Immigration Barristers' Blog

Non-EU seasonal workers would enjoy basic working and living conditions, such as a minimum wage and decent accommodation, under draft legislation endorsed by the European Civil Liberties Committee. These rules would tackle exploitation, while preventing temporary stays from becoming permanent. The European Commission estimates that over 100,000 third-country seasonal workers come to the EU every year.

The proposed rules are set to be the first on seasonal employment at EU level, but they will not affect Member States’ right to determine admission volumes or reject applications if workers could be hired locally to do the job. EU countries should also be free to define seasonal work beyond its traditional link to agriculture and tourism activities, such as fruit picking, say MEPs. This should be done in consultation with social partners and ensuring that all activities have a seasonal aspect.

An application to obtain a “seasonal worker permit” should include a work contract or a binding job offer specifying essential aspects, such as pay and working hours, say MEPs. It should also include evidence that the worker will benefit from adequate accommodation. Rent should not be excessive or automatically deducted from a worker's wage, says the committee.

The adopted text says that employers should pay for travel costs from the place of origin to the place of work and vice versa. Employers should also pay the visa fee and the cost of health insurance before the start of the contract.

The new rules aim to promote non-EU workers’ movement between a third country and the EU for temporary stay and work. This would be done either through a multi-season permit covering up to three consecutive years or by simplifying procedures for returning applicants.

As part of the government's commitment to reviewing the immigration system, a consultation was launched last summer proposing reforms to employment-related settlement, Tier 5 and overseas domestic worker routes.

Immigration Minister Damian Green has now announced the government's response to this consultation. The proposed changes will mean that skilled migrant workers coming to the UK under Tier 2 of the points-based system will no longer be able to settle in the UK simply based on the amount of time they have spent in the UK.

A new minimum pay threshold will also mean that only the brightest and best workers, who strengthen the UK economy, will be able to apply to stay in the UK permanently.

The new rules will break the link between coming to the UK to work and staying forever. Exceptionally talented people, investors and entrepreneurs will continue to have the option to stay. Skilled temporary workers wanting to apply for settlement will have to earn at least £35,000 or the going rate for their job, whichever is higher.

Migrants doing jobs which are in shortage, and scientists and researchers in PhD-level roles, will be exempt from the £35,000 threshold. Temporary permission to enter and remain in the UK will be capped at six years, to reinforce the temporary nature of Tier 2.

The government also plans to make changes to the visitor rules to allow a defined group of professionals to undertake specific fee-paid activities for short stays of up to one month without formal sponsorship requirements.

Source: UK Border Agency

The creation of a sustainable selective immigration system that encourages the brightest and best to come to the UK has been reaffirmed by Immigration Minister Damian Green.

At a speech at the policy exchange, the minister expressed a desire to 'raise the tone of the immigration debate' and start building a national consensus on how immigration can be made to work for Britain.

The government will soon be announcing further changes to family migration and reforms to settlement, breaking the link between temporary and permanent migration. It will also be completing its changes to eliminate abuse of the student visa route and is currently reviewing the annual limit on skilled economic migrants.

In his speech the Minister expressed his intention that the long-term transformation of British immigration policy will introduce greater selectivity. He added that the 'points based system' of the past should ultimately be replaced by a 'contribution-based system' where migrants are checked to ensure they will add to quality of life in the UK.

This is already starting with the development of more selective routes for entrepreneurs, investors and those with exceptional talent alongside existing routes for entertainers, trainees and researchers.

The minister confirmed the introduction of a new route for international graduate entrepreneurs - international students who have engaged in innovative entrepreneurial activity during their studies and want to stay on afterwards to develop their business ideas.

The government will also improve the system for some short-term business visitors and entertainers to ensure world-class performers are encouraged to come here.

The Court of Justice of the European Union recently handed down judgment in the case of Ruiz Zambrano (C-34/09). This judgment creates a right to reside and work for the sole carer of a dependent British citizen when that carer has no other right of residence in the UK, and removing the carer from the UK would mean the British citizen would have to leave the European Union.