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As we all know by now free movement to and from the European Union will end at midnight on 31 December.

From Tuesday 1 December 2020 all foreign nationals, including from the European Union, the EEA and Swiss nationals who want to move to the UK to work from 1 January 2021 will have to apply online for appropriate visa. At the same time the Tier 2 (Skilled Worker) category will replace the existing Tier 2 (General) category which potentially may enable those employers who hold a Sponsorship Licence to recruit from a wider pool of potential workers from abroad providing the post to be filled is eligible for this type of visa. In particular under the Skilled Worker category:-

• The skills requirement will reduce from RQ6 (degree level) to RQ3 (broadly equivalent to A level)
• The minimum salary level will be lower at £25,600 per annum (subject to any requirement to pay a higher salary under the relevant job classification code). A lower salary might be possible in certain circumstances such as a higher academic achievement, being under 26 or being recruited for a shortage occupation. The absolute minimum is £20,480.
• The Resident Labour Market Test has been abolished so there is no longer any need to advertise the role in the UK (although the vacancy to be filled must be genuine).

In order to find out if a job is eligible for this type of visa employers need to check the 4 digit classification code using the Occupation Coding Tool on the website for the Office for National Statistics and then search the current Home Office Guidance which list eligible occupations and their codes

There are also important changes to the Intra-Company Transfer (ICT) route.   

EU, EEA and Swiss citizens already here on 31 December 2020 (or who move here on or before that date) will still have the right to apply for pre-settled or settled status until 30 June 2021 to preserve their existing entitlements.

Citizens of the Republic of Ireland are exempt as they are entitled to live and work in the UK irrespective of the UK’ membership of the European Union. Irish nationals have a separate status under UK law. The Republic of Ireland (together with the Isle of Man and the Channel Islands) is part of The Common Travel Area and is not considered to be a “foreign country”. Its citizens can travel freely without being subject to passport controls. 

If you need advice on or have any questions about how this might apply to you, our Immigration Team would be happy to assist. Please contact us on 01603 610911 or email us for more information.