Month: December 2020

UK Immigration Rules For Workers, Students & Individuals

From 1 December 2020, foreign nationals who want to work or study in the UK, now need to follow a revised set of immigration rules in order to be granted a visa by the Home Office. The UK immigration rules experienced some significant changes from this date, the most fundamental being the proposed extension of the revised Points Based Immigration System to EU nationals from 1 January 2021 which will essentially result in EU and non-EU citizens who want to live, work and study in the UK being treated equally.

If you want to live, work or study in the UK from January 2021 it’s time to learn about the new immigration opportunities available to you. In this article our immigration experts explain the key considerations for individual migrants to help you proactively plan your next chapter in the UK.

The main UK immigration rules after Brexit for workers

Once the Brexit transition period ends on 31December 2020, EU nationals will join non-EU nationals in requiring permission to come and work in the UK through the revised Points Based Immigration System which was introduced on 1 December. This means that a UK employer will require a Sponsor License to hire any foreign worker who will, in turn, require a Certificate of Sponsorship (from the prospective employer) to enable them to apply for a visa to work in the UK.

The revised Points-Based Immigration system introduced a new matrix of qualification, salary and language criteria that have changed the type of job you can apply for in the UK. There are a number of different immigration routes for non-UK citizens wanting to work in the UK after Brexit and each requires a different kind of visa. The main routes are:

• Skilled Worker route (previously Tier 2 General)
• Intra-company Transfers
• Graduate Visa route (expected mid 2021 for those graduating in the UK)

An experienced immigration consultant can advise which route is right for you.

Immigration route for Skilled Workers

The revised Point Based Immigration System re-modelled the generic route for those seeking to work in the UK and re-named it the Skilled Worker route. This route requires individuals to meet a set of mandatory criteria to make up 50 of the required 70 qualifying points including having a job offer for an eligible role, being paid the “going rate” for the job and meeting the relevant English language requirement; they will then need to make up the remaining 20 points through a combination of their qualifications, experience and salary which are being referred to as “tradeable” attributes.

If an individual meets the relevant criteria and points threshold, they will obtain a Skilled Worker visa which can be extended and will eventually lead to settlement or permanent residency. It will also be possible to “switch” into this category in-country from a wider set of immigration categories.

The criteria for a Skilled Worker visa

From 1 January 2021 people coming to work in the UK from anywhere in the world, excluding Irish Citizens, need to comply with UK immigration rules and demonstrate that:

• they have a job offer (ie a Certificate of Sponsorship or COS) from a Home Office licensed sponsor
• the job offer is at the required skill level – RQF 3 or above (A Level and equivalent)
• the salary for the job meets the required minimum threshold of £25,600 or the “going rate” for that job
• they speak the required level of English
• they can accumulate at least 70 points for their attributes

In addition to meeting the mandatory criteria, there are some attributes that applicants can “trade” to ensure they obtain the required 70 points and become eligible to work in the UK. For example, the salary could be lower than the minimum threshold (but no less than £20,480) if the prospective employee has a PhD relevant to the job.

There are some allowances made within the Skilled Worker route for lower-skilled jobs through the shortage occupation scheme if the individual can accumulate 70 points, and the Youth Mobility Scheme which allows young people from a shortlist of countries to work and travel in the UK without a sponsor. Please consult your immigration consultant who can offer guidance based on your individual circumstances and the new UK immigration rules after Brexit.

Applicants will have to wait about three weeks to find out whether their application has been successful. This timeline may be subject to delays during early 2021 as the revised Points Based Immigration System comes into play for EU nationals so we recommend you get started on your application with your immigration consultant as soon as possible.

Immigration route for Low Skilled Workers

Under the revised UK immigration rules after Brexit there is still no immigration route or visa category for Low Skilled Workers such as receptionists, retail assistants, waiters, hairdressers etc. The only people allowed to do low skilled jobs in the UK will be:

• British citizens
• Irish citizens
• and other people who have permission to work in the UK through another route – for instance, EU citizens who are already living in the UK and have been granted pre-settled or settled status under the EU Settlement Scheme.

Immigration route for Students

The UK’s existing Tier 4 (General) student was replaced by, or renamed as, the Student Visa as part of the revised Points Based Immigration System for International Students which took effect from 5 October and will apply to EU nationals from 1 January 2021.

If you are a foreign national and plan to study in the UK from 1 January 2021, you can apply for a Student Visa if you’re 16 or over and you:

• have been offered a place on a course by a licensed educational sponsor
• have enough money to support yourself and pay for your course (this amount varies depending on your circumstance)
• can speak, read, write and understand English
• have consent from your parents if you’re 16 or 17
• pay the required visa fees

If you are eligible for the EU Settlement Scheme (i.e. you or your family member started living in the UK before 1 January 2021) or you are an Irish Citizen you do not need a visa to study in the UK.

There are a number of conditions attached to a Student Visa, for example, you cannot be self-employed or claim benefits from public funds.  We recommend that you consult with an immigration consultant to receive guidance tailored to your individual circumstances and ensure your application goes smoothly.

EU citizens already working in the UK

Under the new UK immigration rules any EU citizens working in the UK by 31st December 2020 can continue their employment with no extra paperwork. They and their families must apply under the EU Citizen Settlement Scheme (EUSS) and have until 30 June 2021 to make an application. Irish citizens and certain other individuals, including those with Indefinite Leave to Remain or a claim to British citizenship (either automatically or by registration), are not required to apply under the EUSS. To be eligible each applicant must prove they:

• Resided in the UK before the end of the transition period 31^st December 2020
• Don’t have a serious criminal record

You can apply for the EU settlement scheme online or with the support of an immigration consultant; you will need to supply valid identity documents (i.e. passport) and a recent photograph.

Pre-Settled Status vs Settled Status

Most EU citizens who have lived in the UK for more than 5 years can apply for “settled status” and eventually apply for British Citizenship. If you’ve lived in the UK for less than 5 years you will be granted “pre-settled” status and need to complete the 5-year continuous residence period to obtain “settled status”. Once you have “settled status” you can work in the UK, study in the UK, access the NHS and (if eligible) access benefits and pensions.

When do the new UK immigration rules apply?

Free movement for EU nationals will end at 11pm on 31 December 2020 and the revised Points-Based Immigration system, introduced on 1 December (5 October for International Students) will take effect from 1 January 2021; from this date all foreign national (excluding Irish citizens) must follow the new immigration rules to work or study in the UK.

Book a free 30-minute consultation with an immigration expert

If you are a foreign national and have plans to work or study in the UK in 2021, get prepared and start a conversation with an immigration specialist now. At The Yellow Halo, we recognise the need for straightforward immigration advice, particularly with the fundamental changes being caused by Covid-19 and Brexit, and we offer competitive fees with no compromise on expertise, ethics or quality of service. Please get in touch to discuss your individual immigration circumstances and requirements and book your free 30 minute consultation with our immigration experts.

The New UK Points Based Immigration System – An Introduction For Employers

The UK government have created a new Points Based Immigration System and it comes into effect on January 1^st, 2021; whether your business currently employs overseas staff, or has aspirations to do so, it’s time to be proactive and familiarise yourself with this new system. As predicted, Brexit is going to impact on how UK business hire workers from the EU and they must safeguard their legal position through accurate training, audit, and compliance.

In this article our business immigration experts highlight the key considerations within the new immigration system for UK employers and their employees.

What’s different about the new Points Based Immigration System?

The UK Points Based System was introduced in 2008, principally to replace the old “Work Permit” scheme and applied to UK employers and their prospective overseas employees from outside the UK and EEA (European Economic Area). However, from 1 January 2021, every new hire from outside the UK, including EEA nationals, needs to have permission to work in the UK through the Points Based Immigration System. The new system will effectively treat EU and non-EU citizens equally.

In short, this means that a UK employer will require a Sponsor License to hire any overseas worker and the prospective foreign employee will require a Certificate of Sponsorship (from the prospective employer) to enable them to apply for a visa to work in the UK. In addition, for employers, the new points-based immigration system will introduce revised job, salary and language requirements that will change the way you hire from the EU.

When does the new system start?

Free movement for EU nationals will end at 11pm on 31 December 2020 and the new Points-Based Immigration System takes effect from 1 January 2021; from this date employers need to have a Sponsor Licence to hire most workers from outside the UK. This does not apply to Irish citizens.

Changes for existing Tier 2 Sponsors

The Tier 2 (General) Sponsor Licence route will be replaced by the Skilled Worker route, however, if you are an existing Tier 2 Sponsor you will automatically be granted a Skilled Worker Licence. The Skilled Worker route opens up new possibilities for employers as some previously excluded roles are now available for sponsorship. For example, the required skills level has been lowered from degree level (RQF 6) to A-level equivalent (RQF 3).

The Tier 2 Intra-Company Transfer route will remain in place with some adjustments and existing holders will also keep that licence.

The Skilled Worker route

Under the new Points-Based Immigration System the general route to come and work in the UK is via the Skilled Worker route. People coming to work in the UK from anywhere in the world, excluding Irish Citizens, need to demonstrate that:

• they have a job offer (CoS – Certificate of Sponsorship) from a Home Office licensed sponsor
• the job offer is at the required skill level – RQF 3 or above (A Level and equivalent)
• the job offer is at the required minimum salary threshold of £25,600 or the “going rate” for that job
• they speak the required level of English for the job
• they can accumulate at least 70 points

In addition to the above attributes, there are more that applicants can trade to ensure they accumulate at least 70 points for their attributes (E.g. qualifications) and become eligible to work in the UK; it’s recommended to consult with an immigration expert about your individual immigration circumstances and requirements. At The Yellow Halo we offer a free 30-minute consultation to answer any questions you may have – please get in touch to book yours.

How to become a licensed Sponsor

If your business doesn’t currently hold a Tier 2 Sponsor Licence but you may need to recruit from outside of the UK beyond 1 January 2021, we recommend you start the application process for a Sponsor License now. To apply, you will need to:

• Check that your business is eligible i.e. no unspent criminal convictions
• Choose the type of Skilled Worker Licence you wish to apply for ie for long-term or temporary workers.
• Put appropriate systems in place to act as a sponsor i.e. appoint a person who will manage sponsorship within your business

It is possible to apply for your own Sponsor License and the fee you pay is dependent upon the size of your company. However, the recruitment and management of overseas staff is a complex issue requiring expert guidance to ensure individuals not only become valuable long-term business assets but, that your business remains compliant and safeguards its legal position long-term too.

At The Yellow Halo, we empower UK businesses to employ professional overseas staff ethically and legally with proactive immigration advice and we can guide you through the entire Sponsor Licence application process. Please contact our immigration experts to discuss your business immigration needs.

How long does the application process take?

It usually takes eight weeks from when the Home Office receive an application for it to be processed and a decision obtained. This timeline may be subject to delays during early 2021 as the new Points Based Immigration System comes into play so we recommend you get started as soon as possible. Once you have your Sponsor Licence you can hire skilled workers globally for an initial period of 4 years.

Who can you hire as a Sponsor?

Once you have a Sponsor Licence you can hire eligible skilled workers from anywhere in the world providing that the job you are advertising meets the minimum skill and salary thresholds in the new Points Based Immigration system. These requirements are:

• the minimum skill level will be set at RQF3 (A level and equivalent)
• the minimum salary threshold will be the higher of £25,600 or the ‘going rate’ for that job – some employees will be paid less than £25,600, for example if their job is in a shortage occupation

All applicants will be able to trade attributes, such as their qualifications, against a lower salary to get the required 70 points to be eligible to work in the UK. For example, migrant employees could be paid a salary less than the minimum threshold, but no less than £20,480, if they have a PhD relevant to the job. Your immigration consultant can provide guidance on the points-based system.

What happens to existing EU employees?

The new Points Based Immigration System will not affect any EU employees already working in the UK by 31 December 2020 and they can continue their employment with you with no extra paperwork. They and their families can also apply to the EU Citizen Settlement Scheme and have until 30 June 2021 to make an application.

The next step for employers

Although the Home Office have flagged-up the new system as “simple, effective and flexible”, it is likely to be anything but so if you have plans to hire skilled workers from outside the UK, get prepared and start a conversation with an immigration specialist now. We can manage your entire Sponsor License application, from selecting your most appropriate category to providing expert guidance on future audits and compliance; we can also advise your prospective employees on their individual application process. To discuss your unique business immigration needs in more detail, please do get in touch to schedule a complimentary immigration audit with our expert team.