The Government has announced it will deliver a points-based immigration system, both for sponsored and unsponsored work. At least initially, the proposed system will modify existing arrangements rather than being a radical overhaul.

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The policy statement, published on 19 February, has been released ahead of a more detailed white paper expected in March.

The Government has recognised that a complete transformation of the border and immigration system will be a major undertaking, so we can expect the changes from 1 January 2021 to be followed by a ‘wider multi-year programme of change’.

Highly-skilled workers

The only unheralded proposal in the policy document is a new proposal to introduce a capped, unsponsored points-based route in addition to the Global Talent route. This will be rolled-out later than the beginning of 2021, and the Government intends to engage with stakeholders over the next year regarding what the route will look like. The implication is that it would be similar to the old Highly Skilled Migrant Program/Tier 1 General.

In a move that will no doubt frustrate civil servants at the Home Office, points-criteria will be added to the Global Talent route, which has just replaced Tier 1 Exceptional Talent and now sits outside the points-based system. This could bring welcome objectivity and predictability to the route however. 

Sponsorship arrangements

The policy statement is completely silent on what reforms are planned to sponsorship arrangements, noting only that improvements will come after 1 January 2021. Employers will need to review how many EEA/Swiss skilled workers their business is likely to recruit from 2021. Employers who have not needed a sponsor licence in the past should consider applying for one soon. Existing sponsors should consider increasing their CoS allocations and applying for additional licence tiers if necessary.

Sponsored skilled workers

In terms of reforms to what is currently Tier 2, the Government has accepted all of the MAC’s recommendations below:

• Reducing the minimum skills threshold from RQF level 6 (equivalent to degree level) to RQF level 3 (equivalent to A-level)
• Reducing the general salary threshold from £30,000 to £25,600 and retaining occupation-specific thresholds – migrants will still need to meet whichever is the higher threshold in order to qualify
• Ignoring allowances and pension contributions in the calculation of salary
• Using national pay scales for certain occupations in the NHS and schools instead of the general and occupation-specific salary thresholds
• Setting the occupation-specific salary threshold for new entrants at 70% of those for experienced workers
• Removing the resident labour market test
• Not introducing regional salary thresholds or other arrangements

The Government has chosen however to depart from the MAC’s recommendations by proposing that additional points elements are included in the skilled worker route, rather than moving away from applying points-related criteria to it.

The Government sees the shortage occupation list as a means of providing tradeable points that make up for having a salary between £20,480 and £25,999. it will commission the Migration Advisory Committee to produce a new shortage occupation list and to keep this under review.   

The existing points test will be revised so that a minimum of 70 points is required as follows:

Characteristics	Tradeable	Points
Offer of job by approved sponsor	No	20
Job at appropriate skill level	No	20
Speaks English at required level	No	10
Salary of £20,480 (minimum) – £23,039	Yes	0
Salary of £23,040 – £25,599	Yes	10
Salary of £25,600 or above	Yes	20
Job in a shortage occupation (as designated by the MAC)	Yes	20
Education qualification: PhD in subject relevant to the job	Yes	10
Education qualification: PhD in a STEM subject relevant to the job	Yes	20

Source: Home Office

Despite announcing that lower skills will be eligible for sponsorship, the new points-test will mean that some new entrants and public sector workers earning less than £25,600 will be ineligible to qualify unless they are also able to gain at least 20 tradeable points. That could be done if they are eligible for 20 points by having a PhD in a STEM subject that is relevant to the job offer, or the job offer is in a shortage occupation. Alternatively they could score ten points by earning at least £23,040 and an additional ten points through having a PhD relevant to the job on offer. Given the MAC’s recommendation that Tier 2 be opened up to assist with the medium-skilled labour shortages that turning off free movement from the EEA will cause, this points structure appears to scupper this intended aim. The Government has however stated that further guidance on points tables and other details will be released at a later date, so the table above may not be an accurate representation of what the final arrangements will be.

The statement also provides no detail on intra-company transfer arrangements, aside from stating (in a footnote) that the new system will comply with commitments for intra-company transferees in line with existing and future trade agreements.

Lower-skilled workers

The Government’s aim is for overall migration to be reduced following the end of free movement, stating that to staff lower-skilled roles, employers will need to look towards ‘investment in staff retention, productivity and wider investment in technology and innovation’ as well as the pool of workers who apply under the EU Settlement Scheme, youth mobility participants and the dependants of skilled migrants.

An exception has been recognised for the agricultural sector, with the seasonal workers pilot being expanded from 2,000 to 10,000 places.

However, it is very likely that the Home Office will be lobbied by representatives of the sectors hardest hit by this policy, including the hospitality and social care industries. It is also possible that some occupations lower than RQF level 3 may be allowed under the route for sponsored skilled workers on an exceptional basis if severe labour shortages emerge for particular occupations. 

We will be covering the new system in more detail at our next half-day Immigration Law Academy on 24 March 2020.

If you have any queries regarding this announcement, please contact a member of the immigration team.

 

Related Item(s): Immigration & Global Mobility

Contributor(s): Andrew Osborne, Naomi Hanrahan-Soar, Joanna Hunt

Andrew Osborne comments in Personnel Today in an article discussing how organisations can prepare for the government’s new points-based immigration system.

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Click here to view the full article.

Related Item(s): Immigration & Global Mobility

Contributor(s): Andrew Osborne

The coronavirus (COVID-19) outbreak is currently affecting the ability of people to travel to and from the UK, including those who require immigration permission for the UK. The Home Office has now issued short-term guidance on how to manage the immigration implications of the situation, which employers and individuals should continue to monitor over the coming days and weeks.

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The guidance confirms that a telephone and email helpline has been set up as a contact point for affected individuals’ immigration-related queries. The guidance also provides information on specific issues.

We expect that in the future, more detailed policy guidance will need to be written into the Immigration Rules and caseworker policy documents. This should provide clear instructions for those who could otherwise be adversely affected, for example where an inability to return to the UK causes excess absences to arise for indefinite leave or nationality purposes.

Chinese nationals who are in the UK with a UK visa expiry date from 24 January 2020 to 30 March 2020 will receive an automatic extension to 31 March 2020. They do not need to contact the helpline unless they need a status letter or new biometric residence permit confirming this, for example if they need to prove an ongoing right to work in the UK.

Those in the UK who are normally resident in China but who are not Chinese or EEA nationals and who have a visa granted by the UK, Ireland (under the British Irish Visa Scheme) or by a British crown dependency should contact the helpline for advice.

Chinese nationals with a visa expiry between 24 January 2020 and 30 March 2020 will be allowed to switch from Tier 2 Intra Company Transfer to Tier 2 General without having to return to China.

Depending on how things unfold, the automatic visa extension provision may need to be revised beyond 31 March. The guidance should therefore be monitored for updates ahead of that date. 

Advice for people who are in China

Significant travel restrictions currently apply between the UK and China, with many routes operated by commercial carriers being suspended.

The visa application centres (VACs) operated in China by the Home Office’s commercial partner, VFS, are currently closed with no information currently available on when they are due to re-open. Those needing to submit a visa application for the UK should continue to monitor the VFS website for updates.

The Home Office has confirmed that British citizens whose passport is currently at a VAC should apply for an emergency travel document if they need to travel. 

Where their passport is held by a VAC, Chinese nationals should contact the Chinese authorities and citizens of other countries should contact the consular authorities of their country of citizenship to obtain an emergency travel document. A travel document will be needed before the UK government can entertain a request for an urgent visa to travel to the UK. Advice on making the visa application will need to be obtained via the helpline. 

The return of passports will be prioritised when the VACs re-open.

Sponsors do not have to report authorised absences of sponsored employee or students where these are related to coronavirus, for example because a migrant is unwell, in quarantine or unable to travel to the UK.

Sponsors who consider it appropriate to continue to sponsor an affected migrant due to the exceptional circumstances of the outbreak are not required to withdraw sponsorship and will not be subject to Home Office compliance action if:

• An employee is absent from work on unpaid leave for four weeks or more
• A student is unable to attend their course for more than 60 days

The Home Office states it may review this position, so the guidance should be monitored for updates. 

Employers should also be aware of the broader employment law issues arising from the situation, which our employment team has analysed here.  

In the current circumstances, Lewis Silkin can:

• Provide you with reliable and timely updates
• Assist you to take necessary actions in accordance with the interim guidance and in response to advice received through our professional network and Home Office contact points
• Devise tailored action plans for individuals and businesses/educational institutions, including liaising with the Home Office on specific issues

We will also be covering the practical immigration implications of the outbreak in more detail at our next half-day Immigration Law Academy on 24 March 2020.

If you require assistance, please contact Lily Shen or another member of the immigration team.

Related Item(s): Immigration & Global Mobility

Author(s)/Speaker(s): Andrew Osborne, Lily Shen,