industry covered by a statutory wage agreement.
12 Under the Immigration Rules 4 years in approved employment is required before the overseas national can apply for settlement here. The present position will be maintained,
that since TWES permits do not relate to full employment, they do not count towards this qualifying period. Only in exceptional circumstances will a switch to a full permit be allowed.
CHANGE TO IMMIGRATION RULES
13 Under para 117 of the current Immigration Rules the initial period for which overseas nationals are allowed to remain for on-the-job training is restricted to a maximum of 2 years and extensions beyond this can only be given if Overseas Labour Section is satisfied that the training is continuing and that the individual is maintaining satisfactory progress. The maximum period for work experience (under para 118) is 12 months which can only be extend in exceptional circumstances.
14 In view of the recommendation in paragraph 11(3) of this paper we propose that the Home Office should consider amending paragraph 117 of the Immigration Rules in order to allow longer periods of leave to enter to be granted where appropriate. This would cut down the work both for the employer and the Overseas Labour Section and the Home Office.It should be noted that periods on TWES do not count towards settlement rights.
OTHER CHANGES
15
During the Review a number of administrative changes were identified which could be implemented immediately within the existing rules of the scheme. They have streamlined the scheme for both employers and staff while retaining adequate safeguards within the general objectives of TWES. These are given below.
(1) Training will be approved in cases where in fact it could be obtained in the home country if an employer can demonstrate that there are distinct advantages in a person qualifying here.
(2) The fact that an overseas national is already qualified abroad will no longer be a reason for refusal. If the employer gives a valid reason why the individual needs to come to the UK for advanced training then this can be approved.
(3) The employer's word that overseas national is suitable for and that they themselves are competent to give the training will be accepted. Unless there is
4
No comments yet.
Private notes are available after approval.