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Even with the current Covid-19 pandemic at the top of the Government’s priority list, the Government has recently issued further clarification on how the employment landscape will change after the UK leaves the European Union next January. The existing points based system is being amended and extended to increase the opportunities for employing workers from abroad. 

Free movement is due to end from 31 December 2020, with EU citizens becoming subject to the same Immigration Rules as non-EU citizens.

The Government have now confirmed that those employers who have registered as Tier 2 Sponsors may be able to sponsor and employ employees from outside the United Kingdom under a Tier 2 (General) work visa even if the potential employee only meets RQF level 3 rather than the current RQF level 6. In practice, this should mean that jobs which are considered to be A-level standard can be sponsored, instead of the Bachelor’s degree qualifications which are required now. As is the case now the issue of a certificate of sponsorship will be subject to the post to be filled attracting a minimum salary.

This presents a potential opportunity for those employers who are not currently registered as Tier 2 Sponsors. Employers should consider the merits of registration now so that they are ready to employ workers from outside the United Kingdom when the United Kingdom (finally) leaves the EU particularly as:-  

• There will not be a general migration route specifically for those who do not meet the skills or salary threshold requirements. Therefore, there will be fewer low-skilled workers able to enter the UK. If your business relies heavily on these individuals to fill vacancies, these new measures will affect your recruitment strategy moving forward. Vacancies will have to be filled from an alternative source. There may be specific routes available to certain sectors outside the points based system such as the agricultural industry and the Youth Mobility Scheme appears to be unaffected
• The changes could also dissuade skilled workers from applying for UK jobs. That being the case, employers should look to promote from within the business by training and developing existing employees.

The changes should not affect EU citizens living in the UK by 31 December 2020 assuming they have applied for permission to live here.

Here at Leathes Prior, we have our Employment Team and expert Immigration Lawyers that can support your business with planning for the introduction of the Points-Based Immigration System – please contact us on 01603 610911 or email us here and we would be happy to discuss your bespoke circumstances with you.