The "new" points-based immigration system will apply to EU and non-EU citizens wanting to work, live and study in the UK from 1 January 2021. It will not affect the parts of the Immigration Rules relating to spouses, other family members or UK Ancestry routes (although those parts will cover EU, EEA and Swiss citizens from 1 January 2021).
The key changes are:
New Skilled workers route (all employers who wish to recruit people outside the UK must have a sponsor licence)
- There will be no requirement for employers to undertake a Resident Labour Market Test (RLMT).
- Discounted rates on the Immigration Skills Charge per sponsored worker per year for businesses employing more than 50 employees.
- There is no overall cap on the number who can apply for the Skilled Worker route.
- The job skill level must be at least RQF3 (A Level or equivalent). The job skill level in the current Rules is RQF6
- A Skilled worker must earn a total of 70 points in order be granted a Skilled Worker visa; 50 mandatory points and 20 tradable points. The tradable points relates to the specific characteristics against the salary. To earn 20 points, the salary of the job offer must either be the general threshold of £25,600 or the going rate for the job, whichever is higher. If the salary is less, it cannot be less than £20,480 and/or less than 80% of the going rate for the profession. However, 20 points can still be earned if, for example, the worker has a job offer in a shortage occupation or has a PhD relevant to the job.
- There will not be a general route for employers to recruit at or near the minimum wage. This is likely to have a significant impact on some sectors such as hospitality.
- More flexibility for Intra-company transfers (ICT) workers in terms of switching routes and the "cooling off" rule.
Global Talent Scheme
This visa scheme was open to applicants outside the EU from 20 February 2020. It will be open to EU, EEA and Swiss citizens from 1 January 2021. There is no cap on the number of visas issued in this category. The visa allows applicants to work in the UK if they are a leader or potential leader in one of the following fields:
- Academia or research
- Arts and culture
- Digital technology
International students (Student Route) and graduates (Graduates Route)
The route will open up to EU, EEA and Swiss citizens. The new route will build on the current point-based system route but with more leniency in some aspects. Some changes are:
- Students will be able to apply 6 months before they are due to start their course, as opposed to 3 months.
- No study time limits for students studying at a post graduate level.
The new Graduate route will be available in the summer of 2021 to international students who have completed a degree in the UK. Under this route, graduates will be allowed to remain in the UK, to find work and work at any skill level for up to 2 or 3 years. The graduates will also have the ability to switch into work routes to continue to remain in the UK after the 2 or 3 years.
UK Visitors (not to work or study)
EU, EEA and Swiss citizens as well as other non-visa nationals can enter the UK up to 6 months without applying for a visa.
Proving Immigration Status
Non-EU nationals will be subjected to the same checks by employers as currently. Employers, landlords and public service providers will continue to accept EU citizens’ passports and identity cards as evidence of their immigration status until 30 June 2021. After this date, EU, EEA and Swiss citizens will use the online service to share a code with others to prove their status.
Irish citizens
Irish citizens will continue to be able to enter and live in the UK as they do now.
Employers should ensure that they fully understand the new rules and how this will affect their hiring practices.
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