Member Article

Changes to Immigration Law - the hidden disadvantages

With Sam Latif of Equality and Diversity Services Ltd

In November 2008 the Government’s most comprehensive change to Immigration law was made with the introduction of points based system. The tougher system, which is modelled on the Australian points based system, highlights the assessment of an applicant’s qualifications and previous earnings.

The danger of this system is that it will attract professional higher earners from more western and developed countries and alienate people who have real skills from underdeveloped countries leaving many skilled workers at a disadvantage.

The business case for managing and valuing equality and diversity in UK businesses has been well researched and is long-established. There is, it can be argued, a moral case - clearly it is the right thing to do and be seen doing; a legal case - the cost of discrimination to UK businesses was £320 million in 2006; a demographic case - the ability to attract and retain the best workers; and an economic case - access to public and private sector jobs.

The Government is asking more employers to be forward thinking and to demonstrate their commitment to diversity through recruitment procedures. However there is also evidence that since the introduction of the immigration law, the Home Office is not exercising its discretion and many skilled workers are refused entry. Surely this is sending out a very confusing equality message to employers?

It is vital therefore for employers and workers to get good legal advice on an initial application and appeals procedure. The disadvantages that we will see in a few years time are that certain sectors, such as the restaurant industry, will have a real shortage of skilled workers in the UK.

Employers also need to know that they can now face fines for employing illegal workers or workers without permission to work.

From April 2008 a very draconian scheme was established by the Government which can fine up to £10,000 per worker and up to two years’ imprisonment. The problem with this scheme is that it affects mainly small businesses, as many do not have the resources or expertise to carry out the necessary checks. Again, it is important therefore for the correct and relevant legal advice to be given to small employers.

Future changes to Nationality Law are proposed for the end of 2009. This is another issue for employers and people working in the UK to keep an eye on, as there is a possibility of the government introducing changes to temporary UK Nationality.

Changes to student visas from March 2009 may affect universities and colleges in the UK, as the Government will be requiring students to show that they have higher amounts of living expenses whilst studying in the UK.

Colleges and Universities must audit more closely their foreign student attendance and that students are registered in the UK.

For more about the changes to immigration law contact Liaquat Latif at l.latif@latifsolicitors.co.uk.

This was posted in Bdaily's Members' News section by BookingLive .