Our Immigration Law Academies are a one-stop-shop for learning about the future immigration system. New UK immigration rules will come into law that prioritises the skills a person has over where they come from. Existing employees with upcoming visa expiries, and prospective employees due to start work next year may be eligible for an expanded range of non-sponsored immigration categories under the new system. Please contact customerservices@lexology.com. Details of how the new immigration system will operate from 1 January 2021 have been published by the Home Office in a Policy Statement.As expected, EU nationals relocating to the UK from 1 January 2021 will be subject to the new system on the same footing as non-EU nationals. Adapting early will give your recruitment team confidence they understand the new processes, saving the business headache, time and money. :: Listen to the Daily podcast on Apple Podcasts, Google Podcasts, Spotify, Spreaker. This can lead to missed opportunities and mistakes that are stressful, costly and time-consuming to deal with. The information in this article is provided as part of Legal-Island's Employment Law Hub. The most highly-skilled workers, who can achieve the required level of points, will be able to enter the UK without a job offer if they are endorsed by a relevant and competent body. Businesses will need to familiarise themselves with the implications of the end of free movement and the new immigration system to avoid losses in productivity and talent, as well as minimising cost. Home Secretary @patel4witham is pushed on who will be able to come to the UK under the government's points-based immigration system.She tells #KayBurley it's "firm" and "fair" and is "based on the skills and the talents you have to offer".More here: https://t.co/qvfxTCFnug pic.twitter.com/c9E9s9n9qC, You'll likely need to earn more than £25,600. With a wide-range of webinars coming up this month, register for free and hear from legal experts covering the most poplar topics from around world. Inform your current EEA/Swiss employees and their family members about their eligibility for the EU Settlement Scheme and British citizenship. Questions? The Home Office sets stringent compliance standards for employers of migrants, and once they have been breached, it is often impossible to correct them retrospectively. 028 9027 1722 Given the significance of the changes from 1 January 2021, we anticipate a rush of sponsor licence applications from employers who will need to recruit skilled EU workers from the start of next year. Review HR processes to ensure that compliance standards are met. If migrants earn less than this - but no less than £20,480 - they may still be able to come to the UK by "trading" points earned on specific characteristics against their lower salary level. Specialist occupations, ministers of religion and sportspeople are also allowed to come to the UK under a range of existing immigration routes, which will also be widened to apply to EU citizens as well as non-EU citizens. The ability to speak English to a certain level. Making sure your employees are aware of their eligibility for Pre-Settled or Settled Status under the scheme, and thinking about the timing of upcoming moves of EEA nationals to the UK can save money in the long term. The government has unveiled details of its new immigration system, which will come into force on 1 January next year. With more non-sponsored working routes set to be introduced, including a new route for Hong Kongers, companies should be aware of the immigration options available to their current and potential employees. As well as lowering the minimum salary threshold, the government is also lowering what counts as "skilled" from a graduate-level to an A-level qualified job. Delays to new hires and early mistakes in recruitment processes can lead to additional cost and missed compliance duties. At Cleaver Fulton Rankin, we are able to assist you in this process of obtaining a sponsor licence with the Home Office. Home Secretary Priti Patel hailed the new scheme as an "historic moment" following Britain's exit from the EU, which will bring to an end the bloc's free movement rules in the UK. The UK’s tiered system for non-EU migrants is limited to a minimum salary threshold or for ‘exceptional talent’ applicants. It should be noted over 30,000 companies in the UK already hold a sponsor licence with the Home Office for hiring global talent. However, prior to being able to sponsor an EU or non-EU citizen, employers must have in place a sponsor licence with the Home Office. We can also arrange bespoke training sessions for your HR team to upskill them in carrying out compliant checks or do keep a look out for our event on right to work checks in December. Employers should take action now to prepare for the new immigration system, Global Immigration Mobility: Brexit the UK’s new Point Based System. Those who meet the three required conditions but don't earn more than £25,600 can still earn the 70 points needed to be granted a visa. Where employers recruit from either the EU or outside the EU, they will need to submit an application to sponsor these workers under the new system, currently called Tier 2. c.mccrory@cfrlaw.co.uk, If there's anything you'd like to ask us, just fill in the form on the contact us page:Contact Legal Island, © Copyright 2020 | Legal-Island, Island House, 5 Steeple Road, Antrim, BT41 1DN | Tel: 028 9446 3888. Always. or email For EU citizens arriving in the UK from 1 January 2021, they will be subject to new UK immigration rules. Hear directly from leading legal experts this month. How will it work? Not only will this allow for improved recruitment strategies, but the absence of fees specific to sponsorship means that these routes can be cheaper. This will earn 20 points. HR teams need to stay on top of COVID-19 right to work compliance to avoid being exposed to illegal working penalties. Home Secretary, Priti Patel has indicated “We’re ending free movement, taking back control of our borders and delivering on the people’s priorities by introducing a new UK points-based immigration system, which will bring overall migration numbers down” According to the Home Secretary the introduction of the new immigration system from 1 January 2021 will ensure that the UK “will attract the brightest and the best from around the globe, boosting the economy and our communities, and unleashing this country’s full potential.”. Due to free movement ending, the new system will apply to EEA and Swiss (‘EEA’) nationals as well as non-EEA nationals. A total of 70 points will need to be achieved in order to apply formally for a visa to the UK. Potential migrants to the UK will have to score 70 points on the new system in order to qualify for a visa. Artists, entertainers and musicians will continue to be allowed to perform at events and take part in competitions and auditions for up to six months. From January 2021, the minimum salary required for migrants coming to work in the UK will be reduced from £30,000 to £25,600. ", Please use Chrome browser for a more accessible video player. © Copyright 2006 - 2020 Law Business Research. This is aimed at addressing the fears of employers such as fruit farmers, who say a clampdown on low-skilled workers could leave them without enough staff to pick their crops each summer. This article has been produced for general information purposes and further advice should be sought from a professional advisor. Keep a step ahead of your key competitors and benchmark against them. The government is also promising a fast-track visa scheme for foreign doctors and nurses to work in the NHS as part of the immigration overhaul. Interestingly if a migrant earns less than the required minimum salary threshold above but no less than £20,480 they may still be able to come to the UK with the appropriate visa if they can demonstrate that: In effect, the new PBS system is proposing that applicants will be able to ‘trade’ characteristics such as their specific job offer and qualifications against a salary lower than the minimum salary or the ‘going rate’ in their field. The government says the new points-based system will treat EU and non-EU citizens equally and aims to attract people who can contribute to the UK's economy. The existing routes for sponsoring workers will be significantly reformed. Enter your registered email address below and we will send you a link to reset your password. To hire the likes of an engineer, IT professional or accountant from outside the EU a sponsor licence is required with the Home Office aligned to your organisation. The EU8 refers to Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia. All UK employers have a responsibility to ensure that their employees have the right to work in the UK before they start work and throughout their employment. If migrants earn a salary above £25,600, they will earn the 20 extra points needed to get to the required 70-point level. Upskill your HR team on sponsor licence management and the requirements of the new system. If you need to explore the options that might be available to existing workers and new hires under the new regime, get in touch with our immigration team. Before October 2020 to ensure that a new or expanded licence is obtained before the new system goes live. As an indication, you can view our training brochure here. If prospective migrants hold a PhD in a subject relevant to their job they will earn an extra 10 points. The below timeline outlines the areas that employers need to consider and suggests timeframes for taking action. There will also be lower salary thresholds and the introduction of ‘tradeable’ points-scoring criteria. Employing migrant workers in the UK from 1 January 2021: Are you sponsor licence ready? Get to grips with the new system. How to apply for a Tier 2 Sponsor Licence, Why All Businesses Now Need to Understand the UK Sponsor Licence System. You'll no longer need to be skilled to graduate level. Contact telephone number is She said: "We will attract the brightest and the best from around the globe, boosting the economy and our communities, and unleash this country's full potential. Get in touch with a member of our Immigration team to discuss putting together the right tools for your business. on Spreaker. We also offer a handy compliance guide for sponsors of workers, which includes insight into how best to handle SOC code allocation and revision of skills requirements. If there's anything you'd like to ask us, just fill in the form on the contact us page: Conduct Dismissals - Key Considerations by Tribunals, Ill Health Dismissals - Key Considerations by Tribunals, Returning to the Office: Supporting and Leading Your Colleagues, Redundancy - 10 Considerations for a Fair Process, [Updated] New Job Support Scheme - Key Points, “It’s My Party...” Young People and Effective Public Health Messaging.

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