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Overseas staff recruiting licensees will need to adjust their employment contract to comply with recently-announced UK immigration rules. (16 April 2012)

Date: 16/04/2012
Duncan Lewis, Legal News Solicitors, Overseas staff recruiting licensees will need to adjust their employment contract to comply with recently-announced UK immigration rules.

Workers who are sponsored from non-European economic area (EEA) countries, seeking to remain in the country or who has entered into UK after the 6th April 2011 will be able to stay in UK for six years but those wishing to stay longer will have to show a gross income of £35,000 pa.
But skilled chefs are exempted from the changes as they come under the government’s ‘shortage occupation list’. Also those who have entered the UK on or before 5th April 2011 are exempted including immigrants who enter the country on a spouse visa.
An expert on employment law has said that licensees who take overseas staff should either issue permanent contracts with a clause that says that employment will be terminated if the employee’s visa runs out or it should issue a fixed term contract for the duration of the visa.
He said the employment contracts should be reviewed to ensure employers can lawfully terminate the relationship if a worker does not qualify to stay in the country. And workers expectations must be carefully managed.

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