UK

UK Recruitment Industry Reacts To Queen’s Speech

5 January, 2020

Proposed Legislation includes a new employment bill, a points-based immigration system for skilled workers, flexible working and a national skills fund

During the State Opening of Parliament in December, the Queen outlined a comprehensive list of the new government’s proposed legislation including a new employment bill, a points-based immigration system for skilled workers, flexible working and a national skills fund.

The proposed employment bill promises to protect and enhance workers’ rights when the UK leaves the EU. The government is also set to create a new single enforcement body to protect workers’ rights. Workers would also have the right to request a more stable contract. Flexible working would also be default, unless employers have a good reason not to allow this (this is subject to consultation).

The recruitment industry has reacted to the announcement.

Tom Hadley, Director of Policy and Campaigns at the Recruitment & Employment Confederation, said, “We hope the government’s employment bill will incentivise business compliance and increase fairness and flexibility in work. Two way flexibility, that supports businesses and workers’ choices, is vital to a fair and productive labour market. The challenge ahead is to ensure that this works for all parties.”

“The government’s recognition of the importance of all people being able to retrain is welcome,” Hadley continued. “Recruitment professionals are in a unique position to facilitate career transitions and progression, and to provide the latest insight into how skills needs are evolving. We look forward to ensuring that the National Skills Fund works for employers and workers alike.”

Tania Bowers, General Counsel at The Association of Professional Staffing Companies (APSCo), also commented, “While it was confirmed that measures will be brought forward to encourage gig workers to request a “more predictable contract”, our members are keen to understand whether this right will be extended to non-permanent agency workers, who by their nature are flexible.”

“We welcome the introduction of a National Skills Fund. However, while a commitment to ‘growing our own’ talent will help to mitigate against talent gaps in the future, in the interim access to skilled professionals from Europe and beyond must be maintained,” Bowers said.

“While today’s speech underlined a commitment to a ‘modern, fair, points-based immigration system’, Tier 2 Visas will continue to require a job offer. APSCo maintains that there must be a dedicated visa route as part of the future skills-based immigration system, through which highly skilled contractors from overseas can come to the UK and support British businesses. The abolition of the previous cap on numbers under the Tier 1 Exceptional Talent Visas coupled with a new fast-track immigration scheme for top scientists and researchers, however, should help alleviate skills shortages in some of the most talent-short sectors,” Bowers continued.

Bowers also called for a rethink to incoming changes related to IR35, and added that APSCo believes it should be delayed ‘pending a further impact review and completion of an assessment on employment status.’

October 2019 Queen's Speech and State Opening of Parliament

Immigration Update Following UK Election Result

27 December, 2019

What can be expected from an “Australian-style points based immigration system” if replicated in the UK post-Brexit

The Boris Johnson immigration tag line has long been that under his leadership the UK will have an “Australian-style Points Based System”. Now the election results have been counted and it has been confirmed that Boris will continue his tenure in 10 Downing Street, what can be expected from an “Australian-style points based immigration system” if replicated in the UK post-Brexit in January 2021?

The Conservative manifesto was vague when it described what UK businesses could expect from a new immigration system once the Brexit transition period comes to an end on 31 December 2020. The previous Immigration White Paper (published in 2018) made no mention of a points based system; however it did make clear that whatever immigration system is in place, it would be applicable to EEA nationals arriving post-31 December 2020 as well as third country nationals arriving in the UK. Those applying under the existing Settled Status scheme who are resident in the UK before 31 December 2020 (or 31 January 2020 in the event of a no deal) should not fall under a new immigration system. On 8 December 2019, the Prime Minister announced that the new work-based immigration system would be a 3-tier system, applying to all new arrivals in the UK, consisting of:

A top tier for exceptional talent who would be able to obtain a UK visa without a job offer
A second tier for skilled workers with a UK job offer
A third tier for unskilled workers, coming for short-term visas in sectors with employee shortages.

When referring to an “Australian-style points based system”, no further explanation has been made on what this would look like or how it would operate in practice. In the Australian immigration system, there are two primary categories which require individuals to score points in order to assess eligibility for an Australian visa. These two categories are the Skilled Independent Visa (subclass 189) and Skilled Nominated Visa (subclass 190). These categories do have slight differences but in short, both categories require applicants to meet the following requirements:

Be under the age of 45
Score 65 points or more under the points system
Meet a minimum level of English
Ensure their current occupation is listed on the pre-approved skilled occupation list
Meet a minimum health requirement
Meet a minimum character requirement
A declaration the applicant holds suitable skills for their occupation

The individual must firstly submit an expression of interest form, showing they meet the above criteria. Points will mainly be awarded for age, English competency, overseas and Australian employment experience and education. The Australian government will then review the application and invite successful applicants to make a formal visa application. At this point, the individual will need to file supporting evidence including a CV and evidence of education. Providing the application is approved, the individual will receive an e-visa which is linked to the individual’s passport and permits them to work in Australia with no restrictions.

The above is not too dissimilar from the previous UK Tier 1 General visa category, which was closed to overseas applicants on 23 December 2010 and permanently closed on 6 April 2018. Under the previous Tier 1 General system, individuals were primarily awarded points for age, education and previous earnings over a 12 month period. However a key difference is that even though individuals are required to score points for the visa category, an individual must also be in a profession listed on the Australian skilled occupation list, which is a key concern for some UK industries who have expressed worries that their key professions would not be included on this occupation list and thus bar key talent from being able to relocate to the UK. Upon reviewing the Australian skilled occupation list, it includes professions currently represented on the UK occupation list, such as teachers, lawyers and engineers. It also covers roles which are currently deemed “unskilled” in the UK such as mechanics and tradespeople (carpenters, plumbers etc) as well as some more specialist niche roles such as horse trainers and tennis coaches.

Australia also has a separate “Short-term Skilled Occupation List” of professions which are only eligible for a more limited range of visas. Under this list, individuals cannot “self-sponsor” (ie hold the visa independently) and employer-sponsored work visas are restricted to two year period for most occupations on the list, with no path to permanent residency. This is partially reflected in the UK government’s proposal for a third tier for unskilled workers and could provide an interim solution for businesses whose vacant positions are more transient in nature.

Regardless of whether the above is implemented, the UK government revert to their previous White Paper proposals or opt for a whole new immigration system, it will be important for employers to stay abreast of updates and developments in 2020 to ensure they are prepared for a fresh immigration system in January 2021 which will apply to all new arrivals in the UK, whether they are EEA nationals or third country nationals.

Johnson applauds supporters for "changing the future" of the UK after election victory

International Career Opportunities Looming In the UK

24 December, 2019

Half of 50,000 nurses promised by Boris Johnson would need to come from overseas

Yesterday we published a blog post on the new rules for fast track visas for doctors and nurses in the UK which is timely, as it appears now there are going to be significant international opportunities for healthcare professionals in the NHS in the near future.

The Health Foundation Chief Executive has said that even with improvements in all other areas of recruitment and training, the Conservatives will need to recruit almost 25,000 nurses from overseas to honour their pledge of an extra 50,000 NHS nurses, in a bid to plug the existing vacancy gap of more than 43,000.

She added: “This will be challenging and means migration policy must not be a barrier and with the number of qualified permanent full-time equivalent GPs having decreased by around 5% since the last target was set, there must be realism about what can be achieved in the timescales set out.”

The Tories said the extra 50,000 nurses would be brought in over the parliament through a combination of training and extra university places, also nurse apprenticeships which allow people to train as they work, and there will be some recruitment from overseas with the new NHS visa.

Donna Kinnair, general secretary of the Royal College of Nursing, said: “The current shortage of 43,000 registered nurses can only be filled by registered nurses – with degree-level education. “It is unfair on staff and inappropriate for patients to try to plug this gap with other staff.”

She said “more detail” was needed on where the 50,000 nurses would come from, adding: “The emphasis must be firmly on growing the domestic workforce, as while we welcome nursing colleagues from around the world, an over-reliance on international recruitment is neither sustainable nor ethical in the long-term.” And she said money was needed for tuition fees for trainee nurses, not just cost-of-living grants.

So it appears there will be significant international career opportunities for healthcare professionall in the UK in the near future.

Conservatives promise to 'add' 50,000 more nurses ahead of UK election

UK Govt Unveils New Rules For Fast-Track Visas For Doctors And Nurses

23 December, 2019

How the fast-track UK visa for doctors and nurses will work

The UK government on Thursday confirmed plans to introduce a new visa for qualified doctors and nurses from countries around the world to address workforce shortages in the state-funded National Health Service (NHS).

Prime Minister Boris Johnson had made references to such a new so-called “NHS visa” on the election campaign trail, which was confirmed as part of the Queen’s Speech in Parliament on Thursday – the formal process of Queen Elizabeth II laying out the parliamentary agenda of the newly-elected Boris Johnson led Conservative Party government.

“Steps will be taken to grow and support the National Health Service’s workforce and a new visa will ensure qualified doctors, nurses and health professionals have fast-track entry to the United Kingdom,” her speech notes. “A modern, fair, points-based immigration system will welcome skilled workers from across the world to contribute to the United Kingdom’s economy, communities and public services,” it adds, in reference to another Johnson pledge ahead of the December 12 General Election – to introduce an Australian-style points-based immigration system to attract the “brightest and best” from around the world.

An accompanying government briefing paper elaborates that under its “NHS People Plan”, qualified doctors, nurses and allied health professionals with a job offer from the NHS, and who have been trained to a recognised standard, will be offered fast-track entry, reduced visa fees and dedicated support to come to the UK.

The British government has claimed that its new visa and immigration system, which would be in place post-Brexit once Britain has left the European Union (EU) next year, would be “fairer” as it would put skilled migrants from around the world at par once the EU’s freedom of movement rules no longer apply to the UK.

The Plan mentions the aim to increase the nursing workforce by over 40,000 by 2024, and to reduce vacancies to 5 per cent by 2028. The Plan underlines the need to increase international recruitment in the short and medium term, among other measures. The government’s “NHS People Plan” mentions the “significant staff shortages” at many places. An increase in the numbers of nurses is the “single biggest and most urgent” need of the NHS.

The post-Brexit scenario for the NHS may be grim, since it will restrict the movement of a number of doctors from the EU into Britain.

Boris Johnson promises to fast track NHS visas for overseas doctors

Immigration In The UK – What Does A Conservative Majority Mean?

20 December, 2019

What is the likely direction of travel on future immigration policy?

With the Conservative Party securing a clear majority in last week’s election, there is now a degree of certainty as to the UK’s future immigration policy – although things are far from crystal clear in a number of areas.

Brexit

Brexit has been a key issue during the election campaign and it now seems certain that the UK will depart the EU on 31 January 2020. If so the residence deadline for applications to the EU Settlement Scheme will be 31 December 2020. Statistics are suggesting that there has been a trend towards EU migrants returning to their home countries since the Brexit referendum, so it remains to be seen whether the degree of certainty that is now in place will attract EU migrants to the UK in advance of the residence deadline.

If employers have not already done so, it would be wise to carry out an audit of staff to establish the extent of reliance on staff working in the UK under current free movement rules. Any audits already carried out should be kept accurate and up to date. Whilst employers should be aware that unregulated immigration advice should not be provided to employees, it would be wise to emphasise the need for Scheme applications to be made to secure ongoing residence in the UK.

Post-Brexit

The Conservative Party manifesto included a clear commitment to introduce an “Australian-style points based system” in place of the UK’s current immigration arrangements. The new system would bring EU migrants (who are not covered by the EU Settlement Scheme rules) and non-EU migrants under the same umbrella, with implementation likely to take place in early 2021 after the EU’s free movement rules cease to apply to the UK.

Although described as an Australian-style system, there remains a lack of clarity as to what precise form this will take. It is clear from the Conservative manifesto that the system will actually be quite different to the current Australian system in some respects. For example; a concrete job offer is not always required to secure an Australian visa, but the manifesto notes that a clear job offer will be needed under the proposed new system.

Firm details of the proposal remain thin on the ground, but we can expect more specifics once the Migration Advisory Committee provides its report on the issue (which is expected early next year). There is also the lingering question of whether any points-based system will be regionalised, or apply uniformly across the UK. In particular, recent statistics show that Scotland is reliant on net migration to maintain its current level of working population. Whilst there is currently a fairly limited Scotland-specific Shortage Occupation List for Tier 2 (General) sponsorship, the current system otherwise generally applies uniformly across the UK.

Given the significant focus placed on immigration matters during the Brexit process and the commitments included in the Conservative manifesto, we would anticipate that any new system will ultimately be designed with a view to reducing overall net migration to the UK. It is, however, clear that access for highly skilled migrants would be prioritised under the proposals.

NHS surcharge

The Conservatives have proposed an increase to the Immigration Health Surcharge – a fee payable by certain migrant workers for access to NHS services. This would clearly add to the overall cost of the visa application process. The surcharge was already doubled at the start of 2019 and currently sits at £400 per year for the majority of applicants that are required to pay.

Bespoke visa schemes

The Conservative manifesto includes reference to a number of bespoke visa schemes. For example, it is suggested that qualified trained professionals with a job offer in the NHS and the ability to speak English will be given “fast track” visa options. There is also a commitment to reduced visa fees for such applicants. The manifesto further suggests that priority will be given to the recruitment of genuine leaders in their particular fields (for example, exceptional technology and science graduates).

Overall; given the backdrop to this election, control of the UK’s borders was inevitably going to be a key issue at the polls. There does, however, appear to be a clear tension between investing in public sector recruitment (such as in the NHS) whilst at the same time reducing net migration. Indeed, questions have been raised about whether significant increases in public sector recruitment will be possible with a potentially reduced pool of migrant workers. A reduction in lower-skilled migrant workers could also significantly impact the leisure, tourism and hospitality sectors. Ultimately, further clarity on the Government’s proposed new immigration system is required as a matter of priority to allow businesses to effectively plan for the future.

Johnson pledges to cut UK immigration

The UK Election Is Done And Dusted – So Where Does That Leave The NHS?

16 December, 2019

But What Happens Now For The NHS?

So the results are in and the conservatives have won a large majority in the election, meaning Boris Johnson will remain as Prime Minister and the Tory manifesto will be implemented, but what happens now for the NHS?

Their strengthened position in Parliament means there are no excuses for them to be able to move forward with implementing their manifesto pledges. These include items on Brexit, the environment, crime and the NHS. But let’s wait and see.

One of the key factors in the outcome of the election has been the future of the NHS, with all parties pledging to make changes, increase funding or aid the health service in one way or another. It was a campaigning point for many, with promises to safeguard the National Health Service for future generations.

Increasing staffing numbers, reducing waiting times and solving the social care crisis were among pledges given in manifestos across the political spectrum. In the Conservative manifesto, there were several aims for the NHS and social care. These include:

50,000 extra nurses to be recruited
6,000 more doctors in GP surgeries
6,000 more primary care staff like physiotherapists and pharmacists
50 million extra GP appointments a year increasing the current average by 15 percent
£33.9 billion extra funding a year for NHS
Cross-party agreement sought to solve social care crisis
40 new hospitals
Free hospital parking for selected patients and staff
Reintroduction of bursaries of up to £8,000, which were cut four years ago, to help training nurses with living costs
An extra £1 billion of funding for more social care and better infrastructure.
Pass legislation to ensure an extra £33.9billion per year is put into the NHS by law.

In addition to this the conservatives are also promising an immigration system based upon the Australian model. On the surface it sounds fantastic for both short and long term career opportunities for healthcare professionals and we are well placed to assist you in this regard with representation in Australia, South Africa and the UK.

However it is only early days and governments are inherently slow to act and furthermore not deliver on their election promises. In a previous blog post we posed the question “Should I stay or should I go” whether already inside the UK thinking about staying or leaving, or outside the UK thinking about going there or staying where you are, still remains relevant and our recommendation is still the same – WAIT AND SEE – but this doesn’t necessarily mean do nothing. We suggest you prepare early and position yourself for the opportunities that may arise either inside or outside the UK. That’s where we can assist. Please do not hesitate in contacting us for a confidential discussion.

Johnson Calls NHS the Conservative Government’s ‘Top Priority’

Thinking Of Moving To The UK To Work In The NHS? – It Might Be Good Timing

12 December, 2019

The Tory’s Have A Plan To Attract More NHS Staff From Abroad

The Conservatives say they will make it easier for doctors and nurses from around the world to work in the UK after Brexit, if they win the election.

The party would introduce an “NHS visa” as part of a promised “points-based immigration system”. But Labour said the policy was “full of holes,” with nothing to say about low-paid nurses and other hospital staff. And the Royal College of Nursing said “more ambitious” plans were needed to address NHS staffing shortages.

The Conservatives plan to end free movement of workers from EU countries when the UK leaves the EU – something they have promised will happen on 31 January if they are returned to power on 12 December.

The party would introduce a “points-based system” for migrant workers from EU and non-EU countries. It has yet to spell out in detail how this will work – but it has announced that extra points will be awarded for coming to work in the NHS.

The cost of applying for a visa would also be reduced from £928 to £464 for medical professionals, and they would be guaranteed a decision within two weeks, under Tory plans. Those granted an NHS visa would also be allowed to pay the annual £400 compulsory health insurance charge out of their salary.

Prime Minister Boris Johnson said the proposals would make it easier for “talented” medical staff to get visas.

The Conservatives have already announced a fast-track visa route to attract specialists in science, engineering and technology. They have also previously said they will scrap the cap on the number of skilled workers, such as doctors, from the EU and elsewhere, after Brexit. The party is considering scrapping the minimum salary requirement of £30,000 for skilled migrants seeking five-year visas.

When asked if there would be more people from overseas working in the UK under a future Conservative government, Home Secretary Priti Patel did not answer directly but said the public wanted “controlled immigration”.

Finding staff from outside the UK to come to work in the health service is as important as ever. But those who wish to do so are often surprised at the fees they have to pay for the privilege. To address this, the Conservatives plan to halve the £928 visa cost for NHS staff and their dependents. But the £400 surcharge to cover their healthcare costs if they are from outside the EU won’t be reduced, nor will the levy paid by the NHS and other employers if they hire foreign workers. So it may be a move in the right direction, but if the health service badly needs trained doctors, nurses and others from abroad, it might be asked why they should pay any fees for visas or healthcare?

The Cavendish Coalition, representing a range of health and care organisations, says any steps towards tackling the high vacancy rate are welcome, but by not covering social care the policy is not ambitious enough. These groups want any incoming government to recruit and employ any necessary workers from outside the UK “without criteria”. The Royal College of Nursing said a failure to train enough nurses was forcing the NHS to “recruit overseas in the short-term”.

RCN chief executive Dame Donna Kinnair said she wanted to see a fairer immigration system that valued skills and did not fixate on “arbitrary targets” and “There are tens of thousands of unfilled nursing jobs and we need more ambitious plans than this to address it.” She added it was “immoral and heartless” to continue to make nurses contribute towards “the same services they keep running” through the health insurance charge. “It should be abolished, not spread out every month,” she said.

Labour also attacked the lack of detail in the Conservative plans. Shadow home secretary Diane Abbott said: “The Tories are tying themselves in knots over immigration. They use dog-whistle anti-migrant rhetoric but are forced to accept we need migrant workers for key sectors, not just the NHS, but many more besides. “This policy is full of holes, with nothing to say about the nurses earning below their income threshold, as well as all the cooks, cleaners, hospital porters and others who are vital to hospitals, and nothing at all about their right to bring family members here. “Labour’s immigration policy is rational and fair and will prioritise attracting the people we need, and treat them as human beings.”

Liberal Democrat home affairs spokeswoman Christine Jardine said that, even with the visa application costs reduced for medical professionals, the £464 charge still amounted to a “nurse tax”.

More than 12% of the NHS workforce reported their nationality as not British, according to a report published last year.

The biggest group of foreign NHS workers are from the EU – 56 in every 1,000 – but, the report added, the number of new staff coming from the EU is falling, and that this decline particularly applies to nurses.

For more information see the below videos.

We have representation on the ground in the UK so contact us for a confidential discussion.

Austerity, racism, the NHS and Brexit: Corbyn and Johnson clash in BBC debate

Brexit and the NHS - explained in 4 mins by a doctor on the front line

The Brexit Conundrum – Should I Stay Or Should I Go??

5 December, 2019

Whether You’re In the UK Or Elsewhere, The Same Question Applies!!

See if you can work this out, we’ve tried and we can’t.

So far in the UK election campaign, migration has largely bubbled under the surface of public debate, given the overriding focus on the parties’ spending plans and the ongoing clashes over Brexit. But a study of the party’s manifestos suggests that, despite this lack of focus, the election is almost certain to be a turning point for migration policy. The main parties are pledging a new direction on migration, signalling a difference in approach from Theresa May’s punitive and restrictive agenda. Yet while the direction is broadly positive, the detail is sorely lacking.

The Conservatives say they will make it easier for doctors and nurses from around the world to work in the UK after Brexit, if they win the election. The party would introduce an “NHS visa” as part of a promised “points-based immigration system”. But Labour said the policy was “full of holes,” with nothing to say about low-paid nurses and other hospital staff. And the Royal College of Nursing said “more ambitious” plans were needed to address NHS staffing shortages.

The Conservatives say they also plan to end free movement of workers from EU countries when the UK leaves the EU – something they have promised will happen on 31 January 2020 if they are returned to power on 12 December 2019. The party would introduce a “points-based system” for migrant workers from EU and non-EU countries. It has yet to spell out in detail how this will work – but it has announced that extra points will be awarded for coming to work in the NHS.

Furthermore this time round, there is a new liberal tone to the agenda, the much-derided net migration target has been jettisoned and there are a range of proposals intended to liberalise the system, from a fast-track visa for NHS professionals to a post-study work route for international students and a start-up visa for entrepreneurs.

The manifesto promises a new ‘Australian-style’ points-based system. This is a popular idea with voters, but it’s hard to shake the feeling that this is more a slogan than a policy – one intended to symbolise a hard-line approach to immigration while simultaneously offering reassuring signals to business. How this plays out in practice is less clear.

On the one hand, a points-based system could signal a shift towards introducing faster pathways to settlement, greater powers for nations and regions to determine their own skills needs, and new visa routes that prioritise the personal characteristics of applicants over stringent salary requirements – all hallmarks of the Australian model. On the other hand, it could signal a more selective approach, heaping on additional requirements for migrants to make it harder to enter the UK for work.

The Liberal Democrats propose to replace visas for skilled workers with a ‘more flexible merit-based system’. But this leaves open a whole host of questions relating to how such a policy should work in practice – and how indeed it differs from the Conservatives’ proposal for an ‘Australian-style’ points-based system.

There is a welcome recognition that arbitrary numerical targets have failed. There is a renewed focus on developing an immigration system that supports the UK’s economic ambitions. One thing for sure is there will be plenty of blanks to fill in for future immigration policy, no matter who wins on the 12th of December.

Don’t discard the concern of British expats either. There has been a surge in expat voter registrations which is now around the 40,000 mark, which could see a record number of expats voting in what is being termed the Brexit election. The outcome of the election could have a significant impact on their lives. See the below video.

So whether you are in the UK wondering whether you should stay or go, or outside the UK wondering whether you should stay where you are, or go to the UK, all we can say is you be the judge and if you can work it out with some clarity, then please let us know. We think the best advice at the moment is to wait and see. See the below links to add a bit more confusion.

https://lnkd.in/gM5EVGG

https://lnkd.in/gqKCpTD

https://lnkd.in/gS_tfqE

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