In December 2018, the Government published its White Paper on Immigration, setting out its plans for the immigration system post-Brexit. The new system will focus on the skills that people can offer, as opposed to where they come from, and aims to recognise the benefits of immigration in terms of society, culture and economy whilst maintaining the security of UK nationals.
Immigration White Paper for Employers
The White Paper makes clear that the current intention is that EU citizens who have set up home in the UK will be able to stay in the UK and have their rights protected under the EU Settlement Scheme, but that free movement will come to an end after the implementation period closes on 31 December 2020. During the implementation period current rules will continue to apply.
The Government has agreed that a mobility agreement will be discussed with the EU. The Government has suggested that:
- There should be no visa requirement for short visits;
- Citizens should not face intentions testing at the border;
- Commitments are made in respect of the provision of services, e.g. lawyers will be allowed temporary entry and stay;
- Arrangements will be explored in relation to research, study, training and youth exchanges; and
- There are arrangements in place to facilitate the crossing of borders for legitimate travel purposes.
The following is a summary of the current proposals made relevant to employers and workers.
EU citizens living lawfully in the UK
- EU citizens who have been living in the UK continuously for five years will be eligible for settled status. Those who have not lived in the UK continuously for five years will be eligible to apply for settled status after they have accumulated those five years.
- Those protected will continue to be able to work, study and establish a business in the UK and access healthcare and other benefits and services as they do now.
- Close family members of those EU citizens who live abroad may join an EU citizen at any time, provided that relationship existed before 31 December 2020.
- Workers who reside in an EU state but work in the UK will continue to be able to enter the UK to work if that work started before 31 December 2020.
After 31 December 2020…
- Any EU nationals wishing to come to the UK to live and work will be subject to the same immigration rules as non-EU nationals.
- The current system of admitting only highly skilled workers from outside the EU and workers of all skills from the EU will be replaced with a single route giving access to skilled workers from all countries. Workers will need an employer to sponsor them in order to come to the UK on this basis.
- The majority of work visas will be processed within two to three weeks. Migrants from low-risk countries will be able to apply for a work visa in the UK and will therefore not need to leave the UK to make their applications.
- There will be no cap on the numbers of skilled workers, to ensure the UK attracts and maintains the best talent and maximum benefit to the UK’s economy.
- The skilled route will include workers with intermediate-level skills at A Level or equivalent as well as graduate and post-graduate.
- The current minimum salary threshold of £30,000 may be retained but the Government will liaise with employers as to what threshold should be set.
- The resident labour market test will be abolished and employers of skilled migrants will no longer have to demonstrate that there is no suitable settled worker for a role as a condition of sponsoring a worker.
- Reporting requirements for employers will be minimised through increased sharing of employment, benefits and immigration records between the Home Office, HMRC and the DWP.
- There will be a new time-limited route for temporary short-term workers from certain low-risk countries, allowing these migrants to come for a maximum of twelve months before undertaking a cooling off period of a further twelve months to prevent these migrants from working in the UK permanently. This will enable workers of all skill levels to move between employers, offering employers flexibility as they implement changes.
- Visas for temporary short-term workers will be limited to twelve months and will not carry entitlements to access UK public funds or rights to extend a stay, switch to other routes or bring dependants.
- Applications for all visas will carry a fee and be subject to criminal record checks.
The Government has committed to making the new system as straightforward and administratively light-touch as possible to minimise time and cost for employers. However, whether this will be the case in practice remains to be seen.
Businesses are advised to:
- Consider what proportion of their workforce will be affected by the end of free movement;
- Provide access to support and information to EU nationals;
- Monitor developments; and
- Develop contingencies to account for the likely changes in relation to the immigration process.
How Nelsons Can Help
For further information or to comment on this article, please contact a member of our Employment Law team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form.