Employers Face New Migrant Rules

Jonathan Dale, head of employment at Andrew Jackson, explains the new points system for migrant workers who wish to work in the UK, along with its significance for the fishing industry.

Shipping and Fishing companies have become increasingly dependent on recruiting migrant workers from outside the EU in order to fill skill shortages within their organisations.

However this source of labour may become more restricted in future due to the UK Government introducing an “Australian style" points system of entry for non-EU nationals wishing to work in the UK.

Previously there were 80 different ways of entering the UK to study and work. These are now being consolidated into 5 tiers of skill classification. Essentially, entry into the UK will depend on attaining a certain level of points awarded to reflect qualifications, earning potential, age and the need for skilled employees in a particular sector. The practical effect of the points system however is that skilled employees will only be admitted to the extent that they are required to fill shortages in the labour market which cannot be filled by resident workers. There is a blanket ban on unskilled workers from outside the EU for the foreseeable future.

The significance for shipping and fishing companies is significant. Whilst ship and hovercraft officers have been identified as a shortage occupation and as such, given priority under the points scheme, the situation is less clear in relation to other ship based roles. Where companies are recruiting non-EU nationals who will be leaving from UK ports to work in international waters problems are not expected. However, companies seeking to recruit such individuals to work in UK coastal waters are likely to encounter greater difficulty in the future.

Interestingly however, guidance issued by The UK Border Agency indicates that fishermen recruited to command, navigate and maintain shipping vessels and to assist with the shooting, hauling or repairing of nets and the preparation laying and emptying of baited pots together with sorting and stowing of fish may be treated as skilled employees for the purpose of the points system. However, the situation is borderline. Individuals also involved in the netting of river fish and maintaining them in spawning pens and the cultivation and harvesting of shellfish on artificial beds are also potentially to be treated as skilled.

Whilst the door is still open to entry for skilled employees into the UK shipping and fishing companies face new challenges in terms of navigating their way through the new points system.

In response to the increasing need for advice in this area, Andrew Jackson has established Work UK a specialist immigration advice service for employers. If you require any further advice or information then please contact Jonathan Dale.

World Fishing [2009-04-02]