Working for UK Employers

The working holidaymakers scheme provides for Commonwealth citizens between the ages of 17 and 30 to come to the United Kingdom for an extended working holiday of up to 2 years. Although you will be permitted to work, however this will not be for the full two years, and may only be employment that is incidental to your holiday. The scheme is only available to a person who has not spent time in the UK as a working holidaymaker previously, and the two years cannot be extended. You must intend to leave the UK at the end of your holiday.

Nationals of those countries that participate in the Working Holiday Maker Scheme and who qualify to enter the UK under the provisions of the scheme, will face new restrictions. These pertain mainly to the period for which the Working Holiday Maker may work while in the UK in that capacity and to children of Working Holiday Makers. These restrictions became effective on 8 February 2005.

Plans have been unveiled in the Scottish Parliament to set up a Relocation Advisory Service which is to assist in tackling the population decline. In addition the Scottish parliament have set out a 'Fresh Talent' initiative which includes changes to the UK immigration system which will allow for flexibility in respect of work permits and student visas within Scotland.

Under the current rules students can only stay until the October in the year that they graduate. Under the Fresh Talent initiative students will be allowed to stay and work for up to two years after graduation. It will give many overseas students the opportunity to combine post-graduate study with work experience, although students will be able to seek any type of work during this period and will not be limited to the area of their study.

On 1 May 2004 changes to the law came into effect to prevent the employment of illegal workers. [The relevant legislation, Section 8 of the Asylum and Immigration Act 1996, has been amended to reflect the new provisions.] This means that since that date employers are required by law to undertake new checks before employing an individual.

What is the new law all about?

It is now essential for all employers in the UK to make the necessary new checks to ensure that the person they are considering employing is allowed to work legally in this country. Failure to do so will place the employer at risk of committing a criminal offence, so it is therefore vital that employers are aware of the responsibility on them and that they know how to discharge that responsibility adequately and confidently.