The proposed immigration scheme extends to all EU and non-EU nationals. EU nationals travelling to the United Kingdom on or after 1 January 2021 require a visa to be able to operate. The same applies to other nationals of the European Economic Area and Swiss nationals. This is not the case for Irish people. They’re also free to work in the UK without a visa.

For EU people who wish to migrate to the United Kingdom and their jobs, this is clearly a transition for the worse.

On the plus side, it’s easier to secure a job visa under the current regime than it was before. The required competence standard and the minimum wage have been reduced. The resident labour market test has been scrapped. Employers who have now sponsored a substantial number of foreign nationals under Tier 2 of the former immigration scheme are welcome changes.

The new rules on immigration were announced on 22 October 2020. New guidance was released on 19 November 2020.

The former immigration scheme contained a collection of visa categories called the “point-based system.” This was a point-based system in name only. A fixed set of requirements had to be met in each type of visa.

The Government has characterised the new immigration scheme as a point-based system. There are some small cases in which points can be exchanged under the current scheme, but it is no more a point-based system than the previous version.

Economic Routes to the UK

The UK Government has proposed changes to the current point-based immigration scheme (PBS) rather than a full redesign. Most of the former economic routes to the United Kingdom remain mostly unchanged, with the exception of the new General Tier 2 route, which is supplemented by a route for skilled workers.

We are awaiting more details in the form of concise guidelines on immigration, recommendations and regulations.

Currently, non-EEA/Swiss visa applicants are expected to attend in person to provide biometric details as part of their visa application. Most EEA/Swiss nationals will not have to do so under the new framework and will be able to deliver facial images through smartphones.

The government’s goal is that all nationalities will finally be able to become self-enrolled in this manner. The new structure would enable most migrants-other than short-term migrants, such as tourists and seasonal workers-to move from one immigration group to another within the United Kingdom. If applied as broadly as suggested, this will be welcomed by many employers, particularly if it is applicable in common scenarios such as Tier 2 Dependents moving to the main Tier 2 visa holder or Youth Mobility Scheme visa holders moving to a qualified worker visa.

Sponsored Routes

These are the immigration routes on which the contractor or university must hold a sponsor’s license.

The government has announced its plan to fundamentally reform systems, streamline and automate the infrastructure for users and speed things up. If this is realized, it will certainly be accepted by employers for whom the new PBS can be very complicated, time-consuming and process-intensive.

Skilled Workers Visa

This new route would replace the existing General Tier 2 route.

Process:

• Job offer needed by the UK approved sponsor
• Suspension of the annual cap for entrants
• No resident labour market test

Eligibility:

• Migrants must score 70 points. 50 of these points shall be protected by the following:
• Job offer (and sponsorship) from an authorized sponsor;
• meeting the RQF3 skill level below the RQF6 threshold currently in force under Tier 2 General;
• The English language threshold – with the broadened means by which this can be met.

An additional 20 points are required to be assessed on the basis of pay if there is a lack of occupation; and, for some occupations, if the applicant holds the relevant PhD. These points are ‘tradeable,’ but candidates should only score points for either a shortage career or a PhD:

• 20 points – wage of £25,600 or the present rate of pay, whichever is greater, lower than the current £30,000 in Tier 2 General;
• 10 pts – wage of at least £23,040 or 90 per cent of the current position cost, whichever is higher;
• 0 pts – lower pay of at least £20,480 or 80 per cent of the current position rate;
• 20 pts – occupation shortage;
• 10 points – PhD relevant;
• 10 pts – applicable PhD in the field of STEM.

New entrants would be eligible to aspire for a wage of at least £20,480 – down from the existing £20,800 – or 70% of the current position rate, whichever is greater, without needing to earn extra points. This will refer to the following:

• Under the age of 26 when applying;
• transitioning from ‘student’ or ‘graduate’ routes,
• or for some regulated occupations and job titles – progressing towards a recognised technical degree or going straight to a post-doctoral position.

Costs:

The Government has stated that the actual cost of sponsorship will remain constant, with the exception of the health surcharge on immigrants, which it intends to raise, as follows:

• a sponsorship fee of £199;
• £1,000 p/a fee on immigrant skills;
• £464-1,408 visa fee;
• 400 p/a wellness surcharge for immigration
• Visa and immigration health surcharges will also be payable for dependents.

Settlement:

As is currently the case for Tier 2 General, the time spent on this route will be counted against an indefinite leave application.

Employers would support the suspension of the annual cap on entrants and the elimination of the resident labour market test. Both also greatly improved the difficulty and timing of the recruitment of migrants in the United Kingdom.

These reforms could lead to a rise in the number of applications from overseas for qualifying UK positions. Employers must be mindful of prejudice based on preference decisions, with the expense and difficulty of sponsorship unable to warrant the rejection of a candidate on its own.

Visa for Health & Care

Part of the future career of a skilled worker will refer to people employed in qualifying health professions with a job offer from the National Health Agency; the social care sector; or employers and organisations providing services to the National Health Agency (NHS).

• Eligible people will benefit from the following:
• Quick-track entry;
• reduced fees for applications;
• Dedicated support for applications; and
• Exemption from the health surcharge on visas.

There has been some criticism of the limited roles eligible for this pathway, in particular the omission of home care workers and those delivering home care. The Government also revealed that non-eligible front-line employees would have to pay a health surcharge for immigration, but can profit from a rebate programme, the details of which are to be verified.

Visa for intra-company transition (ICT)

This is an existing route for overseas group staff to be relocated to the United Kingdom. Its qualifying requirements are not set to change.

Process:

• Job offer needed by the UK approved sponsor
• No resident labour market test

Eligibility:

50 points scored by:

• Job offer (and sponsorship) from UK licensed sponsor, with applicable overseas continuous service requirements, satisfied;
• Payment of £41,500 or greater (£23,500 as a graduate trainee)

Financial maintenance conditions are expected to continue as currently applicable.

Costs:

• £199 sponsorship charge;
• £1,000 p/a immigration skills charge;
• £482-£1,408 visa fee;
• £400 p/a immigration health surcharge

One major shift is that of flipping. Currently, ICT migrants seeking to migrate to Tier 2 General must leave the United Kingdom, wait for a 12-month cooling-off time and then apply for re-entry to the United Kingdom, perhaps after a resident labour market exam has been carried out. Under the new scheme, these migrants will be able to migrate to a skilled worker’s route in the region. Employers wishing to keep those migrants at their disposal past the full visa period would be accepted.

Student Visas

The current Tier 4 student route is not supposed to change. However, students will be eligible to apply for a visa six months before the start of their course. This is expected to be accepted by students and universities alike.

• Other relaxations will also be carried out, including:
• No time limit for study at the post-graduate level provided that the student progresses academically;
• The willingness of university donors to evaluate the applicant’s education and English language skills.

University sponsors will be subject to a new provision to maintain student participation records in place of existing attendance tracking tasks.

A new graduation route will also be added, for more of which see below

The remaining funded divisions, such as those for athletic, creative and charitable roles, continue to remain unchanged.

Non-Sponsered Routes

Unsponsored roads are open to migrants without a job offer.

Highly Skilled Visa

A new path is planned for a small number of the most technically educated professionals to move to the United Kingdom without a job offer. It will not be phased out from 1 January 2021, but likely later in 2021.

Graduate Visa

Another new path, to be unveiled in the summer of 2021, would give foreign students the chance to remain in the United Kingdom for work or work after they have graduated. Frustratingly,  don’t have any more details on whether this will open up.

Eligible People:

International students with valid leave as Tier 4 (General) Student or Student at the time of registration and who have successfully completed a degree at or above undergraduate level with a UK higher education provider.

Duration of Leave:

• Two years of undergraduate and master’s degree students
• Three years for students of PhD

Settlement:

Time spent on this path may not count against a possible indefinite leave to be retained, although people will be allowed to turn to a category that may lead to a settlement.

This would be a convenient path for businesses, as graduates can be started without funding. It would inspire talented talent to stay in the UK, helping to make UK universities more competitive and appealing to the global market.

Graduates may have the following choices available to them, based on their specific circumstances:

• a qualified worker visa if they have a job offer;
• Returning to the United Kingdom as ICT after living abroad;
• Latest Graduate Visa;
• Another non-sponsored route to which they are eligible.

Other Unmodified Visa Routes

The range of remaining unsupported routes will remain relatively unchanged, including global talent; start-ups and innovators; youth mobility schemes; and tourist visas.