The UK’s New Points-Based Immigration System

From 1st January 2021, the UK will introduce a new, employer-led, points-based immigration system to replace free movement as we leave the EU. This will transform the way in which all migrants come to work in the UK. In preparation, the Home Office has released guidance for employers.

This new system excludes EU citizens that are living in the UK by 31st December 2020, however, they can make an application to the EU Settlement Scheme by 30th June 2021.

New points-based immigration system – Advice for employers

Visa applications

Applicants will be able to apply for a visa from autumn 2020. Those who come to the UK as a visitor will not able to apply for a visa to work once they are in the country. Visas will be awarded to those who gain enough points for specific skills, qualifications, salaries and shortage occupations. All jobs will have a code to identify whether they meet the required skill level.

From 1st January 2021, unless a candidate is regarded as a highly skilled worker, anyone coming to the UK to work will need to demonstrate that:

• They have a job offer from a Home Office approved sponsor;
• The job offer is at the required skill level – RQF 3 or above (A Level and equivalent); and
• They speak English.

Additionally, to make an application they will need to demonstrate at least the following:

• That they earn more than the required minimum salary threshold, which is generally £25,600; or
• That they have a job offer in a specific shortage occupation or a PhD relevant to the job, if they earn less than the required minimum salary threshold but no less than £20,480.

Sponsor licence applications

If employers are not currently approved to be a sponsor by the Home Office, they will need to apply to the Home Office to obtain a licence if they think that they will want to sponsor skilled migrants. Employers will need to:

1. Check their business is eligible.
2. Choose the type of licence required (Tier 2 for skilled workers with long term job offers and/or Tier 5 for skilled temporary workers).
3. Decide who will manage sponsorship within the business and will be responsible for managing the sponsorship process.
4. Apply online and pay a fee depending on the type of licence required and size of the business.

Specific details of the sponsor application process can be found here.

We will be monitoring this situation and will keep this blog updated with any developments.