Employers could be liable for ‘simple, honest’ mistakes
A proposed immigration bill outlined by prime minister David Cameron in a speech made at the Home Office could have far-reaching consequences for employers who recruit from outside of the European Union, Kerry Garcia, head of immigration at law firm Stevens & Bolton’s has said.
The bill, to be included in the Queen's speech next week, could change the rules and regulations around employing migrants.
If the planned legislation comes into force, it is likely to impact businesses in sectors with a shortage of skilled workers, Garcia warned. A visa levy on businesses which use foreign workers is also being considered to help fund apprenticeships.
In his speech, Cameron said he would ask the Migration Advisory Committee to advise on significantly reducing the level of economic migration from outside the EU and said the government would also seek to limit the time professions could be classed as having a skills shortage.
"Some professions are on the Shortage Occupation List year after year and nothing is being done about it," said Cameron.
Roles on the list include: engineers, biological scientists, graphic designers, physicists, geologists, software professionals, mathematics and science secondary school teachers and many healthcare roles, including social work and psychiatry.
"Sectors that have become over-reliant on migrant workers will be encouraged to train Brits instead. What’s more, we’ll make it illegal for employment agencies to recruit solely from abroad without advertising those jobs in Britain and in English," Cameron added.
He said a new enforcement agency would be introduced to crack down on businesses not paying the minimum wage and to stop employers bringing in "cheap labour that undercuts the wages of local people".
Cameron also pledged to create three million more apprenticeships and to consult on businesses which currently use foreign labour to help fund these apprenticeships via a new visa levy.
Under the proposed legislation it will also become a criminal offence to work or employee someone illegally in the UK. Any wages paid to illegal immigrants could also be seized as proceeds of crime.
Garcia warned that the proposed immigration bill, if it comes into force, could deter "legitimate" migrants.
"They will face scrutiny wherever they turn, be it the DVLA, NHS, opening a bank account or renting a house. The danger is that even legitimate migrants will find it increasingly difficult to find accommodation as landlords may be unwilling to risk taking on a tenant from outside the European Economic Area (EEA),” she said.
In addition, she said the new criminal offence, which will apply to migrants who have entered the country illegally and those who came to the country legally but are in breach of their conditions or have overstayed, could affect businesses and migrants which have no intention of working or employing someone illegally. For example, where an employer has accidentally made a mistake in the sponsorship process.
"Given the complexities of, and frequent changes to, immigration law it is all too easy for employers to make a mistake and employ someone who does not have the right to work for them and at present this is recognised.
"It would seem totally disproportionate in such circumstances to effectively make illegal working a one-size-fits-all strict liability offence,” Garcia added.