New points-based immigration system to be introduced

Being part of the EU meant that as a member state, we enjoyed the free movement of people and goods within the EU, i.e. we could travel freely between each member state as we pleased.  

Following our departure from the EU, the Home Office have announced a new points-based immigration system which will come into effect from 1st January 2021. From next year, EU and non-EU citizens will be treated the same and it will also change the way in which people come to the UK to work. 

Similar to other points-based systems which are in place in Australia and Canada, for example, people will be given points depending on the following criteria: 

  • Qualifications; 
  • Specific skills, 
  • Salaries; and
  • Shortage occupations.

In order for somebody to be given a visa, they have to earn enough points. Employers will therefore need to prepare in advance for this change coming into force. 

This new system will not apply to EU citizens who are already living in the UK by 31st December 2020. Those that fall into this category, will need to apply to the EU Settlement Scheme and the deadline to make an application under this scheme is 30th June 2021. 

If skilled workers are coming into the UK to work, from the 1st January 2021, they will need to ensure they satisfy the following criteria: 

  • they can speak English;
  • they have been offered a job from a Home Office approved sponsor; and 
  • the job offer that they have received is at the required skill level – which is RQF 3 or above (A level and equivalent). 

All jobs will be given a corresponding standard occupational classification. For anybody that wants to identify their classification, can use the Office of National Statistics occupation Coding tool. 

What does this mean for employers? 

If you want to employ somebody from outside of the UK, you will have to become a sponsor. In order to become a sponsor, you will need to apply for this. Before you apply for a sponsorship, you will need to check the following: 

  • check that your business is eligible to apply; 
  • choose the type of licence that you want to apply for; and 
  • decide who will manage the sponsorship within your business. 

Read the full guidance here: https://www.gov.uk/government/publications/uk-points-based-immigration-system-employer-information/the-uks-points-based-immigration-system-an-introduction-for-employers#skilled-workers

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