They include a number of significant changes that are incorporated into the system with immediate effect. It is important that sponsors consider the new guidance and make appropriate changes as soon as possible. I refer below to the changes which I consider require immediate attention.
Promotions: Classified As Employment Changes
Recruitment - JobCentre Plus Exemption For Senior Employees And New Stock Exchange Disclosure Rules
ICT Employees - Restriction On Direct Replacement Of A Settled Worker And New Rules Relating To Maternity, Paternity And Adoption Leave
However, it is advisable that such evidence is submitted with the leave application to demonstrate the reason why the migrant is applying under this exemption.
Allowances - Changes To Level Of Accommodation Costs
- the migrant is applying from outside the UK with a certificate of sponsorship that has been assigned for 12 months or less; or
- the migrant is applying for an extension that will take the total stay in the UK to 12 months or less.
Salary - Removal Of Requirement To Be Paid In The UK And Guidance On Reduction Of Salary
- the migrant has current tier 2 leave; and
- s/he will continue to do the same job, with reduced working hours; and
- the reduced hours are part of a company wide policy to avoid redundancies; and
- the sponsor is not treating the migrant more or less favourably than resident workers; and
- the migrant's pay or working hours do not reduce by more than 30%; and
- any reduction in salary is proportionate to the reduction in hours; and
- the arrangements will be in place for no more than one year.
Letter Certifying Maintenance
Milkround - Exemptions On Time-Frame For Certificates Of Sponsorship
Contract Work - New Guidance
UKBA will only approve the issuing of a certificate of sponsorship if it is clear that the sponsor has full responsibility for deciding the above. Where the migrant is carrying out work for a third party on behalf of the sponsor, the migrant must be contracted by the sponsor to provide a time-bound service or deliver a time-bound project on behalf of the sponsor. They may not be contracted as agency workers or to undertake a routine role for the third party which is not related to the delivery of a time-bound service by the sponsor.