The Immigration Rules changed on 14 June 2012, resulting in a reduction in the types of jobs retailers can now offer to skilled non-EEA workers, under the Points-Based System (PBS).
The positions that can now be offered to overseas workers entering the UK for the first time (or otherwise to those who are already in the UK and wish to be sponsored under the PBS for the first time) are senior directors; marketing, purchasing and sales managers; and those in PR. These are roles deemed the equivalent skill level of NVQ Level 6. Those in office and accounts manager roles, including sales and retail assistant positions can no longer be sponsored as they are not deemed to be sufficiently skilled.
Those non-EEA workers already being sponsored in the UK before 14 June can continue to work in their existing roles even if their roles are no longer (or in fact never were) at NQF level 6. Similarly, these changes do not affect non-EEA workers who have permission to remain in the UK as a result of being in some other immigration category.
These changes follow amendments to the Rules announced earlier this year which now require most sponsored workers applying for indefinite leave from 2016 onwards to be paid at least £35,000. If they are not able to meet the minimum income threshold, then they must leave the UK and not re-enter for at least 12 months.
Employers are advised to consider whether any of their existing employees are caught by the settlement restriction, and ensure they explain the implications on the worker's employment after 2016. In addition to managing the expectations of existing employees, the terms and conditions of any new recruits going forward will also need to reflect the new restrictions under the Rules.
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