Restaurants must wait another two weeks before recruiting migrant chefs

The government has today announced that employers wishing to recruit skilled workers from abroad must give an extra fortnight to allow British applicants more time to apply.

The new rule applies to workers categorised in Tier 2 of the new immigration points based system and this includes chefs. Employers must test the UK labour market first and recruit from the UK before looking abroad. From the 14th December employers will have to advertise vacancies for four weeks as opposed to two.

The news will come as a blow to the restaurant industry in particular ethnic eateries which require the skills of foreign chefs. The Indian restaurant sector has been especially vocal saying there simply isn't the pool of talent available in the UK.

But the government defended the decision suggesting the extra fortnight is being put in place "…to better support United Kingdom workers looking for skilled jobs as we come out of the economic downturn".

In a statement the UK Border Agency said: "This change will apply to advertising campaigns that start on or after 14 December 2009. Employers that have already run advertisements will not need to re-advertise to meet the new requirement.

"To provide flexibility to employers, the four weeks will not need to run continuously. This will mean that employers will be able to advertise skilled jobs for shorter periods initially, for example for two weeks. This ensures that where resident workers are available, they can quickly be recruited to skilled jobs.

"Where there are no suitable resident workers available, the resident labour market must be tested for a further two weeks, making four weeks in total, before employers can appoint a migrant worker."

Borders and Immigration Minister Phil Woolas, insisted the new rule will work: "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."

Updated guidance will be available from the UK Border Agency website on the 14th December 2009.

Words: Clare Riley

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