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Age Discrimination Rules Conflict with Work Permits UK | Immigration Matters

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Advertisements for job vacancies to prove the ‘resident labour test’ could conflict with new Age Discrimination regulations.

A work permit for a non-shortage occupation, such as a senior carer, must pass the resident labour test. In other words, the post must be advertised in order to demonstrate that you cannot fill the position within the EU labour market.

The Home Office normally requires that a certain number of years’ experience is stated in the text of the advertisement. However, this now falls foul of new Age Discrimination (Employment Equality Regulations 2006) which came into force on 1 October 2006.

You can no longer place advertisements which mention the number of years experience required. The Job Centre will not accept advertisements that specify the number of years experience needed for the job and are even reluctant to include the word “Senior” in the job title as this may imply the job is only open to senior citizens!

Work Permits UK has not yet made an announcement on whether they will accept the new style advertisements and the case workers we spoke to seemed unaware of the new regulations.

If you should have any questions or views you would like to express concerning Work Permits, Visa Extensions, or Leave to Remain, email Charles Kelly or call 020 8905 1822.

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