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With Covid-19 having dominated the news in recent months, you will have been forgiven for not being aware of the Government’s intentions for the UK in relation to immigration matters after the end of the Brexit transition period on 31 December 2020.

A new set of Immigration Rules, which are due to come into effect from 1 December 2020, will apply to all non-British and Irish citizens arriving in the UK from 1 January 2021. The rules (being a mere 514 pages long) provide for a number of changes to the existing immigration system.

The key changes are as follows:

Skilled Worker route replaces Tier 2 (General) route

• Employers should be aware of this being the new route for all individuals looking to come into the UK to work in a skilled job that they have been offered.
• Notable points of the new route include:
  • the minimum skill threshold is lowered from graduate level to A-level equivalents;
  • the minimum salary threshold is lowered from £30,000 to £26,500;
  • if individuals are not being paid £26,500 or more they can still come to the UK if they qualify for other “tradeable points” (performing jobs in shortage or new entrants to job market);
  • employer sponsors will no longer need to do a Resident Labour Market Test (i.e. showing that settled workers could do the role);
  • 12-month cooling off period and 6 year maximum length of stay in the route are being removed; and
  • the minimum salary needed for indefinite leave to remain is being lowered from £35,800 to £25,600.

•  From 12 November 2020, employers can also pay an additional fee of £500 for an application for a sponsor licence to be processed in priority to other applications.

New Intra-Company Transfer (“ICT”) routes

• The ICT route will replace the existing Tier 2 (ICT: Long-term Staff) route.
• As part of this change, individuals with salaries of £73,900 or more will be permitted to hold ICT leave for a maximum of 9 years in any 10 year rolling period.

Changes to the Visitor route

• The Visitor route is being amended to allow for individuals that are visiting the UK under a standard visa to be in the UK for up to 6 months for the purpose of studying at an accredited institution, as opposed to the 30 days currently in place.

New Hong Kong British National (Overseas) route

• The Government’s new BN(O) visa route is being introduced from 31 January 2021.
• Individuals will be allowed to work and study in the UK for up to 30 months or 5 years, depending on the visa selected, and it is also a route to eventual settlement in the UK.
• To be eligible, individuals will either be:
  • A BN(O) citizen ordinarily resident in Hong Kong or the UK and their dependants; or
  • A child of a BN(O) citizen born on or after 1 July 1997 and ordinarily resident in Hong Kong or the UK, forming part of the same household as the BN(O) citizen.

There will no doubt be further changes to the existing immigration system over the next few months, but employers will be particularly concerned with the introduction of the Skilled Worker route and the changes that will bring.  The significant reductions in requirements for workers to be eligible for this route marks a clear message from the Government, namely that employers should use it. 

If you need advice on or have any questions about the new Immigration Rules and how they might apply to you or your business, our Employment and Immigration Teams would be happy to assist. Please contact us on 01603 610911 or email us for more information.