Boris Johnson and the Conservative party have published the details of the UK’s new immigration system which will come into force from 1st January 2021.
As we previously reported, the new system will adopt an Australian style points-based system which will aim to lower the amount of low skilled migrant workers (both EU and non-EU citizens) in the UK, whilst still ensuring that businesses in the private and public sectors can meet their skills requirements.
The new Immigration Act will mean both EU and non-EU citizens are treated the same as from the beginning of next year.
The key aspects of the new points-based immigration system outlined by the Government which will impact UK businesses are as follows:
- The system will limit the number of low skilled migrant workers and will focus on UK businesses employing overseas employees for more higher skilled job roles – such as doctors and scientists.
- Those looking to enter the UK from the EU will be allowed to visit for six months but if they want to stay longer than this then they will need to apply for a visa.
- Non-EU residents looking to reside in the UK will be given more flexibility when applying for a visa than under current immigration laws.
- A salary threshold of £25,600 for people wishing to remain and work in the UK. Although this figure will drop to £20,480 for “specific shortage occupations” – these roles are currently specified as nurses, psychologists, civil engineers or roles which require relevant PhDs.
- The education qualification threshold for a job role will be lowered to include those educated to A-Level (or Scottish Highers) standard. The current level is degree/graduate standard.
How will the new points-based immigration system work?
An EU or non-EU resident applying for a visa to work and reside in the UK must first meet three mandatory conditions, which total 50 points and a successful application will then have to total an accumulative amount of 70 points through additional conditions outlined below.
The three mandatory conditions are:
- Having in place a job offer from an approved Home Office sponsor – e.g. an employer (20 points)
- A job offer in place at the necessary skill level (20 points)
- Speak English to a specific standard (10 point)
If a person does not meet these three conditions then their visa application will fail. If an applicant meets these three requirements then they must obtain a further 20 points from one or more of the following conditions:
- Their employment offer has a salary of:
- £20,480 to £23,039 (0 points)
- £23,040 to £25,599 (10 points)
- £25,600 or above (20 points)
- A job role in a shortage occupation (these roles are specified by the MAC) (20 points)
- Education qualifications:
- PhD in a subject relevant to their job offer (10 points)
- PhD in a STEM subject relevant to their job role (20 points)
EU nationals who already live in the UK and wish to remain
For EU nationals and their family members who are already living and working in the UK, and wish to remain residing here, they must apply for pre-settled status (those with less than five years residence) or settled status (those with five years residence) before 31st December 2020.
Comment and how Nelsons can help
These changes will take some getting to grips with and will inevitably have an effect on staffing plans and right to work checks for vast amounts of employers across the country.
For further information or advice on concerns relating to employee right to work issues, please contact a member of our expert Employment Law team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.