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
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
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.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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On 31 July 2012, a mere two months after the General Court handed down its judgment in the MasterCard case, the European Commission (the "Commission") sent a supplementary statement of objections ("SSO") to Visa in relation to the multilateral fall-back interchange fees ("MIFs") it charges for transactions with consumer credit cards in the European Economic Area ("EEA") and domestic point of sale transactions in eight EU Member States
The United Kingdom has a points-based system for foreign nationals from outside the European Union who wish to move to the UK.
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