The UK's Points Based Immigration System
Alan Kitto
From 1 January 2021, the free movement of people within the EU will end and the UK will introduce a points-based immigration system.
From 1st January 2021, new workers from overseas (both EU and non-EU citizens) will need to apply for visa to be able to work in the UK; visas will be awarded based on the applicant achieving a minimum number of points against a number of criteria.
For Skilled Workers they 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 – (A Level and equivalent or above)
They speak English
In addition to this:
They will need to earn more than the required minimum salary (see below) threshold but may be still eligible as long as they earn more than than £20,480 if they can demonstrate that they have a job offer in a specific shortage occupation or a PhD relevant to the job
Anyone coming to work in the UK will need to be paid the higher of the specific salary threshold for their occupation – the ‘going rate’ – and the general salary threshold. However, some applicants will be able to trade characteristics, such as their qualifications, against a lower salary. The general minimum salary threshold will be £25,600
For Highly Skilled Workers the current Global Talent route will open to EU citizens on the same basis as non-EU citizens. This means the most highly skilled, who can achieve the required level of points, will be able to enter the UK without a job offer if they are endorsed by the relevant competent body.
In the longer term, an unsponsored route for highly skilled workers will be introduced. This would allow a small number of the most highly skilled workers to come to the UK without a job offer.
There will not be an immigration route specifically for those who do not meet the skills or salary threshold for the skilled worker route.
Employers not currently approved by the Home Office to be a sponsor should consider applying now if they think they will want to sponsor skilled migrants, including from the EU, from early 2021. More details on how to do this can be found here.
This change doesn’t affect EU nationals currently living in the UK, who will be able to remain (and continue to work) providing they have been awarded ‘settled’ or ‘pre-settled status’ by the UK Government.
Full details of the new scheme can be found here.
Please don’t hesitate to contact us if you have any questions on this or any other HR matter.