot the skills, qualifications and
now sponsor a migrant to do a job experience needed
US OFFICE OF SMITH under Tier 2 (General) unless the job
has been:
the closing date for

STONE WALTERS – advertised to settled workers in

applications.

ALREADY A HUGE Jobcentre Plus, and

APPROPRIATE SALARY RATE

a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters
This publication is not meant to be used as a substitute for proper professional advice based on the facts of
SUCCESS!
advertised using one other
method permitted by the
Under the provisions of the Tier 2 WHERE CAN I GET
relevant code of practice.
scheme, all migrants must be paid
FURTHER ADVICE

Limited accepts no liability for any action taken based on the contents of this publication.
Congratulations go to the staff within our an appropriate salary rate, to ensure
New York office who recently managed their that the domestic labour market is not ON MEETING THE
100th successful UK bound visa application
HOW LONG MUST AN
undercut. TIER 2 ADVERTISING
via the British Consulates in the US. Since
its inception in November 2008, our US ADVERTISEMENT RUN FOR?
Sponsors can assess the appropriate
rate by using the information in
REQUIREMENTS?
office has gone from strength to strength the published codes of practice or
If the salary for the vacancy is Smith Stone Walters routinely
in offering local support to migrant workers speaking to their Smith Stone Walters
£40,000 or under, it must be supports all clients in ensuring
seeking entry to the UK. This vital service Advisor. It is essential that migrants
advertised with a minimum closing they satisfy the strict advertising
provision will continue to play a key part in
maintaining Smith Stone Walters’ position requirements and meet their
as the premier UK corporate immigration responsibilities in retaining the
provider. necessary evidence from any such
campaign.
For further advice on how Smith
Stone Walters can provide specific
support in this area, contact your
Advisor today.

INSIGHT_summer_09_final_aw.indd 1 1/6/09 01:09:56

 01 summer 09 INSiGHT from Smith Stone Walters
EMPLOYMENT BASED IMMIGRATION – IS THERE A
CASE FOR FURTHER RESTRICTIONS?
Following the introduction of the Points Based System (PBS), the Government’s fine-tuning of the
scheme continues at full speed. Modifications are set to continue, as the Home Secretary now asks
the Migration Advisory Committee (MAC) to provide independent evidence-based responses to a
number of questions. These questions relate to the current system and its effect on the country’s
resident labour market in the current economic climate. Under the spotlight is one key question,
which could lead to a huge change in the ability of UK organisations to sponsor migrant staff for
employment purposes:
Is there an economic case for restricting Tier 2 to a small
list of shortage occupations (such as medical practitioners,
nurses and veterinarians) only?
Scheme suspension looming?
EDITORIAL
The main purpose of Tier 2 is to provide a route
through which nationals from outside the
EEA can fill vacancies that cannot be filled by
British or EEA workers. The MAC is therefore
tasked with assessing the potential impact on
the UK economy and labour market caused
by suspending this route until further notice.
They will also be considering whether there
is any evidence of displacement of domestic
workers, and whether workers gaining entry
through the Inter company transfer route (ICT)
do genuinely fill roles that require a current
company employee.
Inter Company Transfers (ICT)
A high proportion of internationally based
organisations rely heavily on their ability
to transfer existing staff to the United
Kingdom via the existing ICT route. Currently,
the scheme allows internationally based
companies to transfer certain staff to the
United Kingdom, allowing these staff to work
on temporary assignments or fill permanent
placements within the company’s UK offices.
This enables international staff to share and
transfer operational knowledge, while also
allowing staff to benefit personally from
career development through placement in the
UK, and is a fundamental tool within many
INSIGHT_summer_09_final_aw.indd 2
02
LATEST NEWS
global corporations. The detrimental effect
on business continuity from a block being
placed on staff mobility and the transfer of
skills within a global corporation cannot be
underestimated.
Call for evidence
We therefore strongly encourage all clients
(especially those reliant on transfer of staff to
the UK via the existing ICT provision) to lobby
the MAC, and thus ensure their interests are
adequately represented. Smith Stone Walters
shall be forwarding its own response in support
of the retention of the ICT provision before
the 11th June 2009 deadline. However, if you
would like to find out more on how to file your
own response, please contact Smith Stone
Walters today.
summer 09 INSiGHT from Smith Stone Walters 03 summer 09 INSiGHT from Smith Stone Walters
YOUTH MOBILITY SCHEME - JAPANESE NATIONALS RESIDENCY CHANGES INTRODUCED FOLLOWING JUDICIAL REVIEW
The UK Border Agency has recently Prior to the 3rd April 2006, the continuous leave requirement for Indefinite
announced that they have now reached the
Leave to Remain (ILR) under the Highly Skilled Migrant Programme (HSMP) was
issuing level for Japanese nationals for the
period ending on the 31st December 2009, that migrants show that they had spent four years’ continuous residence in the
and (effective immediately) will no-longer be United Kingdom. Then, overnight, the Government chose to increase the four
accepting new applications for this year.
year qualifying period to five years.
Entry to the United Kingdom under the
This ill-conceived decision had a huge affect on existing HSMP holders. To many, it was therefore no surprise
youth mobility scheme’s points-based
when a successful judicial review was brought against the Home Secretary, on the basis that those who had
system operates using a quota system for
entered into the HSMP before the increased qualifying period for ILR was introduced should be eligible for ILR
participating countries, rotating annually.
after four years within the scheme.
Currently, the countries participating in the
scheme are Australia, Canada, Japan and New In an embarrassing climb-down, the Secretary of State has therefore been forced into implementing the court’s
Zealand. decision by publishing a policy document that seeks to make amends.
Submissions from Japanese applicants may
be accepted starting from 1 January 2010. Qualifying migrants iii. Are coming up to having completed four years
The changes introduced cover those migrants who: continuous residence in the United Kingdom in
LATEST NEWS
a qualifying category
Received an HSMP approval letter issued on
the basis of an application made before 3 April iv. Those who applied for ILR after four years, were
refused, and either:
2006; and
Were granted Entry Clearance or Leave to won an appeal against the refusal decision and
MIGRATION ADVISORY COMMITTEE PUBLISHES ITS LATEST Remain (LtR) on the basis of that letter; and were then granted permission to stay.
RECOMMENDED SHORTAGE OCCUPATIONS LIST Fall into one of the following five categories: did not appeal the refusal decision or their
appeal was dismissed
The ‘Shortage Occupation List’ was established a number of years ago, to make it easier for migrant i. Have already settled in the United Kingdom
workers from outside the European Economic Area to fill those skilled roles that the Government under HSMP or Tier 1 (General) on the basis of v. Those who have completed four years
considers to be in short supply within the resident labour market. having completed five years continuous continuous residence in the United Kingdom
residence in a qualifying category in a qualifying category and have submitted an
application for Further Leave to Remain (FLR).
ii. Have completed four years continuous
To qualify for inclusion on residence in the United Kingdom in a qualifying
category
the list, the occupation
in question must be
sufficiently skilled, there Residency & refunds!
must be a shortage of Those migrants affected by this new policy
directive are therefore now entitled to apply
workers and it must be for UK residency after four years’ continuous
sensible to fill this shortage stay in this country. Furthermore, those
migrants that can show they were previously
with workers from outside required to make an extension application
the European Economic in order to complete five years continuous
residence will be allowed to apply for a one-
Area. off payment to cover the cost of the extension
application which would not otherwise have
been required. Provision has also been made
In response to the current economic climate, the Government has accepted recommendations made for certain affected migrants to qualify for
by the Migration Advisory Committee, which involve making key changes to the existing list. A new British citizenship application at an earlier
list will therefore be introduced on the 15th June, which is likely to see the omission of quantity time. For specific guidance on this new policy
surveyors and managers in construction. Some job titles in the healthcare profession are also announcement, please contact your Smith
expected to be added or removed. Curiously, orchestral musicians and contemporary dancers are Stone Walters Advisor.
deemed in short supply and thus will be added to the list.
1/6/09 01:10:17
 01 summer 09 INSiGHT from Smith Stone Walters
EMPLOYMENT BASED IMMIGRATION – IS THERE A
CASE FOR FURTHER RESTRICTIONS?
Following the introduction of the Points Based System (PBS), the Government’s fine-tuning of the
scheme continues at full speed. Modifications are set to continue, as the Home Secretary now asks
the Migration Advisory Committee (MAC) to provide independent evidence-based responses to a
number of questions. These questions relate to the current system and its effect on the country’s
resident labour market in the current economic climate. Under the spotlight is one key question,
which could lead to a huge change in the ability of UK organisations to sponsor migrant staff for
employment purposes:
Is there an economic case for restricting Tier 2 to a small
list of shortage occupations (such as medical practitioners,
nurses and veterinarians) only?
Scheme suspension looming?
EDITORIAL
The main purpose of Tier 2 is to provide a route
through which nationals from outside the
EEA can fill vacancies that cannot be filled by
British or EEA workers. The MAC is therefore
tasked with assessing the potential impact on
the UK economy and labour market caused
by suspending this route until further notice.
They will also be considering whether there
is any evidence of displacement of domestic
workers, and whether workers gaining entry
through the Inter company transfer route (ICT)
do genuinely fill roles that require a current
company employee.
Inter Company Transfers (ICT)
A high proportion of internationally based
organisations rely heavily on their ability
to transfer existing staff to the United
Kingdom via the existing ICT route. Currently,
the scheme allows internationally based
companies to transfer certain staff to the
United Kingdom, allowing these staff to work
on temporary assignments or fill permanent
placements within the company’s UK offices.
This enables international staff to share and
transfer operational knowledge, while also
allowing staff to benefit personally from
career development through placement in the
UK, and is a fundamental tool within many
INSIGHT_summer_09_final_aw.indd 2
02
LATEST NEWS
global corporations. The detrimental effect
on business continuity from a block being
placed on staff mobility and the transfer of
skills within a global corporation cannot be
underestimated.
Call for evidence
We therefore strongly encourage all clients
(especially those reliant on transfer of staff to
the UK via the existing ICT provision) to lobby
the MAC, and thus ensure their interests are
adequately represented. Smith Stone Walters
shall be forwarding its own response in support
of the retention of the ICT provision before
the 11th June 2009 deadline. However, if you
would like to find out more on how to file your
own response, please contact Smith Stone
Walters today.
summer 09 INSiGHT from Smith Stone Walters 03 summer 09 INSiGHT from Smith Stone Walters
YOUTH MOBILITY SCHEME - JAPANESE NATIONALS RESIDENCY CHANGES INTRODUCED FOLLOWING JUDICIAL REVIEW
The UK Border Agency has recently Prior to the 3rd April 2006, the continuous leave requirement for Indefinite
announced that they have now reached the
Leave to Remain (ILR) under the Highly Skilled Migrant Programme (HSMP) was
issuing level for Japanese nationals for the
period ending on the 31st December 2009, that migrants show that they had spent four years’ continuous residence in the
and (effective immediately) will no-longer be United Kingdom. Then, overnight, the Government chose to increase the four
accepting new applications for this year.
year qualifying period to five years.
Entry to the United Kingdom under the
This ill-conceived decision had a huge affect on existing HSMP holders. To many, it was therefore no surprise
youth mobility scheme’s points-based
when a successful judicial review was brought against the Home Secretary, on the basis that those who had
system operates using a quota system for
entered into the HSMP before the increased qualifying period for ILR was introduced should be eligible for ILR
participating countries, rotating annually.
after four years within the scheme.
Currently, the countries participating in the
scheme are Australia, Canada, Japan and New In an embarrassing climb-down, the Secretary of State has therefore been forced into implementing the court’s
Zealand. decision by publishing a policy document that seeks to make amends.
Submissions from Japanese applicants may
be accepted starting from 1 January 2010. Qualifying migrants iii. Are coming up to having completed four years
The changes introduced cover those migrants who: continuous residence in the United Kingdom in
LATEST NEWS
a qualifying category
Received an HSMP approval letter issued on
the basis of an application made before 3 April iv. Those who applied for ILR after four years, were
refused, and either:
2006; and
Were granted Entry Clearance or Leave to won an appeal against the refusal decision and
MIGRATION ADVISORY COMMITTEE PUBLISHES ITS LATEST Remain (LtR) on the basis of that letter; and were then granted permission to stay.
RECOMMENDED SHORTAGE OCCUPATIONS LIST Fall into one of the following five categories: did not appeal the refusal decision or their
appeal was dismissed
The ‘Shortage Occupation List’ was established a number of years ago, to make it easier for migrant i. Have already settled in the United Kingdom
workers from outside the European Economic Area to fill those skilled roles that the Government under HSMP or Tier 1 (General) on the basis of v. Those who have completed four years
considers to be in short supply within the resident labour market. having completed five years continuous continuous residence in the United Kingdom
residence in a qualifying category in a qualifying category and have submitted an
application for Further Leave to Remain (FLR).
ii. Have completed four years continuous
To qualify for inclusion on residence in the United Kingdom in a qualifying
category
the list, the occupation
in question must be
sufficiently skilled, there Residency & refunds!
must be a shortage of Those migrants affected by this new policy
directive are therefore now entitled to apply
workers and it must be for UK residency after four years’ continuous
sensible to fill this shortage stay in this country. Furthermore, those
migrants that can show they were previously
with workers from outside required to make an extension application
the European Economic in order to complete five years continuous
residence will be allowed to apply for a one-
Area. off payment to cover the cost of the extension
application which would not otherwise have
been required. Provision has also been made
In response to the current economic climate, the Government has accepted recommendations made for certain affected migrants to qualify for
by the Migration Advisory Committee, which involve making key changes to the existing list. A new British citizenship application at an earlier
list will therefore be introduced on the 15th June, which is likely to see the omission of quantity time. For specific guidance on this new policy
surveyors and managers in construction. Some job titles in the healthcare profession are also announcement, please contact your Smith
expected to be added or removed. Curiously, orchestral musicians and contemporary dancers are Stone Walters Advisor.
deemed in short supply and thus will be added to the list.
1/6/09 01:10:17
 01 summer 09 INSiGHT from Smith Stone Walters
EMPLOYMENT BASED IMMIGRATION – IS THERE A
CASE FOR FURTHER RESTRICTIONS?
Following the introduction of the Points Based System (PBS), the Government’s fine-tuning of the
scheme continues at full speed. Modifications are set to continue, as the Home Secretary now asks
the Migration Advisory Committee (MAC) to provide independent evidence-based responses to a
number of questions. These questions relate to the current system and its effect on the country’s
resident labour market in the current economic climate. Under the spotlight is one key question,
which could lead to a huge change in the ability of UK organisations to sponsor migrant staff for
employment purposes:
Is there an economic case for restricting Tier 2 to a small
list of shortage occupations (such as medical practitioners,
nurses and veterinarians) only?
Scheme suspension looming?
EDITORIAL
The main purpose of Tier 2 is to provide a route
through which nationals from outside the
EEA can fill vacancies that cannot be filled by
British or EEA workers. The MAC is therefore
tasked with assessing the potential impact on
the UK economy and labour market caused
by suspending this route until further notice.
They will also be considering whether there
is any evidence of displacement of domestic
workers, and whether workers gaining entry
through the Inter company transfer route (ICT)
do genuinely fill roles that require a current
company employee.
Inter Company Transfers (ICT)
A high proportion of internationally based
organisations rely heavily on their ability
to transfer existing staff to the United
Kingdom via the existing ICT route. Currently,
the scheme allows internationally based
companies to transfer certain staff to the
United Kingdom, allowing these staff to work
on temporary assignments or fill permanent
placements within the company’s UK offices.
This enables international staff to share and
transfer operational knowledge, while also
allowing staff to benefit personally from
career development through placement in the
UK, and is a fundamental tool within many
INSIGHT_summer_09_final_aw.indd 2
02
LATEST NEWS
global corporations. The detrimental effect
on business continuity from a block being
placed on staff mobility and the transfer of
skills within a global corporation cannot be
underestimated.
Call for evidence
We therefore strongly encourage all clients
(especially those reliant on transfer of staff to
the UK via the existing ICT provision) to lobby
the MAC, and thus ensure their interests are
adequately represented. Smith Stone Walters
shall be forwarding its own response in support
of the retention of the ICT provision before
the 11th June 2009 deadline. However, if you
would like to find out more on how to file your
own response, please contact Smith Stone
Walters today.
summer 09 INSiGHT from Smith Stone Walters 03 summer 09 INSiGHT from Smith Stone Walters
YOUTH MOBILITY SCHEME - JAPANESE NATIONALS RESIDENCY CHANGES INTRODUCED FOLLOWING JUDICIAL REVIEW
The UK Border Agency has recently Prior to the 3rd April 2006, the continuous leave requirement for Indefinite
announced that they have now reached the
Leave to Remain (ILR) under the Highly Skilled Migrant Programme (HSMP) was
issuing level for Japanese nationals for the
period ending on the 31st December 2009, that migrants show that they had spent four years’ continuous residence in the
and (effective immediately) will no-longer be United Kingdom. Then, overnight, the Government chose to increase the four
accepting new applications for this year.
year qualifying period to five years.
Entry to the United Kingdom under the
This ill-conceived decision had a huge affect on existing HSMP holders. To many, it was therefore no surprise
youth mobility scheme’s points-based
when a successful judicial review was brought against the Home Secretary, on the basis that those who had
system operates using a quota system for
entered into the HSMP before the increased qualifying period for ILR was introduced should be eligible for ILR
participating countries, rotating annually.
after four years within the scheme.
Currently, the countries participating in the
scheme are Australia, Canada, Japan and New In an embarrassing climb-down, the Secretary of State has therefore been forced into implementing the court’s
Zealand. decision by publishing a policy document that seeks to make amends.
Submissions from Japanese applicants may
be accepted starting from 1 January 2010. Qualifying migrants iii. Are coming up to having completed four years
The changes introduced cover those migrants who: continuous residence in the United Kingdom in
LATEST NEWS
a qualifying category
Received an HSMP approval letter issued on
the basis of an application made before 3 April iv. Those who applied for ILR after four years, were
refused, and either:
2006; and
Were granted Entry Clearance or Leave to won an appeal against the refusal decision and
MIGRATION ADVISORY COMMITTEE PUBLISHES ITS LATEST Remain (LtR) on the basis of that letter; and were then granted permission to stay.
RECOMMENDED SHORTAGE OCCUPATIONS LIST Fall into one of the following five categories: did not appeal the refusal decision or their
appeal was dismissed
The ‘Shortage Occupation List’ was established a number of years ago, to make it easier for migrant i. Have already settled in the United Kingdom
workers from outside the European Economic Area to fill those skilled roles that the Government under HSMP or Tier 1 (General) on the basis of v. Those who have completed four years
considers to be in short supply within the resident labour market. having completed five years continuous continuous residence in the United Kingdom
residence in a qualifying category in a qualifying category and have submitted an
application for Further Leave to Remain (FLR).
ii. Have completed four years continuous
To qualify for inclusion on residence in the United Kingdom in a qualifying
category
the list, the occupation
in question must be
sufficiently skilled, there Residency & refunds!
must be a shortage of Those migrants affected by this new policy
directive are therefore now entitled to apply
workers and it must be for UK residency after four years’ continuous
sensible to fill this shortage stay in this country. Furthermore, those
migrants that can show they were previously
with workers from outside required to make an extension application
the European Economic in order to complete five years continuous
residence will be allowed to apply for a one-
Area. off payment to cover the cost of the extension
application which would not otherwise have
been required. Provision has also been made
In response to the current economic climate, the Government has accepted recommendations made for certain affected migrants to qualify for
by the Migration Advisory Committee, which involve making key changes to the existing list. A new British citizenship application at an earlier
list will therefore be introduced on the 15th June, which is likely to see the omission of quantity time. For specific guidance on this new policy
surveyors and managers in construction. Some job titles in the healthcare profession are also announcement, please contact your Smith
expected to be added or removed. Curiously, orchestral musicians and contemporary dancers are Stone Walters Advisor.
deemed in short supply and thus will be added to the list.
1/6/09 01:10:17
 04 summer 09 INSiGHT from Smith Stone Walters 05 summer 09 INSiGHT from Smith Stone Walters
UK: USA:

FOCUS
Smith Stone Walters Ltd Smith Stone Walters
Title House 111 John Street
Within each of our quarterly 33-39 Elmfield Road Suite 800
newsletters, Smith Stone Walters
highlights a particular area of UK immigration law to provide
Bromley Kent BR1 1LT New York, NY, 10038
summer 09

INSiGHT
Tel: +44 (20) 8461 6660 Tel: +1 646 378 4407
clients with a clear and concise account of the key issues. Fax: +44 (20) 8461 6661 Fax: +1 646 378 4409
We trust this section will prove to be both informative and of Email: info@ Email: usa@
interest to you. Our focus for this quarter falls upon... smithstonewalters.com smithstonewalters.com

The government tightening of the resident Immigration News & Views from Smith Stone Walters

labour market test.

WHAT IS THE RESIDENT date of fourteen calendar days are paid at least the appropriate IN THIS ISSUE
LABOUR MARKET TEST? from the date the advertisement rate for the job, as shown in the
USEFUL INFORMATION

This test prevents employers from
automatically offering skilled jobs
to overseas workers, unless workers
first appeared. If the salary for the
vacancy is over £40,000, it must be
advertised with a minimum closing
date of seven calendar days from
EDITORIAL:
code of practice. Therefore, under 01 Employment based immigration
the requirements of the resident – is there a case for further
labour market test, all jobs must be restrictions?
advertised at or above the appropriate LATEST NEWS:
02

New course set

in the United Kingdom have had
a chance to apply for them first.
Employers seeking to recruit a migrant
from outside the settled workforce for
a skilled job must therefore complete
the date the advertisement first rate of pay for that job, to ensure that Youth Mobility Scheme
appeared. there has been a genuine attempt to MAC publishes revised shortage
occupations list
fill the vacancy with a resident worker.
Residency changes introduced
03
WHAT INFORMATION
Migrants, when taken on, must be
paid at least the rate advertised.
for the following judicial review

TOUGH NEW RULES TARGET BOGUS COLLEGES a resident labour market test, and MUST BE INCLUDED IN THE 04
USEFUL INFORMATION:

A strict new system to crack down on bogus colleges and fraudulent applications from foreign
students has so far screened out almost a quarter of the applications for independent schools,
show that no suitably qualified
settled worker can fill the job.
ADVERTISEMENT?
The advertisement must include:
Skilled Worker 05
Tough new rules target bogus
colleges
FOCUS ON:
colleges and universities, the Government has revealed. the job title category Government tightening of the
resident labour market test.
Institutions have to register with the UK Border Agency before they are allowed to sponsor WHAT CHANGES HAVE the main duties and
international students, under the student tier (Tier 4) of the points-based system. BEEN INTRODUCED? responsibilities of the job (the
job description)
So far, more than 2,100 universities, independent schools and colleges have applied for permission The major change for employers is a
strengthening of the resident labour the location of the job
to accept international students. Already around 460 institutions that do not reach a sufficient
standard have been rejected. market test, which ensures that skilled an indication of the salary
jobs are advertised within the United package or range, and the terms
Kingdom before they can be offered to on offer
migrant workers. An employer cannot the skills, qualifications and
now sponsor a migrant to do a job experience needed
US OFFICE OF SMITH under Tier 2 (General) unless the job
has been:
the closing date for

STONE WALTERS – advertised to settled workers in

applications.

ALREADY A HUGE Jobcentre Plus, and

APPROPRIATE SALARY RATE

a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters
This publication is not meant to be used as a substitute for proper professional advice based on the facts of
SUCCESS!
advertised using one other
method permitted by the
Under the provisions of the Tier 2 WHERE CAN I GET
relevant code of practice.
scheme, all migrants must be paid
FURTHER ADVICE

Limited accepts no liability for any action taken based on the contents of this publication.
Congratulations go to the staff within our an appropriate salary rate, to ensure
New York office who recently managed their that the domestic labour market is not ON MEETING THE
100th successful UK bound visa application
HOW LONG MUST AN
undercut. TIER 2 ADVERTISING
via the British Consulates in the US. Since
its inception in November 2008, our US ADVERTISEMENT RUN FOR?
Sponsors can assess the appropriate
rate by using the information in
REQUIREMENTS?
office has gone from strength to strength the published codes of practice or
If the salary for the vacancy is Smith Stone Walters routinely
in offering local support to migrant workers speaking to their Smith Stone Walters
£40,000 or under, it must be supports all clients in ensuring
seeking entry to the UK. This vital service Advisor. It is essential that migrants
advertised with a minimum closing they satisfy the strict advertising
provision will continue to play a key part in
maintaining Smith Stone Walters’ position requirements and meet their
as the premier UK corporate immigration responsibilities in retaining the
provider. necessary evidence from any such
campaign.
For further advice on how Smith
Stone Walters can provide specific
support in this area, contact your
Advisor today.

INSIGHT_summer_09_final_aw.indd 1 1/6/09 01:09:56

 04 summer 09 INSiGHT from Smith Stone Walters 05 summer 09 INSiGHT from Smith Stone Walters
UK: USA:

FOCUS
Smith Stone Walters Ltd Smith Stone Walters
Title House 111 John Street
Within each of our quarterly 33-39 Elmfield Road Suite 800
newsletters, Smith Stone Walters
highlights a particular area of UK immigration law to provide
Bromley Kent BR1 1LT New York, NY, 10038
summer 09

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The government tightening of the resident Immigration News & Views from Smith Stone Walters

labour market test.

WHAT IS THE RESIDENT date of fourteen calendar days are paid at least the appropriate IN THIS ISSUE
LABOUR MARKET TEST? from the date the advertisement rate for the job, as shown in the
USEFUL INFORMATION

This test prevents employers from
automatically offering skilled jobs
to overseas workers, unless workers
first appeared. If the salary for the
vacancy is over £40,000, it must be
advertised with a minimum closing
date of seven calendar days from
EDITORIAL:
code of practice. Therefore, under 01 Employment based immigration
the requirements of the resident – is there a case for further
labour market test, all jobs must be restrictions?
advertised at or above the appropriate LATEST NEWS:
02

New course set

in the United Kingdom have had
a chance to apply for them first.
Employers seeking to recruit a migrant
from outside the settled workforce for
a skilled job must therefore complete
the date the advertisement first rate of pay for that job, to ensure that Youth Mobility Scheme
appeared. there has been a genuine attempt to MAC publishes revised shortage
occupations list
fill the vacancy with a resident worker.
Residency changes introduced
03
WHAT INFORMATION
Migrants, when taken on, must be
paid at least the rate advertised.
for the following judicial review

TOUGH NEW RULES TARGET BOGUS COLLEGES a resident labour market test, and MUST BE INCLUDED IN THE 04
USEFUL INFORMATION:

A strict new system to crack down on bogus colleges and fraudulent applications from foreign
students has so far screened out almost a quarter of the applications for independent schools,
show that no suitably qualified
settled worker can fill the job.
ADVERTISEMENT?
The advertisement must include:
Skilled Worker 05
Tough new rules target bogus
colleges
FOCUS ON:
colleges and universities, the Government has revealed. the job title category Government tightening of the
resident labour market test.
Institutions have to register with the UK Border Agency before they are allowed to sponsor WHAT CHANGES HAVE the main duties and
international students, under the student tier (Tier 4) of the points-based system. BEEN INTRODUCED? responsibilities of the job (the
job description)
So far, more than 2,100 universities, independent schools and colleges have applied for permission The major change for employers is a
strengthening of the resident labour the location of the job
to accept international students. Already around 460 institutions that do not reach a sufficient
standard have been rejected. market test, which ensures that skilled an indication of the salary
jobs are advertised within the United package or range, and the terms
Kingdom before they can be offered to on offer
migrant workers. An employer cannot the skills, qualifications and
now sponsor a migrant to do a job experience needed
US OFFICE OF SMITH under Tier 2 (General) unless the job
has been:
the closing date for

STONE WALTERS – advertised to settled workers in

applications.

ALREADY A HUGE Jobcentre Plus, and

APPROPRIATE SALARY RATE

a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters
This publication is not meant to be used as a substitute for proper professional advice based on the facts of
SUCCESS!
advertised using one other
method permitted by the
Under the provisions of the Tier 2 WHERE CAN I GET
relevant code of practice.
scheme, all migrants must be paid
FURTHER ADVICE

Limited accepts no liability for any action taken based on the contents of this publication.
Congratulations go to the staff within our an appropriate salary rate, to ensure
New York office who recently managed their that the domestic labour market is not ON MEETING THE
100th successful UK bound visa application
HOW LONG MUST AN
undercut. TIER 2 ADVERTISING
via the British Consulates in the US. Since
its inception in November 2008, our US ADVERTISEMENT RUN FOR?
Sponsors can assess the appropriate
rate by using the information in
REQUIREMENTS?
office has gone from strength to strength the published codes of practice or
If the salary for the vacancy is Smith Stone Walters routinely
in offering local support to migrant workers speaking to their Smith Stone Walters
£40,000 or under, it must be supports all clients in ensuring
seeking entry to the UK. This vital service Advisor. It is essential that migrants
advertised with a minimum closing they satisfy the strict advertising
provision will continue to play a key part in
maintaining Smith Stone Walters’ position requirements and meet their
as the premier UK corporate immigration responsibilities in retaining the
provider. necessary evidence from any such
campaign.
For further advice on how Smith
Stone Walters can provide specific
support in this area, contact your
Advisor today.

INSIGHT_summer_09_final_aw.indd 1 1/6/09 01:09:56