POST-BREXIT CHANGES TO THE IMMIGRATION RULES

Patricia Marleau of our immigration team looks at the new UK points-based immigration system which came into effect in all its glory on 1 January 2021. Whether you are an employer wanting to recruit skilled workers from abroad or an individual wanting to discuss its options, we can help. Contact our team for advice on 01905 900919 or email patricia@bradleyhayneslaw.co.uk.

Following the end of the Brexit transition period and freedom of movement on 31 December 2020, the UK Government implemented the long-awaited new points-based immigration system which came into effect in all its glory on 1 January 2021. The system treats EU and non-EU nationals equally and aims to attract people who can contribute to the UK’s economy. Irish citizens can continue to freely enter, live and work in the UK.

Key points of interest for employers

The Tier 2 (General) visa route has been replaced by the Skilled Worker route. The main changes includes:-

• the skill threshold for the role must now be at RQF level 3 (A level or equivalent) instead of RQF 6 (degree level);
• the minimum salary threshold has been lowered from £30,000 to £25,600; where an individual will be paid less than this – but at least £20,480 – they will be able to ‘trade’ characteristics against the salary, e.g. if the job offer is in a shortage occupation or they have a PhD relevant to the role;
• it is no longer possible to include allowances and guaranteed bonuses to meet the salary threshold;
• there is no more cap on the number of skilled workers who can come to the UK;
• sponsor employers are no longer required to meet the Resident Labour Market Test;
• the 12-month “cooling-off period” and 6-year maximum length of stay under this route have been removed; and
• the £35,800 minimum salary threshold for indefinite leave to remain applications has been replaced with £25,600 or the going rate for the occupation;
• there is now more flexibility on switching, e.g. Intra-Company Transfer visa holders and Temporary Worker visa holders such as those under the Youth Mobility Scheme (ages 18-30 from specified countries) can now apply to remain in the UK under the Skilled Worker route;
• Certificates of Sponsorship (CoS) – the process remains broadly the same as before, although it should be faster and more certain; CoS are now known as ‘defined’ and ‘undefined’ CoS; and
• the 10% shareholding limit has been abolished.

As before, multinational companies can still move their workers from linked entities under the Intra-Company Transfer route. Key changes includes:-

• the 12-month “cooling-off period” has also been removed;
• the maximum length of stay under this route is up to 5 years in any 6-year rolling period or, for higher earners, up to 9 years in any 10-year rolling period;
• the minimum salary threshold of a high earner has been lowered from £120,000 to £73,900; and
• it is now possible to switch to the Skilled Worker route, although applicants still need to have been working for the sponsor for 12 months at the date of the application (except for high earners) – this is a welcoming change for employers due to the Intra-Company Transfer route not leading to settlement.

For avoidance of doubt, employers wanting to recruit EU or non-EU nationals under any of the above routes must hold a sponsor licence allowing them to do so and further requirements will need to be met. Existing Tier 2 (General) and/or Tier 2 (Intra-Company Transfer) sponsor licence have automatically been granted a new Skilled Worker or Intra-Company Transfer licence.

EU Settlement Scheme

EU nationals who arrived in the UK before 31 December 2020, and relevant family members, have until 30 June 2021 to apply for pre-settled status or settled status (indefinite leave to remain) under the EU Settlement Scheme. In the meantime, they can continue to live and work in the UK. Employers are currently not required to retrospectively check their existing EU workforce’s right to work in the UK.

Frontier Worker Permit

This route allows EU nationals who have been living abroad but working regularly in the UK before 31 December 2020 to carry on doing so. The permit is free of charge.

If you have any questions about the recent changes and/or any transitional provisions, contact our team for advice on 01905 900919 or email patricia@bradleyhayneslaw.co.uk.