UK work visas for EU nationals
EU nationals will continue to have rights of free movement until 23:00 on 31 December 2020. In order to protect and preserve their rights to live, work, visit and study in the UK, without restriction, it will be necessary to make an application for pre-settled, or settled status, under the EU Settlement Scheme (EUSS). Particular points to note are:
- The deadline to apply under the EUSS is 30 June 2021.
- From 1 January 2021, EU nationals will need to present a valid passport with at least six months’ validity when entering the UK. After 1 October 2021, EU nationals who do not hold settled, or pre-settled status, will not be able to rely on national ID cards for entry to the UK.
- From 1 January 2021, EU nationals travelling to the UK will need to obtain a visa in advance for all activities except short-term visits.
UK visas for skilled workers
Under the new UK immigration system, the Tier 2 (General) category will be replaced by the Skilled Worker route. The headline changes to the existing scheme will be the removal of the often burdensome Resident Labour Market Test (although a genuine vacancy must still exist) and the suspension of the monthly limit on eligible applicants. As a result, employers should experience much quicker end-to-end processing, saving as much as eight weeks in some cases.
The minimum skills threshold will also be reduced from the current NQF Level 6 (graduate level), to NQF Level 3 (A-level standard), opening the scheme to a broader number of occupations. To reflect the lower entry requirement, the minimum salary level has been reduced from £30,000 to £25,600 or the going rate for the job (as per the applicable Standard Occupational Classification), whichever is higher.
The English language requirement will, however, continue to apply.
In order to qualify as a Skilled Worker, applicants must obtain a total of 70 points.
A core 50 points will be earned from a job offer at the minimum skill level from a licenced sponsor, with the applicant being able to show evidence of their English Language ability.
An additional 20 points may be obtained via a “mix and match / tradeable” process, largely dependent on the salary rate offered, but also encompassing roles that are recognised as being a shortage occupation and those jobs requiring a relevant PhD-level qualification.
The new points-based immigration system
|Job offer by approved sponsor||Mandatory||20|
|Job at appropriate skill level||Mandatory||20|
|Speaks English at required level||Mandatory||10|
|Salary of GBP 20,480 (minimum) – GBP 23,039 or at least 80% of the going rate for the profession (whichever is higher)||Tradeable||0|
|Salary of GBP 23,040 – GBP 25,599 or at least 90% of the going rate for the profession (whichever is higher)||Tradeable||10|
|Salary of GBP 25,600 or above or at least the going rate for the profession (whichever is higher)||Tradeable||20|
|Job in shortage occupation as designated by the Migration Advisory Committee||Tradeable||20|
|Qualification: PhD in subject relevant to the job||Tradeable||10|
|Qualification: PhD in a STEM subject relevant to the job||Tradeable||20|
*You must meet all mandatory characteristics to qualify whereas other characteristics are tradeable to reach the 70 point threshold.
Talk to the UK visa and immigration experts.
Intra-company transfers to the UK
The Intra-Company Transfer route replaces the current Tier 2 (ICT) category, but the criteria remains largely unchanged. Eligible applicants must have been employed for at least 12 months (unless a “high earner”) at the overseas sending company before being transferred to the UK. Previous employment criterion is reduced to three months in the case of a graduate intra-company trainee.
The UK role must be at NQF level 6 and meet the minimum salary threshold of £41,500 pa (or £23,000 pa for a graduate intra-company trainee). The eligibility requirements are therefore at a higher threshold than those of the Skilled Worker route, although the concession of not having to evidence English language is a key differentiator. The Intra-Company Transfer category doesn’t lead to settlement and the combination of these criteria significantly diminishes the attraction of this route to UK employers as a result.
The key welcome change to the ICT route is that migrants will now be able to switch into the Skilled Worker route from within the UK (including those in the UK prior to the rule change).
Uk visas for graduates
Expected to launch in the summer of 2021, a new Graduate route will allow international students to extend their stay in the UK following the completion of their studies. This scheme mirrors the previous Post Study Work Visa that was abolished in 2012, allowing recent graduates to take employment at any skill level, with the ability to later switch into a sponsored work route. For undergraduate and Master’s degree students, this will be limited to a two-year visa and PhD students will benefit from up to three years. The key points of this scheme are:
- No employer sponsorship.
- The graduate will be able to work at any skill level.
- No maintenance requirement.
- No additional English language requirement.
- Ability to switch into skilled worker routes.
Talk to the UK visa and immigration experts.
Highly skilled workers
This unsponsored route is currently the subject of Migration Advisory Committee consideration and, once open, will permit the entry of a limited number of highly skilled workers without a secured offer of UK employment.
Employers will need to act now if they intend to employ workers from EU member states from 1 January 2021. With a marked increase in sponsor licence applications in the run up to year-end, processing times are increasing, which will have an impact on business recruitment activities in the new year.
For those who already hold a sponsor licence, consideration should be given to ensuring that the licence is fully up to date, there are sufficient Certificates of Sponsorship available for allocation and whether all overseas entities — including all European locations — have been added.
In addition, with EU nationals being treated the same as all other migrant workers, there will need to be shift in approach with recruitment practices, right to work processes, associated documentation and how sponsor licence compliance obligations are managed to accommodate.