Recruiting and Employing International Candidates Anne-Marie Boyle Natasha Gya Williams 11 September 2013

Introduction Aim of presentation: – Overview of employment related issues raised by employing non British nationals – Immigration considerations for those employing non British nationals

Immigration work restrictions Who is subject to work restrictions? – Non EEA nationals – EEA nationals – British subjects

Top 5 work routes Five most common work routes for International Graduates – Tier 2 work permission – Tier 5 short term work permission – Tier 1 Entrepreneurs and Investors – EEA working rights – Relationship with British/EEA nationals

Recruitment Process Avoiding discrimination -wording of advertisement - recruitment process generally Employer’s exposure to discrimination Third party’s exposure to discrimination Approaches which limit exposure

Case Study 1 Employer makes job offer to Meera, a recent PhD graduate, before checking Meera’s immigration status. Meera has Doctorate extension leave, allowing her to work until 30 October The job Meera has been offered does not meet Tier 2 work permission criteria. What should employer do?

Offer of employment Contractual issues to consider when making offers of employment Sample wording

Prevention of Illegal Working Must take copies of documents identifying employee and his/her immigration status Checks prior to employee starting Checking everyone On-going checks for those with limited right to work

Case Study 2 Bianca, an international graduate student from Brazil, has just got married to a UK national. Bianca been hired on by a small building society. She presents a solicitor’s letter confirming she has just submitted an application to remain in the UK on the basis of her marriage. All of her original documents are with the Home Office. Bianca will play a key role in the opening of the business, and management do not want to delay her start date as it could jeopardise the stability of the company. What should management do? Is there anything Bianca could do?

During Employment Managing those with limited leave – Contractual obligations to update change in immigration status – 12 month checks/diarising visa expiry dates – Discussion prior to visa expiring – Avoiding discrimination during employment

Case Study 3 Miko, a Japanese graduate, works in the marketing department of an international company. She holds Tier 2 work permission. There is a branding launch to be held in Paris in three weeks. In order for Miko to attend, she needs a Schengen visa, which will cost her company about £800 to obtain. Miko’s manager does not want to incur this additional cost. What should Miko’s manager do?

End of Employment If leave cannot be extended – Have contractual clauses already built in that protect employer in this event – Manage employee’s expectations through discussions prior to expiry and longer term intentions and needs on both sides

Case Study 4 Andrew, a US graduate, is newly sponsored under Tier 2 work permission. He is only allowed to stay in the UK for a maximum of six years under Tier 2 until Andrew and his employer have agreed, that at the end of Andrew’s 5 th year (2018), Andrew will apply for indefinite leave to remain (ILR), allowing Andrew to obtain permanent residency in the UK. That way Andrew can be employed by the company indefinitely. In 2016 Andrew is convicted of drink driving. His conviction remains unspent until 2020 which means he cannot apply for ILR until at least What should the employer do?

Any questions