10 Jun The new points-based system explained
From 1 January 2021, a new points-based system will be launched. This new system will apply to both EU and non-EU nationals.
Currently, EU citizens and their family members are eligible to apply for Pre-settled status or Settled status under the EU Settlement Scheme until 30 June 2021.
EU citizens can use the online checking service to demonstrate their immigration status and their right to work in the UK. As a transition measure, employers, landlords and public service providers will continue to accept the passports and national identity cards of EU citizens as evidence of permission up until 30 June 2021.
Under the new system, points are assigned for specific skills, qualifications, salaries and shortage occupations. In order to qualify, migrants will need to obtain 70 points to be eligible for a visa. To be noted that three requirements (50 points towards the 70 points threshold) are mandatory and must be met by all applicants. For example, migrants will earn 20 points if they receive a job offer from an approved sponsor, 20 points will be awarded if the job is at appropriate skill level (RQF 3 or above) and 10 points will be obtained if applicants can speak English at the required level.
If the applicant is offered a salary above £25,600 per annum, he/she will be awarded the extra 20 points to meet the 70 points threshold to qualify.
Anyone coming to work in the UK will need to be paid the specific salary threshold for their occupation – the ‘going rate’ – and the general minimum salary threshold (£25,600). However, if the migrant’s salary is less than £25,600, but above £20,480 per annum, they will need to obtain ‘trading’ points earned on specific characteristics against their lower salary level – for instance, if their job is on the shortage occupation list, or they were to hold a PhD in a subject relevant to their job or a PhD is in Science, Technology, Engineering, and Mathematics (STEM) subject relevant to the job.
(Source: UK Home Office)
Identifying whether a job meets the required skill level
All jobs have a corresponding Standard Occupational Classification (SOC) code. Employers can use the ONS Occupation Coding Tool to identify the relevant SOC code:
Current skill levels for SOC codes are set out in Appendix J of the Immigration Rules.
Highly skilled workers and lower-skilled workers
From 1 January 2021, highly skilled workers will continue to be able to apply for a Global Talent visa without a job offer if endorsed by a relevant and competent body. The Global Talent Scheme will also open to EU citizens and was recently expanded to be more accessible to those with a background in STEM.
In addition, the UK government mentioned that it will not implement a route for those lower-skilled workers to enter the UK under the new immigration system.
Moreover, employers can also benefit from the Youth Mobility Scheme (YMS). The UK has arrangements in place with eight countries and territories to enable around 20,000 young migrants to come to the UK each year.
Other routes
Initiatives are also being brought forward for scientists, graduates and NHS workers, which will provide businesses with additional flexibility.
Meanwhile, a new Graduate Immigration scheme will be available to international students who have completed a degree in the UK from summer 2021. This will allow international students to work or look for a job at any skill level in the UK up to 2 years.
Becoming an approved sponsor
If a UK company would like to recruit a non-EU or EU migrants after 1 January 2021, the company will need to apply for a sponsor licence. The standard processing time for the application is 8 weeks.
In order to apply for a sponsor licence, the company must check whether their business is eligible. In addition, the company will need to choose the type of licence, for instance, Tier 2 for skilled workers with long-term job offers or Tier 5 for skilled temporary workers. The company can apply for a licence covering either Tier or both.
Meanwhile, the company will need to set up the following roles in their Sponsorship Management System (SMS):
- Authorising officer – a senior and competent person responsible for the actions of staff and representatives who use the SMS
- Key contact – the main point of contact with UK Visas and Immigration (UKVI)
- Level 1 user – responsible for all day-to-day management of the licence using the SMS
Please note that these roles can be filled by the same person or different individuals.
The application fees for a Tier 2 sponsor licence are £536 for a small or charitable company, whilst £1476 for medium or large company. A small business is usually the annual turnover is £10.2 million or less, or there are 50 employees or fewer.
The visa processing
New immigration routes, such as the skilled worker route, will open from autumn 2020 applications from those who wish to work in the UK from 1 January 2021.
EU citizens and non-visa nationals will need to apply for a travel permission in advance if they wish to enter the UK after 1 January 2021.
Citizens of Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA, will continue to be able to use E-gates to pass through the UK border either as a visitor or with prior permission. EU citizens will continue to use E-gates, but this policy will be kept under review. Others will need to see a Border Force officer.
Contact Our Immigration Team
For expert advice regarding any aspect of the UK visa application, please contact our immigration team on 0203 384 3075.
