Amie Tsang – Senior Consultant, Immigration and Property, at Davis Blank Furniss – summarises the UK’s new points-based immigration system

In accordance with the UK government’s Brexit plans the following guidance has been issued by the Home office.

From 1 January 2021, free movement will end and the UK will introduce a points-based immigration system. The new system will treat EU and non-EU citizens equally and transform the way in which all migrants come to the UK to work.

Under a points-based immigration system, points are assigned for specific skills, qualifications, salaries and shortage occupations. Visas are then awarded to those who gain enough points.

The points-based system will provide simple, effective and flexible arrangements for skilled workers from around the world to come to the UK through an employer-led system.

This represents a significant change for employers in the UK, who will need to adapt. Employers will need to become a Home Office approved Sponsor. There is policy guidance on sponsoring a migrant worker available. This guide provides an overview of the new system and sets out the steps employers can take to prepare.

EU citizens already living in the UK

The new system will not apply to EU citizens living in the UK by 31 December 2020. They and their family members are eligible to apply to the EU Settlement Scheme and have until 30 June 2021 to make an application.

As a transition measure, employers can continue to accept the passports and national identity cards of EU citizens as evidence of their right to work up until 30 June 2021.

Skilled workers

From 1 January 2021, anyone coming to the UK to work will need to demonstrate that:

  • they have a job offer from a Home Office approved sponsor
  • the job offer is at the required skill level – RQF 3 or above (A Level and equivalent)
  • they speak English

In addition to this:

  • if they earn more than the required minimum salary threshold they are eligible to make an application
  • if they earn less than the required minimum salary threshold, but no less than £20,480, they may still be eligible if they can demonstrate that they have a job offer in a specific shortage occupation or a PhD relevant to the job

Anyone coming to work in the UK will need to be paid the higher of the specific salary threshold for their occupation – the ‘going rate’ – and the general salary threshold. However, some applicants will be able to trade characteristics, such as their qualifications, against a lower salary. The general minimum salary threshold will be £25,600. A total of 70 points is needed to be able to apply to work in the UK

Should you require further advice do not hesitate to get in touch to discuss how we may help. You can email me via amie.tsang@dbf-law.co.uk or call me on 0161 832 3304

 

 

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