Rudd announces
closer examination of
UK immigration rules

5 October 2016

The UK government plans to look into whether or not current rules requiring UK employers to test the UK labour market ahead of hiring from outside the EU need to be tightened.

Home Secretary Amber Rudd announced the government’s intention to look into this particular area of UK immigration legislation in her speech at yesterday’s Conservative Party Conference.

Rudd stated that the current system has ‘…become a tick-box exercise…’, with UK employers preferring to employ skilled migrants rather than choosing to employ and train an under-skilled UK resident.

The speech has understandably sparked concerns amongst many UK employers who regularly seek to employ skilled professionals from outside the EU due to the lack of appropriate talent here in the UK.

UK employers should be clear, however, that the government has announced only its intention to examine this UK immigration requirement, and that as yet there is no guarantee that anything will change.

Before being granted permission to employ a non-EEA national in the UK, the current system first requires the UK employer to prove that no suitably qualified resident worker could be found for the role in question. This is done by the conduction of a Resident Labour Market Test, the results of which are presented to the Home Office.

In the end, the Home Office has full control over this decision, and it will be interesting to see how it feels that the system could be improved.

The speech also outlined more concrete changes aimed at the control of illegal immigration to the UK.

For example, as of December this year it will be a criminal offence for any landlord to knowingly rent out property to people who have no right to be in the UK, and banks will be legally obliged to ensure that they are not providing their services to illegal migrants.

If you have any concerns regarding the recent announcement, please contact Smith Stone Walters for up to date advice and support.

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