A cornerstone of the Government’s Brexit negotiations was the end to free movement between the UK and the EU following the end of the transition period on 31 December 2020.
In this brief article, we take a closer look at the new immigration system in place in the UK.
Skilled Worker Visas
The aim of the points-based system is to give priority to migrants of the highest skillset level. To qualify for a Skilled Worker visa (which has replaced the Tier 2 (General) work visa) an individual needs a minimum of 70 points before they can apply for the visa.
It is mandatory that they:
- have a job offer from a licensed sponsor (see below) (20 Points);
- have a job offer which is at least skill level 3 on the Regulated Qualifications Framework (RQF), i.e. A Level or equivalent (20 Points); and
- meet the English language requirement (10 Points).
In addition to these “mandatory” requirements, applicants are also able to trade the following characteristics to get to the number of points required:
|Salary of £20,480 to £23,039 or at least 80% of the going rate for the profession (whichever is higher)||0|
|Salary of £23,040 to £25,599 or at least 90% of the going rate for the profession (whichever is higher)||10|
|Salary of £25,600 or above or at least the going rate for the profession (whichever is higher)||20|
|Job in a shortage occupation as designated by the Migration Advisory Committee||20|
|Education qualification: PhD in a subject relevant to the job||10|
|Education qualification: PhD in a Science Technology Engineering or Mathematics (STEM) subject relevant to the job||20|
So, by way of example, an applicant may trade points to compensate for a lower salary if they hold a PhD in a subject relevant to the job.
Employers need a valid sponsor licence before offering to sponsor job applicants from outside the UK, in respect of whom they will need to issue a certificate of sponsorship.* This is a formal application which must be made to the Home Office accompanied by a licence fee. An employer will have to establish that it, or its business, are eligible for the grant of a licence. Once granted, the sponsor will be liable for certain charges and will have to carry out sponsorship duties, which includes rigorous monitoring and record-keeping of each sponsored individual as well as duties to update the Home Office of changes relating to its business.
If a business fails to comply with its sponsorship duties it could run the risk of having its licence revoked.
The standard processing time to be granted a sponsor licence is eight weeks, although a surge in applications is expected due to the recent change in law.
*Employers do not need to be a sponsor to recruit Irish Citizens or anyone from the resident labour market with an existing right to work in the UK. This includes EU citizens with settled or pre-settled status, and non-EU citizens with indefinite leave to remain in the UK.
The new points-based system provides some welcome simplifications from the previous Tier 2 (General) work visa that applied to non-EU citizens prior to Brexit. These include reduced skill level and reduced minimum salary requirements, as well as the end of the resident labour market test.
That said, there are significant additional costs and compliance obligations associated with the sponsor licence that many employers may find themselves subject to now that obtaining a sponsor licence is required to recruit EU citizens from outside the UK.
Employers that anticipate wanting to recruit workers through the Skilled Worker visa route should consider applying for a sponsorship licence without delay.
This article is provided for general information only and is not intended to be nor should it be relied upon as legal advice in relation to any particular matter. If you require specific legal advice on any issue relating to employing workers from outside the UK, we at Burlingtons Legal LLP will be able to assist. Please contact us on +44 (0)20 7529 5420 to arrange a consultation.