A Y & J Solicitors | View firm profile
Pandemic is the latest blow that has thrown millions of lives into disorder, however, one must not forget that the Brexit Train is gradually continuing to steam forward. On 31st January 2020, the United Kingdom has left the European Union by signing a withdrawal agreement with the EU. This momentous shift marks a significant transition from the freedom of movement to the Points-Based system, and the introduction of some new visa categories to come into force from 01 January 2021. This departure from the EU is expected to bring a drastic overhaul in the key immigration system.
Under the new scheme, EU and non-EU will be treated equally which will undoubtedly transform how skilled workers come to the UK through an employer-led system. The current immigration system will be replaced by a Points-Based System where points will be assigned on the basis of skills, qualifications, and shortage occupations. Henceforth, visas will be awarded to those who will gain considerable points. These flexible yet effective arrangements will also bring forth several other immigration opportunities that will necessitate employers in the UK and foreign migrants to adapt.
EU Settlement Scheme
The EU Settlement Scheme is particularly designed to offer EU, EEA, and Swiss citizens and family members in the UK to continue living and working in the UK after 30 June 2021. This immigration permission includes EU Countries and also Liechtenstein, Iceland, and Norway. Consequently, the employers must direct EU staff about the EU Settlement in order to safeguard the future of their workforce.
Skilled Workers
The new Points-Based System will include an appropriate route for skilled workers who hold a job offer from a Home Office approved sponsor. Under this new scheme, there will be no overall cap on the number of foreign nationals who can apply under this route. Moreover, this route will also exempt employers to carry out any resident labour market test.
This route entails the applicant to be in roles skilled to Regulated Qualifications Framework or Rqf Level 3 or above and satisfy the English language requirements. These mandatory criteria will enable the applicant to score 50 points. However, the applicant needs 20 “tradable” points which will be evaluated through the combination of salary, a job in shortage occupation (as designated by the Migration Advisory Committee), and education qualification (Ph.D. in a subject relevant to the job or Ph.D. in a STEM Subject relevant to the job).
Highly skilled workers
This route has clearly contributed to the government’s vision of post-Brexit Britain. The Global Talent Visa will be opened to EU citizens with the same eligibility as of non-EU citizens. This corresponds to the highly skilled applicants who can achieve the required level of points and have been endorsed by the relevant UK endorsement body. However, an unsponsored route for highly skilled applicants will be introduced in the longer term which will permit a small number of highly skilled workers to enter the UK without a job offer.
Lower-skilled workers
The UK’s new Points-Based immigration system will bar applicants who do not meet the skills or salary thresholds for the skilled worker route.
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How to become an approved Sponsor
An employer will need to hold a Sponsor Licence in order to access the EU labour force post-2020. If employers wish to employ a skilled national, including those from the EU who do not have a settled status under the EU Settlement Scheme, they will need a Sponsor License. A Sponsor Licence is a permission granted by the Home Office to employ foreign nationals for roles in their organisations based in the UK.
The employer will need to:
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Check if the business is eligible for a licence.
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Choose the type of licence he or she wants to apply for.
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Determine who will manage sponsorship within the business.
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Apply online and pay a fee.
Please note that the sponsorship system which currently applies to non-EEA and Switzerland will be further extended to EEA from 1 January 2021.
Difference between the proposed new Points-Based system and current PBS
Several changes are made to streamline the complexity of Point requirements and obtain UK visas.
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The minimum salary threshold has been lowered from £30,000 to £25600 per annum.
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The Regulated Qualification Framework level has been reduced from level 6 to level 3. This entails people to be sponsored in the following types of jobs, for instance, dental and medical technicians, IT operation technicians, and potential managers for different types of businesses that were formerly impossible.
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If an applicant earns less than the required minimum salary thresholds but not less than £20,480, the applicant might be eligible for UK visas if he or she demonstrates a job offer under a specific shortage of occupation.
UK’s Graduate Immigration Route
Graduate Immigration Route (GIR) is a new immigration route which will be available to international graduates to stay in the UK for 2-years post-study. During this period, successful applicants will be eligible to stay in the UK, undertake a job, and work for two years after graduation. This immigration route will be implemented in the summer of 2021.
Other Visa Options
The investor, business development, and talent visas will be opened to EU citizens. Further Initiatives will be taken in order to provide businesses with additional flexibility.
The Verdict
Are you an employer and concerned about the potential consequences of the British exit from the European Union or the impact of the expansion of the Points-Based system on your business? Look no further than A Y & J Solicitors which is a boutique UK Immigration firm with 10+ years of experience recommended by Legal 500. Our qualified immigration solicitors will take a genuine interest to guide you on the upcoming transition from the freedom of movement to the Point-Based system and the introduction of new immigration routes.
Get in touch with our experienced immigration lawyer if you are planning to move to the UK in 2021. For further information about our immigration service, please email us at [email protected] or Whatsapp us on +44 7448 5656 70.