On the 13th July 2020, the UK Government revealed further details about its new points-based immigration system and how the UK’s current immigration process will change once the freedom of movement with the European Union (EU) ends.
Here we outline the major changes and explain what you should expect if you intend on employing non-EU workers in the future.
When Should We Expect Change?
The new rules will be implemented as of 1st January 2021.
What is the New UK Immigration System?
Working rights of EU citizens entering the UK will be changing next year as a modified ‘Points-Based System’ looks to extend and amend current legislation to include anyone who is not British or Irish.
Although there will be many changes (as outlined below), visa applicants will still need to demonstrate English language abilities and partake in necessary checks to ensure they do not have a criminal past.
Existing sponsored workers will be protected, and immigration compliance will continue to be monitored by the Home Office.
Currently, there is no new provision for people who are self-employed.
How Is This Different to the Existing System?
Currently, there is a ‘Points-Based System’ for non-EU workers, but this will be extended to apply to anyone who is not British or Irish.
The existing system has an annual cap of 20,700 sponsored workers entering the UK, but this will be suspended in 2021.
Employers will also soon be able to recruit EU and non-EU workers for lower skill level jobs. For example, positions that require an equivalent of A-levels and above, rather than the degree and above which was previously mandatory. However, this should not prevent a graduate from undertaking a job which requires fewer skills.
Lower skills mean less pay, so there will be a corresponding drop in the minimum salary from £30,000 to between £20,480 and £25,600 (determined on a case-by-case basis).
As they do now, general exemptions will apply to the new standard thresholds, for example for those who are only starting out in their careers. More experienced individuals will also be exempt from higher general thresholds if their role appears in the Government Shortage Occupation List and/or where the role is deemed to be PhD level.
Previously, there was a resident labour market test which was a compulsory step requiring employers to assess whether a UK or settled worker could undertake a role, before it was offered to a non-EU candidate. However, this will now be abolished. Recruiters hope this will speed up the process and enlarge the pool of suitable talent.
Finally, there will be a number of new routes introduced, including a Health and Care Visa, the Global Talent Scheme for scientists and researchers, and a non-extendable Graduate Route. Additionally, pathways to citizenship will be improved for overseas British nationals resident in Hong Kong as well as their immediate family members. The Home Office is committed to streamlining the application process for all visas and hopes to reduce the time they take to process.
Visa provisions for non-EU visitors will remain, and from January 2021 EU visitors will be permitted entry for up to six months without a visa. However, no form of employment will be allowed during this period.
Although not introduced in the new year, there are plans for a new highly skilled worker route which will not require any form of sponsorship.
Are You Considering Recruiting from Abroad?
If you are an employer and believe the new rules will affect how you recruit new staff, it is important to take the following steps:
- Audit your organization to forecast any skills gaps or future people requirements.
- Apply for a sponsored license now in preparation for the new January 1st regulations and to avoid any recruitment delays in the new year.
- Ensure any international recruitment sites you use are registered with the Home Office.
- Encourage any staff you take on before the end of 2020 to register for pre-settled status with the EU Settlement Scheme.
Howells Can Help with Any Employment Questions You May Have
Whether it’s regarding the new immigration laws and how this influences recruitment or another area of employment law, our experienced and friendly team of solicitors can take you through the dos and don’ts, as well as answer any specific questions you may have. Get in touch today!
