Under immigration rules, employers are allowed to recruit non-EEA nationals where the vacancy cannot be filled by a UK resident employee.
From 14 December 2009, the resident labour market test for Tier 2 of the points-based system (which includes intra company transfers) will be extended to four weeks for all jobs. This will replace the current requirement to advertise jobs for two weeks, or one week for jobs where the salary is £40,000 or more.
Employers must advertise all job vacancies in Jobcentre Plus for a minimum of four weeks prior to appointing a non-EEA national. This is to give UK based employees greater employment prospects. You will not need to advertise for a continuous period of four weeks but may, for example, split it into two periods of two weeks. If you have already run advertisements you will not need to re-advertise to meet the new requirement.
"We've always said that we would run our immigration system for the benefit of the UK, and that is why the Prime Minister announced that we will extend the amount of time employers must advertise jobs in Jobcentre Plus before they can bring in a worker from outside Europe.
This change will give United Kingdom workers an even better chance and more time to apply for skilled vacancies that might otherwise go to migrant workers. It will ensure that businesses can recruit the skilled foreign workers that the economy needs, but not at the expense of British workers, nor as a cheaper alternative to investing in the skills of the existing workforce." Phil Woolas, Borders and Immigration Minister
