A summary of new immigration rules:
- From the 1st of January 2021 free movement for nationals of the European Economic Area (EEA) and Switzerland will end, and they will need a visa for all visits to the UK excluding short term trips.
- The government has introduced a new points-based system which will allow for the most skilled workers, students and other specialist work routes roles to gain visas to work or study in the UK.
- The immigration cap has been suspended meaning that there is no longer a limit on the number of skilled workers that can enter the UK. However, this has only been suspended and not completely disregarded.
- A new skilled worker route will replace the Tier 2 (general) route. Under the new skilled worker system, anyone coming to the UK to work will need to demonstrate that:
- they have a job offer from a Home Office licensed sponsor
- the job offer is at the required skill level – RQF 3 or above. (This has been reduced from the RQF Level six)
- they speak English to the required standard
In addition to this, the job offer must meet the applicable minimum salary threshold. This is the higher of either £25,600 or the specific salary requirement for their occupation.
- This skills threshold has been reduced from Regulated Qualifications Framework (RQF) level 6 to level 3 (A-level equivalent) though the salary requirement has not changed to reflect this. However, there is a formula for lower salaries which allows applicants to trade characteristics such as high academic achievement (a PhD relevant to the job) or a job offer in a specific shortage occupation. There is a limit to this lower salary formula, which means that the salary must not fall below £20,480.
- There will no longer be a “cooling off period” for those who relocate to the UK via the new skilled worker route. Under the previous system, people who had previously held a Tier 2 visa and had returned to their home country must then wait 12 months before re-applying under the same, or another, visa category. However, this has now been abolished.
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