Employer-sponsored immigration: changes to expect in January 2021

The UK immigration system has received some criticism in recent years by applicants and legal professionals alike as being too confusing, complex and unclear. The UK Government sought to re-dress the system by introducing a ‘points-based system’ much like Australia’s and to simplify the process from applying to entry as publicised in its policy statement in February 2020.

The Government has promised to deliver and implement the new system in January 2021, however half-way through 2020; there has been a remarkably low amount of detail disclosed to the public on how the new system will look in practice. The Home Office has tasked the Migrant Advisory Committee to produce a report analysing the required ‘skills threshold’ in line with the Governments instructions which is due to be completed in September 2020.

So far, the detail on the newly renovated sponsor-based immigration routes is as follows:

• The minimum salary required to pay a Tier 2 (general) worker is reduced from £30,000 to £25,600 (or the ‘going rate’ stated in the relevant job code, whichever is higher);
• The skills threshold for Tier 2 (general) workers is reduced from Regional Qualification Framework (RFQ) 6 (Bachelor degree level) to RQF 3 (A-level standard);
• Suspension of the ‘cap’ on the number of Tier 2 (general) workers who can come to work in the UK (this is currently 20,700 migrants per year, subject to certain exemptions);
• No route for low-skilled workers;
• Abolishment of the Resident Labour Market Test (RLMT). The RLMT basically means having to advertise the role to the UK workforce market prior to offering it to a migrant, provided the role is not on the shortage occupation list (and a few other exceptions);
• Introduce a ‘trade-off’ between a migrant’s application characteristics (70 points in total is required) to be successful in their application. For example, a migrant’s salary could be no less than £20,480 if their job was on the shortage occupation list or if they have a relevant PhD. The genuine job offer, required skill level and ability to speak English is not tradeable.
• Extension of the Global Talent route to non-EEA citizens. This may apply to those at the top of their field and are endorsed by a recognised UK organisation. No sponsor is required.

An important reminder – EU migrants living in the UK by 31 December 2020 have until 20 June 2021 to apply for the EU Settlement Scheme.

If you have any questions or would like to discuss any of the proposed changes which are expected to come into force in January 2021, please call a member of our Regulatory team today on 01484 519 999 or email HarveyBlake@chadlaw.co.uk