UK's New Immigration System from Jan 2021 to bring big changes

Immigration is an international movement of people to a non-native country or a country where they do not possess citizenship, to settle as permanent residents or naturalized citizens.

 

Immigration policy also plays a crucial and strategic role in economic growth. Migrants move to a non-native country for various reasons, including a lack of local access to resources, a desire for economic prosperity, to find paid work, to better their standard of living, family reunification, retirement, climate etc. Immigration solicitors london can help you with the latest immigration policies,

 

What does the Government say about freedom of movement?

In July 2020, the Home Office has announced major changes that will operate after freedom of movement ends on 31 December 2020. 

 

It confirms that from January 2021 EU nationals will no longer entertain anyone from outside the UK or Ireland coming to the UK without Visa. Employers will need to hold a sponsor license to sponsor employees for these purposes.

 

New Immigration Routes

EU Nationals or overseas migrants or those who have not applied for under the EUSS by 30 June 2021 should have the work visa in the UK. The visa for these officials will be a 'Skilled Worker' visa which is replaced by Tier 2 (General/ ICT) visa. If an employer is found to employ a worker who does not have necessary immigration permissions to work in the UK will be subjected to significant civil and criminal penalties/ fine/ imprisonment.

 

Skilled worker Visa

The skilled worker is similar to Tier 2 (General) visa. But, there are a few important differences listed below:

1.    The skills threshold will be lowered from RQF Level 6 to RQF Level 3. The minimum qualification for level 3 is degree-level qualification or equivalent whereas for level 3 A level qualifications or equivalent is required.

2.    The minimum salary threshold will be lowered. Although there will be an exception for a certain role in the NHS or education sector, or if an individual has done PhD in a STEM subject relevant to the job.

3.    Employers do not need to advertise for the role for 28 days in prescribed media for the UK-based workers to give them a chance to apply for the position first. However, the company cannot create false vacancy just to bring someone into the UK.

4.    There will not be any limit applied to the number of skilled worker visa under the new system. This means there will be no overall cap on the number of skilled workers who come to the UK under-skilled worker visa.

5.    The Tier 2 cooling-off period, which prohibits a return to the UK for twelve months after the expiry of a Tier 2 visa, is to be reviewed. Also under the new system, the cooling-off rules will only apply to those who have had more than five years leave under Tier 2 (ICT) in any 6 years.

6.    Unlike the current system after tier 2 (ICT), if migrant finishes their five years in the UK, they can switch to skilled worker visa, if they meet the eligibility criteria without leaving the UK. 

 

Undoubtedly, the new system has relaxed many of its rules and regulation but the procedure has become more complicated, therefore, it is advisable to hire a reputed and well known Immigration Law Firm to make all your legal proceedings and paperwork easy and error-free.