new immigration rules uk 2021

The policy statement has outlined the following changes will be implemented in early 2021 to the immigration system: All applicants, both EU and non-EU citizens, will need to demonstrate that they have a job offer from an approved sponsor and that the job offer is at the required skill level under the PBS system. We are able to advise on and assist with any necessary applications. A no-deal Brexit at the end of 2020 is something many people wish to avoid. However, prior to being able to sponsor an EU or non-EU citizen, employers must have in place a sponsor licence with the Home Office. Keep a step ahead of your key competitors and benchmark against them. Irish citizens won't be subject to the new immigration rules and will continue to be able to enter and live in the UK as they do now. Home Secretary Priti Patel hailed the new scheme as an "historic moment" following Britain's exit from the EU, which will bring to an end the bloc's free movement rules in the UK. If they earn between £23,040 to £25,599 they will earn 10 extra points. Where employers recruit from either the EU or outside the EU, they will need to submit an application to sponsor these workers under the new system, currently called Tier 2. For EU citizens arriving in the UK from 1 January 2021, they will be subject to new UK immigration rules. The main content of this article was provided by Conor McCrory. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. Reviewing HR processes to ensure compliance with sponsorship and right to work obligations will give you the certainty required to focus your efforts on obtaining and retaining talent. Review HR processes to ensure that compliance standards are met. Global Talent, Innovator and Start-Up visas provide skill-specific routes to live and work in the UK, while Youth Mobility and UK Ancestry visas are available for some individuals. Our Immigration Law Academies are a one-stop-shop for learning about the future immigration system. *The EU14 refers to Austria, Belgium, Denmark, Finland, France, Germany, Greece, Republic of Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain and Sweden. For skilled workers, some of the existing requirements such as resident labour market testing will be removed, and it will be possible to sponsor skilled workers for jobs at A-level equivalent rather than degree level equivalent. As part of our Immigration Solutions for HR, our Immigration team can offer training, compliance guides and mock audits of your existing HR and right to work processes to analyse compliance, identify any areas of risk, suggest improvements and prepare you for a real Home Office audit. However, the response of the Home Office has been sharp in the latest policy statement “employers will need to adjust”. Stay ahead of the curve with changes and updates. The new points-based immigration system will treat both EU and non-EU citizens equally. We regularly advise our clients on key areas to protect the licence once granted. The most highly-skilled workers, who can achieve the required level of points, will be able to enter the UK without a job offer if they are endorsed by a relevant and competent body. If migrants earn less than this - but no less than £20,480 - they may still be able to come to the UK by "trading" points earned on specific characteristics against their lower salary level. We also offer a handy compliance guide for sponsors of workers, which includes insight into how best to handle SOC code allocation and revision of skills requirements. Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. Potential migrants to the UK will have to score 70 points on the new system in order to qualify for a visa. The government says it will not implement a route for lower-skilled workers to come to the UK under the new immigration system, following the end of EU free movement rules. Our Immigration team has a wealth of experience in advising on and assisting with sponsor licence applications and can help you with any queries if you are new to the process. UK businesses have urged the Home Secretary to delay the new immigration system, warning that it could lead to a crisis for care homes and similar healthcare providers. From 1 January 2021 there will be a new immigration system in the UK. Those who meet the three required conditions but don't earn more than £25,600 can still earn the 70 points needed to be granted a visa. Under the PBS system for skilled workers, applicants will be able to ‘trade’ characteristics such as their specific job offer and qualifications against a lower salary; There will continue to be different arrangements for a small number of occupations where the salary threshold will be based on published pay scales; A reduction in the skill level for Tier 2 visas from RQF level 6 to RQF level 3+ potentially opening up the path to what would have been deemed formally to be “, Suspension of the cap on the number of people who can come on the skilled worker route and removal of the resident labour market test, They have a job offer in a specific shortage occupation, as designated by the MAC; or. Review international recruitment processes to develop an efficient mechanism for analysing skills requirements, shortage occupations and SOC codes for sponsored workers. The below timeline outlines the areas that employers need to consider and suggests timeframes for taking action. "Talking about immigrants as if they're a problem is not the sort of leadership that government ought to offer" Shadow Home Secretary @HackneyAbbott says the government's numerical targets for immigration "have never been hit"#KayBurley Watch live https://t.co/Vf8FOmf2gb pic.twitter.com/H1mJ5xNKa7. The next generation search tool for finding the right lawyer for you. Delays to new hires and early mistakes in recruitment processes can lead to additional cost and missed compliance duties. From 1 January 2021 there will be a new immigration system in the UK. Introducing PRO ComplianceThe essential resource for in-house professionals. Applicants coming to work in the NHS will receive preferential treatment with extra points under the points-based system, and no cap on numbers entering through the NHS route. They are instead telling UK businesses they will need to "adapt and adjust" and instead invest in "staff retention, productivity, and wider investment in technology and automation". This is aimed at addressing the fears of employers such as fruit farmers, who say a clampdown on low-skilled workers could leave them without enough staff to pick their crops each summer. Virtual Redundancy Consultation During Furlough, The figure of £30,000 per annum will be reduced to £25,600 per annum in order to boost the UK’s public sector for “. We will be able to assist with any necessary applications. The UK’s tiered system for non-EU migrants is limited to a minimum salary threshold or for ‘exceptional talent’ applicants. From January 2021, the minimum salary required for migrants coming to work in the UK will be reduced from £30,000 to £25,600. This article has been produced for general information purposes and further advice should be sought from a professional advisor. Organisations with the immigration rule changes may also begin to source talent from outside the EU for the first time. This will earn 20 points. Current EEA employees and their family members who are eligible but do not apply to the scheme by 30 June 2021 will lose their right to live and work in the UK under free movement law. What if you're self-employed or a freelancer? Employing migrant workers in the UK from 1 January 2021: Are you sponsor licence ready? Review or apply for a sponsor licence if you anticipate recruiting from the EEA and the rest of the world after January 2021. If their job is in an area where there are shortages of staff, as designated by the Migration Advisory Committee, they will earn 20 extra points. c.mccrory@cfrlaw.co.uk, If there's anything you'd like to ask us, just fill in the form on the contact us page:Contact Legal Island, © Copyright 2020 | Legal-Island, Island House, 5 Steeple Road, Antrim, BT41 1DN | Tel: 028 9446 3888. There will also be a requirement to meet the English language criteria under the new system. New immigration system: How will the UK's points-based scheme work? How will it work? To hire the likes of an engineer, IT professional or accountant from outside the EU a sponsor licence is required with the Home Office aligned to your organisation. Home Secretary, Priti Patel, continued to push ahead with the publishing of guidance on the post-Brexit visa and immigration system despite the ongoing coronavirus crisis. We have experience in helping companies within a diverse range of sectors and sizes when applying for a sponsor licence and having this successfully approved. Home Secretary, Priti Patel has indicated “We’re ending free movement, taking back control of our borders and delivering on the people’s priorities by introducing a new UK points-based immigration system, which will bring overall migration numbers down” According to the Home Secretary the introduction of the new immigration system from 1 January 2021 will ensure that the UK “will attract the brightest and the best from around the globe, boosting the economy and our communities, and unleashing this country’s full potential.”.

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