In February 2020, the government confirmed changes to the UK immigration system will take effect from 1st January 2021.

EU citizens currently residing in the UK by the 31st December 2020, will have until 30th June 2021, to register under the EU Settlement Scheme.

This will mean, any EU citizens arriving to the UK after 1st January 2021, will be subject to the new immigration rules. Although EU citizens will be allowed to visit the UK for a maximum period of 6 months, they will be prohibited from working, (much the same as non-EU nationals).

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Employers looking to employ EU nationals coming to the UK in a skilled job will need to submit an application to sponsor any such employee under the new system (currently known as Tier 2). In order to sponsor any such prospective EU citizen workers,  employers will have to have in place a Sponsor Licence. These changes will take effect from 1st January 2021. 

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Although not all these rules are clear, there will be some important changes. Most notably, the UK government has proposed the following:

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Tier 2 Visas:

 

The Tier 2 Visa category will be renamed to ‘The Skilled Worker Route’, with the number of roles available under this route increasing. Licensed employers will now be able to sponsor non-UK national employees for job roles at  RQF level 3 or above, (equivalent to A-levels.)  Under the current system, licensed employers are only able to sponsor foreign employees for jobs at RQF level 6

(Bachelor Degree Level). Employers will be expected to pay a minimum salary of at least £25,600 for most roles and the employees will be required to speak English at the basic level.

 

 

The Global Talent Visa:

 

EU and EEA citizens will also be able to use The Global Talent Visa (Tier 1 (Exceptional Talent Visa) to come to the UK. This route will not require a job offer (unlike the skilled worker immigration category)and will not be tied down to a specific employer. 

 

EU Students:

 

EU students will have to apply for a student visa and must show that they have:

 

    •   Been offered a place on a course with an approved course provider. 

    •   Demonstrate English language ability at a required level. 

    •   Have sufficient money to support themselves and pay for their course.

 

Graduates:

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A new graduate immigration route will come into effect in the summer of 2021 and will be available to non -UK students completing a UK degree.  This route will allow all non-UK graduates, completing a Bachelor or Masters degree at a British University, a further two years to work or look for work in the UK. PhD graduates will be able to stay a further three years. 

 

Employers:

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Employers and landlords can continue to accept passport and identity cards for EU citizens as evidence of immigration status until the 30th of June 2021. Non EEA citizens will continue to be issued physical documents post Brexit and these will therefore continue to be acceptable for right to work and rent checks. Those issued with biometric residence cards or permits will continue to be able to have these checked online by employees and landlords. 

 

How We Can Help:

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    •    We can advise you on your best options after Brexit.

    •    This is now an area of immigration law in a state of flux, and likely to undergo further change in the next couple of months. 

    •    We are committed to ensuring that our advice is up-to-date and any application submitted on your behalf is reflective of the current EU legislation. 

    •    We possess comprehensive business immigration experience and are proficient in assisting employers and businesses in applications for Sponsorship licences. 

    •    We can help to ensure that you and your business are complying with the responsibilities entailed in the holding of a Sponsor Licence, in addition to how to stay compliant under the Points-based system.