On 1 January 2021, a new points-based immigration scheme will come into place and freedom of movement in the UK will come to an end. On 9 April the UK Visas and Immigration Department published what it refers to as its “promotional material” on the matter and this post is aimed at giving you the key facts in order to start planning for the new scheme if you’re not already doing so.
EU citizens
The new scheme will mean a fundamental change for EU citizens and employers; as you know currently EU citizens have freedom of movement and have the right to reside and work in the United Kingdom. However, the scheme will not apply to EU citizens already living in the UK, or who are living in the UK by 31 December 2020. They and their family members are eligible to apply for free to the EU Settlement Scheme for either “settled” or “pre-settled” status, but must do so by 30 June 2021.
Right to work
As a transition measure, employers can continue to accept EU citizens’ passports and national identity cards as proof or right to work in the UK until 30 June 2021.
Many employers are already licenced by the Home Office to sponsor migrant workers from outside the EU under the relevant tiers of the current immigration scheme. Others, in particular those who typically employ EU citizens, should start planning now to become a licenced sponsor as a licence will be required under the new scheme to employ all, including EU, foreign nationals.
Skilled wokers
Under the new scheme anyone coming to the UK to work will need to be able to show that:
- They have a job offer from a Home Office approved sponsor.
- Their job offer is at the required skill level.
- They can speak English.
In addition:
- They are eligible to apply if they earn more than the required minimum salary threshold, or “going rate”.
- If they earn less than “going rate” (but no less than £20,480) they may still be eligible if they have a job offer in a specific shortage occupation or a PhD relevant to the job.
“General minimum salary threshold”
The general minimum salary threshold will be £25,600 however specific “going rates” for particular occupations will be published by the government. However, some applicants will be able to trade some of their characteristics (by which I mean the criteria upon which points are awarded – see below), such as their qualifications, against a lower salary.
Required skill level
In determing whether a job meets the required skill level, and is therefore a “skilled” job, a “Standard Occupational Classification” or “SOC” will be given to each job. Those employers already sponsoring migrant workers under the current scheme will be familiar with these codes and you should note that the list of SOCs will be increased to expand the list of occupations eligible for the Skilled Work route.
The current SOC codes are set out in Appendix J of the Immigration Rules.
Characteristics and points awarded
To be eligible to apply to work in the UK a total of 70 points will be required. Points are awarded as follows and you should note those characteristics, as I stated before that will be “tradeable” (marked with an asterisk):
- Offer of a job by an approved sponsor | 20 points
- Job at appropriate skill level | 20 points
- Speaks English at required level | 10 points
- Salary of £20,480 to £23,039 | 0 points*
- Salary of £23,040 to £25,599 | 10 points*
- Salary of £25,600 or above | 20 points*
- Job in a shortage occupation | 20 points*
- PhD in a subject relevant to job | 10 points*
- PhD in a STEM subject relevant to job | 20 points*
Highly skilled workers
The current Global Talent route will be opened to EU citizens meaning that the most highly skilled workers who meet the minimum points requirement will be able to come to the UK without a job offer, if they are endorsed by the relevant competent body.
Lower skilled workers
Quite simply, “there will not be an immigration route for those who do not meet the skills or salary threshold for the skilled worker route”.
Finally (for now anyway)
There is more to come on this, and more I could write, including initiatives for graduates, scientists and NHS workers. Other schemes will remain in place such as the Youth Mobility Scheme (open to citizens of Australia, Canada, Japan, Monaco, New Zealand, Hong Kong, Republic of Korea and Taiwan).
Hopefully this post has at least stimulated your thinking and for those employers who will need to become licencsed sponsored I encourage you to start the process now.