From 1 January 2021 the UK will adopt a new points-based immigration system that will see EU and non-EU citizens treated equally when applying for visas.
The new system will allocate points for individual qualifications, skills, salaries and shortage occupations and those seeking to come to the United Kingdom to work will only be granted visas once they are able to show that they have collected the required points.
People who wish to work in the UK as a skilled worker will need to demonstrate the following:
Job Offer –have a job offer from a Home Office approved employer;
Skill Level – the job offer is at the required RQF 3 or above skill level;
Language – can speak English;
Minimum Salary Threshold – they earn more than the required minimum salary of £25,600 or the appropriate rate for that specific job as set by the Government; or
Shortage Occupation – if they are unable to show that they earn more than the required minimum salary threshold but can demonstrate a salary of at least £20,480, approval may still be granted where the job offer is in a specific shortage occupation.
A minimum of 70 points will be required to be granted with leave to enter / remain to work in the UK. The points granted for each element is as follows:
|
Characteristics |
Tradeable |
Points |
|
Offer of job by approved sponsor |
No |
20 |
|
Job at appropriate skill level |
No |
20 |
|
Speaks English at required level |
No |
10 |
|
Salary of £20,480 to £23,039 |
Yes |
0 |
|
Salary of £23,040 to £25,599 |
Yes |
10 |
|
Salary of £25,600 or above |
Yes |
20 |
|
Job in a shortage occupation as designated by the Migration Advisory Committee |
Yes |
20 |
|
Education qualification: PhD in a subject relevant to the job |
Yes |
10 |
|
Education qualification: PhD in a STEM subject relevant to the job |
Yes |
20 |
Employers will be required to submit an application to the Home Office for the status of an approved sponsor if they want to recruit workers from outside the UK from 01 January 2021. To make an application, employers will need to fulfil the following:
- • Eligibility – demonstrate that they do not have any unspent criminal convictions for immigration offences, fraud, money laundering and other specific crimes;
- • Skill Level – check that the job meets the required skill level which can be done using the Standard Occupational Classification (“SOC”) code and Appendix J of the Immigration Rules;
- • Type of Licence – consider whether they need to apply for either a Tier 2 licence (skilled workers with long-term job offers) or a Tier 5 licence (skilled temporary workers);
- • Appoint – appoint specific people to manage the sponsorship process using the Sponsorship Management system (“SMS”). The roles included an Authorising Officer, a Key Contact and a User; and
- • Apply – pay a fee, the cost of which will vary depending on the type of licence being applied for and the size of the businesses.
EU nationals residing in the UK are eligible to apply for a residence card under the EU Settlement Scheme and will have until 30 June 2021 to submit their application. This will mean they are excluded from the new points-based system and will have leave to remain in the UK subject to the conditions of the Scheme being met.
Companies / employers who are looking to employ people from outside the UK are advised to apply and become an approved sponsor. The application process can take between 8 – 12 weeks and it is recommended to start the process now.
