The UK government is currently finalising Brexit talks with the EU before the end of the transition period in just under two weeks, on 31 December 2020. After that, EU law will no longer be applicable in the UK, and UK citizens will no longer fall under the scope of EU rules. This has significant effects on the movement of people, with which we are concerned.
From 1 January 2021, it will no longer be as straightforward for British people to move, live or travel in the EU.
For British citizens who want to reside in the EU after this date, everything will depend on when they move to the country in question. If they move before the end of the transition period, they will be able to retain broadly the same rights they had at the time they moved there, when EU law was still applicable in the UK. This is the case even if there is no UK-EU Trade deal by the end of the month, as this is guaranteed under the Withdrawal Agreement which became effective on 1 February 2020. It becomes more complicated if a British citizen wants to move to the EU after 1 January 2021, as their automatic right to live and work in the EU ceases after the transition period. They will then need to apply in accordance with that country’s existing immigration rules.
Those looking to work in the EU after 31 December 2020 will need to make sure that their professional qualifications are recognised in the EU.
To travel to the EU for a visit, British citizens will not need to apply for a visa initially, as the EU has agreed to waive the visa requirement and add the UK to their list of visa-exempt countries. Until the end of 2022, this means that all a British national needs to travel to an EU country is a valid passport.
Effectively, this means that British citizens can spend up to 90 days out of any 180 day period in the EU for business, tourism or to visit friends and family without having to apply for a visa. This is contingent upon the UK returning the favour, and allowing citizens of all EU member states to visit the UK under similar circumstances. If the UK introduces a visa requirement for nationals of at least one member state, the EU will reciprocate by introducing EU-wide visa requirements for UK nationals. The visa waiver will be applicable in all EU member states except Ireland, which has a specific bilateral arrangement which provides for visa-free travel between them. The Schengen associated countries (Iceland, Liechtenstein, Norway and Switzerland) also have a separate arrangement with the UK.
However, even if British citizens are not required to fill out a visa application, they will still face increased administrative burdens when traveling. From 1 January 2021, EU border guards may ask people travelling from the UK for additional information including the duration and purpose of their stay, and might then check their passports. In contrast with the current rules, under which a passport is deemed valid as long as it has not expired, traveller’s passports will have to be valid for at least six months after the end of their trip in order to be considered valid travel documents. Additionally, the British citizen traveling will need to have a valid travel insurance.
From 2023 onwards, the conditions for British citizens to enter the bloc will change, as the European Travel Information and Authorisation System (Etias) is set to come into operation then, introducing visa-style fees forms for people wanting to travel to the EU not unlike the American ESTA-system. Under Etias, visitors to the EU's Schengen Area will have to obtain a travel authorisation before their trip and pay a €7 fee. Those who have to pay the fee include people from countries on the visa-exempt list, and therefore British citizens. Other countries not on the visa-exempt list already have to obtain a full visa to travel to the EU, which is much more complicated and costly.
If you need assistance you can contact us here, call us on 020 8142 8211 or send us a question on WhatsApp.
Notice: we do not help non-EU / overseas / foreign workers find jobs in the UK. Our service is available only to established national businesses that are looking to hire foreign workers, or for foreign workers with job offers in the UK.
Under the new immigration system, set to come into force on 1 January 2021, freedom of movement for EU/EEA/Swiss ('EU') citizens will end. Just like non-EU nationals, EU citizens who are not settled in the UK will have to apply for working visas if they wish to come work in the UK. Conversely, employers wanting to hire EU workers will have to apply for a migrant sponsor licence, just like they have to do now for third-party nationals.
Being a sponsor does not mean that the employer has to pay for the migrant worker’s visa application. It simply means that as a UK company wanting to hire overseas workers, the Home Office will do a check on the company’s organisation and trustworthiness in dealing with migrant workers, and assess whether the company is able to monitor and follow that their migrant employees comply with their visa conditions.
There are two types of working visas, and similarly, companies can get a licence to hire either type of worker. The first one is the Tier 2 worker visa, tailored towards non-British nationals coming to the UK as skilled workers with permanent, long-term job offers. This post will focus on how to apply for sponsorship to sponsor those Tier 2 workers. The second type is the Tier 5 worker, who comes to the UK temporarily. Good examples are seasonal workers (e.g. in agriculture) or charity workers.
For both types of sponsorship licence, the Home Office announced in February 2020 that “Employers not currently approved by the Home Office to be a sponsor should consider doing so now if they think they will want to sponsor skilled migrants, including from the EU, from early 2021." If you are an employer who intends to hire non-British workers from January 2020 onwards, it is now beyond time to apply for your sponsor licence, especially since the government has announced multiple changes to the sponsorship system which will make it easier for businesses to obtain a licence.
To facilitate the transition from free movement laws to the new points-based system, the government has proposed to lift the “cap” on numbers of migrant workers, meaning there is no longer a limit on how many companies can obtain such a licence every year. The government has also announced that the required skill level for sponsored job role will be reduced from January onwards, and roles requiring a skill level equivalent (roughly) to A-levels will be eligible for sponsorship, instead of the higher requirement of bachelor’s degree that is in place today. This, again, is to smoothen the transition from EU free movement to the stricter migration rules of the points-based system. Additionally, from January onwards, the Resident Labour Market Test (RLMT) will no longer apply, meaning that you will be able to hire foreign workers even if there are suitably qualified resident workers able to fill the role for which you are recruiting. This was previously not the case.
For all of these reasons, now seems like the perfect time to apply for a Tier 2 Sponsor Licence. So how should a business go about the application? Applications are made to a specific Tier 2 Sponsor Licence applications team at the Home Office. The process involves two different steps: an initial online form, and then a file of hard copy supporting documents which are due to be submitted within 5 working days of the online form.
The basic criteria that a company needs to meet to receive a sponsorship licence are numerous. Firstly, the business must be based in the UK. Secondly, the business must be “genuine,” and trading lawfully in the UK, meaning that the business will have to provide details of their organisational and sectoral structure. Supporting documents will need to include, for example, an up to date hierarchy chart detailing any owner, director and board members.
Thirdly, the business must be “honest, dependable and reliable,” a subjective and relatively vague requirement which is usually proven by submitting previous projects, reviews and contracts that show that the company lives up to its promises. Broadly, the supporting documents serve to show the Home Office that the sponsor company is capable of complying with sponsor duties and responsibilities and does not pose a threat to immigration control. The more details the sponsor provides, the better. That is why the business owner will also have to include details about the role(s) they are looking to fill, to ensure that these roles meet the skill, salary and qualification requirements for eligibility for foreign workers.
As such, to hold a Tier 2 Sponsor licence, the applicant organisation must have Human Resources systems in place to ensure that they are able to meet the various sponsor's duties and responsibilities as set out in the guidance. No details are provided as to what such a system entails, but broadly, the company must use this system to ensure accurate monitoring of employees’ immigration status, track and record their work attendance, and keeping copies of relevant documents for each employee.
As reiterated in the guidance, sponsorship is a privilege, not a right. That is why the process is not as straightforward as it could be – the applicant company has to earn the privilege of being a sponsor, and the burden of proof lies on them to demonstrate that they have done so. If you are looking to hire overseas workers, do not hesitate to contact us to help you with your Tier 2 Sponsor Licence application.
If you have any questions regarding absences or the EU settlement scheme, please do not hesitate to contact us here or send us a question on WhatsApp.
Last Monday, Home Secretary Priti Patel announced more details on the new points-based immigration system, which is set to come into force under six months from now on 1 January 2021. The new system is designed to compensate for the end of free movement of people with the European Union (EU), a system which allowed EU citizens to work in the UK (and UK citizens in the EU) without having to apply for immigration status.
The 130-page document published by the Home Office last week gives more guidance on how this Points-Based System, which in reality is not new, but a rebranding of the system currently in force, might work.
From the outset, the document states it sets out the main “economic migration” routes for post-Brexit Britain. Indeed, the document solely addresses immigration issues which bring some type of direct economic gain to the UK – from high-skilled workers and investor visas to student and seasonal visas. It does not deal with other (problematic) aspects of the immigration system, be it the insanity of indefinite detention, the abysmal amount of asylum support for asylum seekers during the pandemic, the cruelty of the hostile environment or the many faults of the EU Settlement Scheme (EUSS). There is no mention of the stringent family requirements, or extortionate visa fees, except to say that the Immigration Health Surcharge is here to stay. It may be refunded or cancelled for NHS and social care workers, and wider health workers.
As known from previously released guidance, the points-based visa system takes different factors like skills and language into account when awarding visas which allow foreign nationals to work in the UK.
As such, workers need to score 50 points from the general requirements (meaning they need to have a job offer for a job at the “appropriate” skill level from an approved employer). In addition, they need to speak English, and then score an additional 20 points based on the salary level, job type or, alternatively, by possessing a PhD. The general minimum starting salary for a job offer is £25,600, unless it is a job on the shortage occupation list, or if the applicant has a PhD relevant to the job. In those cases, the salary threshold may be lowered to £20,480.
Hoping to live up to their promise to take back control, the government has previously said it hoped Britons would fill a shortfall of around 120,000 workers, equating to 10% of all vacancies. In addition, the cap on the amount of migrant workers allowed to come to the UK is removed to allow employers to recruit more from overseas.
Initiatives like the much-awaited NHS visa, are also supposed to plug one of the main gaps in the labour market. Branded the new “Health and Care visa,” NHS clinical staff applicants will enjoy reduced visa fees and fast-track processes. Despite the name, however, the visa does not actually extend to care workers, as salaries and/or skill-levels for care jobs are often below the required threshold. Considering 17% of care jobs are currently filled by foreign citizens, there would still be a shortfall of at least 7% even if the ambitious Home Office goal of 10% is met. A solution to this shortfall could be to put these carer jobs on the shortage occupation list – but, in Home Office organisational tradition, that list has not been published yet.
So, not only is it unknown which jobs will qualify as shortage occupations, leaving people guessing at which jobs they may apply for and at which rate, but the logic of such a lowered threshold also seems flawed – if these positions are hard to fill, then how would offering lower salaries help attract more applicants?
A similar problem arises when it comes to seasonal (agricultural) workers. Whilst the government has made arrangements for seasonal harvest workers, the cap et on foreign harvesters falls below what the National Farmers’ Union recommended. The updated guidance fails to address this, instead stating that the farming sector will be reassessed at the end of this year after the end of a pilot scheme. In the meantime, crops are left to wither as the looming end of free movement is compounded by pandemic-related border closures, and seasonal harvesters fail to make it in time.
For businesses, the Immigration Skill Charge levied on employers remains unchanged, meaning that in addition to third-party nationals, ‘new’ EU/EEA/Swiss citizens from 1 January 2021 will cost businesses £1,000 per employee, per year. There is a reduced charge of £364 per employee, per year for small or charitable organisations. There will also not be a charge levied on EU citizens with status under the EU Settlement Scheme.
For students, the old ‘Graduate Route’ reopens in summer 2021, allowing students to stay in the UK for two years after their graduation to work or look for work. If they want to stay beyond those two years, they will have to switch into another visa category. The updated guidance focuses on working visas, rather than other options such as spousal or family visas.
As promised, the new guidance focuses on economic migration, wilfully overlooking other, more humane visa routes such as family or asylum. The focus of the guidance is on jobs, economic worth and border security. Yet, even for workers and economic supply chains, it fails to deliver, as it lacks overall detail on who will and won't be able to work in the UK once the points-based system actually takes effect.
If you need assistance you can contact us here, call us on 020 8142 8211 or send us a question on WhatsApp.
Every day, at 8PM, millions of people across the country clap for our healthcare workers, an initiative which has been encouraged by the government. Meanwhile, as coronavirus numbers soar to almost a thousand deaths a day in the UK, the Home Office published updated guidance for employers on navigating working visas once the new points-based immigration system comes into force on 1 January 2021. Whilst encouraging signs of solidarity, the government is thus detailing the ins and outs of an immigration system which will likely stop many of the people we clap for from coming to work in the UK once it becomes law.
The new guidance lays out that all workers will have to be sufficiently qualified (at the minimum, they must have A-level equivalence) and speak sufficient English in order to get a visa. Highly skilled workers are the only ones who can come to the UK without a job offer. In order to do so, they need to get an endorsement from a relevant competent body in order to obtain a Global Talent Visa.
Any other individual who wants to come work in the UK will need to have a job offer from an approved sponsor. To become an approved sponsor, employers who want to recruit migrant workers will need to take active steps. They will have to check that their business is eligible, and choose which type of workers they are looking to hire: skilled workers with long-term job offers, or temporary workers. Employers will then have to put in place a framework within their business to deal with the sponsorship process, apply online and pay an application fee ranging from £536 to £1,476, depending on the type of business. The whole process usually takes about 8 weeks. Once they become an approved sponsor, they can recruit people without UK residency to fill their job openings.
If an individual, then, receives a job offer from an approved sponsor, they will need to meet a minimum income threshold on top of the language and skill requirements. The general minimum salary threshold is set at £25,600. For some jobs, the threshold may be higher, if the Home Office estimates that it is a higher paid occupation.
If an individual does not meet the income threshold, they may still be eligible for a visa if they can demonstrate that they have a job offer in a specific shortage occupation or a PhD relevant to the job. For these occupations, the income threshold is lowered to £20,480. The list of shortage occupations, which includes doctors and nurses, is published by the Migrant Advisory Committee.
Concerning lower-skilled workers, the guidance explicitly reiterates that “there will NOT be an immigration route specifically for those who do not meet the skills or salary threshold for the skilled worker route.” The skill level for different jobs can be found in Appendix J of the Immigration Rules.
Considering that the average health care worker in the UK makes £19,080 a year, the timing of this publication seems peculiar to say the least. As our Director suggests, how does it make sense for the Home Office state that care workers, nurses, hospital porters, cleaners, logistics personnel, postal workers, etc. will not be able to apply for visa under the new immigration system in the midst of the Covid-19 crisis? It is hard to imagine that the Home Office has a valid reason for needlessly doubling down on an immigration policy which fails to take care of the workers who, in times of crisis, put everything at risk to take care of us.
Just a month ago, when the government introduced its new points-based immigration system, a lot of workers in the health, food production, and transport industries were considered unskilled workers, and unwelcome in post-Brexit Britain.
The basics of the proposed points-based system are clear. If a worker does not have a secondary school diploma, does not speak English, or their salary falls below £25,600, the door to the UK is closed for them. As it turns out, a lot of these “low-skilled” workers are now considered essential in the fight to manage, control and survive the coronavirus crisis. In the current circumstances, they have been put under additional strain.
The trend to bulk buy has put staff in supermarkets and grocery stores under significant pressure, with one employee writing that him and his co-workers have been working long days on their feet, anticipating the next few weeks to be “a nightmare,” and advising against panic buying. There is no reason to bulk buy: there are no food shortages anywhere in Europe, and supermarkets are staying open throughout nation-wide lockdowns as they are part of a (small) group of essential businesses which are exempt from the new rules.
But this may soon change. Agricultural workers from eastern Europe usually fill the majority of jobs on farms. The combination of Brexit caps on seasonal workers with strict coronavirus travel restrictions has slowed recruitment in agriculture, and the EU labour force is simply not coming through. UK farmers find themselves in a crisis and could face a shortage of 80,000 labourers this summer if the Government fails to intervene. These spots as fruit pickers need to be filled by British workers or fruit and vegetables will be left unpicked, and stocks could be put in danger.
Jobs now classified as “key workers” include NHS staff, social workers, the police and military, and those working in food distribution, energy, utilities and transportation. In other words, the people sustaining essential businesses are, by extent, deemed essential workers, as they help feed and care for a country in standstill.
Only a few weeks ago, Johnson’s government described these people and the jobs they filled as “low skilled”, stating that the government “intends to create a high wage, high-skill, high productivity economy.” If anything, the COVID-19 pandemic highlights the stark dissonance between this government’s policy on who is key in keeping the economy running and the truth on who is actually keeping the country together. It proves that “low-skilled” labour does not equate low-value labour. Recognising these workers as “key” or “essential” is a step towards recognising that they form the backbone of our society and without them, British civilisation would have already collapsed. The question remains whether this will be reflected in immigration policy when all of this blows over, and the pandemic finally dies down.
On 29 March 2017, the United Kingdom notified the European Council of its intention to leave the European Union, in accordance with Article 50 of the Treaty on European Union. After almost three years of delay, powerplay and disarray, the day has finally come. Yesterday, the European Parliament officially approved the Withdrawal Agreement. Emotional but sober images of Remain MEPs singing Auld Lang Syne as MEPs signed the Agreement. At 23:00 tonight the British Union flag will be removed from the European institutions in Brussels, and the EU flag lowered from City Hall in London. The UK will officially no longer be a part of the European Union. In anticipation of this, steps have been taken to prepare the country for a complete upheaval of the legal and political framework in the UK.
In an act of defiance, the Scottish government narrowly won a vote to keep the EU flag flying over the Edinburgh parliament building after Brexit. Because, as Fiona Hyslop, cabinet secretary for culture, tourism and external affairs, stated, “at times of uncertainty and disruption, symbols matter.”
And symbols do matter. They do not, however, define what will happen to EU citizens living in the UK in practice – not in the short term. What will change, here and now, for EU citizens coming to the UK and the other way around? Obviously, a lot. Today the government published a Statement of changes to the Immigration Rules, officialising the first immediate change in the law of the UK in practice.
It introduces a new visa category called “Global Talent.” This will replace the existing Tier 1 (Exceptional Talent) category. The Global Talent visa is branded as a new type of visa for talented and promising individuals in the fields of science, digital technology, arts and culture wanting to work and research in the UK.
The process to receive this visa is not dissimilar from the old Exceptional Talent route: Global Talent applicants must hold an endorsement from an organisation engaged by the Home office to develop sector-specific criteria, just like before. The main difference is that the new Global Talent category will not be subject to a cap on the number of applicants, whereas the ole Exceptional Talent category was capped at 2000 places per year. The removal of the cap is supposed to ensure that migrants who can meet the qualifying criteria will be able to secure entry to the UK. Applicants will be able to choose how much leave, in whole years, up to a maximum of 5 years they wish to be granted in a single application, and pay their immigration health surcharge accordingly.
The new category will take effect on 20 February 2020 – real and tangible changes to many other areas of the law will follow until the end of the transition period in June 2021. Incremental change as well as major overhauls will transform the UK after Brexit, including Scotland, and no flag waving above Holyrood will change that.
On 11 September 2019, the UK government announced an extension of the post-study visa rules. International students who complete their degree at a recognised institution will be able to stay in the UK for two years after graduation, increasing their chances of finding long-term employment upon completion of their studies.
The current immigration policy gives students just four months to find work after graduating. As the country is preparing itself for a fall in recruitment from the EU for education and employment alike when freedom of movement ends after Brexit, the announcement was greeted with enthusiasm by both the education sector, which only benefits from attracting more international students who pay higher tuition fees, and the business sector alike.
Grace Kuperman, a US national, graduated with a First-Class Politics BA from a Russel Group university. She is now writing her dissertation for her MSc in Security Studies at University College London.
“For certain sectors, such as British politics, I understand to an extent to why British employees are preferred, but I have studied here for almost four years now and I feel as though certain fields in the UK are missing out on valuable potential employees due to visa restrictions.”
The pressure of the current rules on international students in the UK should not be underestimated. One recent graduate, Tracy Jawad, moved back to Beirut, Lebanon in October 2019 when her student visa expired. She studied Politics at Queen Mary University of London.
“I think that a lot of people from the same background as me just jumped into masters to avoid having to leave the country. I decided not to do that because I wanted to get some work experience first, and because a masters degree is a substantial investment.
I was applying for graduate jobs from October 2018 onwards. It was an extremely difficult and unfair process; often job descriptions did not specify that they would only accept UK, EU, or even Commonwealth citizens. Only when I got rejected, after having gone through the whole application process, would I find out. Even then, I was the one who had to reach out and ask for feedback as to why I didn’t get the job, and companies would then respond my application was side-lined because an international student is less employable than a home or EU applicant.”
The Home Office publicises the reforms to the rules as an answer to the problem Tracy outlines: a new way of attracting young international talent. Home Secretary Priti Patel championed the extended post-study visa as a “new way for talented international students, whether in science and maths or technology and engineering, to study in the UK and then gain valuable work experience as they go on to build successful careers.” However, there are multiple caveats.
The Home Secretary’s enthusiastic announcement fails to mention that the two-year extension is not a “new route” into graduate success. It is simply a revocation of the current policy, which was controversially put in place by Theresa May in 2012 as part of the hostile environment policy against illegal immigrants in the UK, and which has been contested ever since.
Tracy: “If there is such a hostile environment against international students, then UK universities should not be allowed to use us as poster boys, or as alluring marketing ploys. All you ever hear about Queen Mary is how diverse it is, but ultimately, as one of those people bringing diversity to the university, I have not benefitted from Queen Mary’s international community; I’m back in Beirut now.”
The new policy will not apply retroactively; only students graduating in 2021 and thereafter will be able to access the scheme. This puts current students at a competitive disadvantage with future students.
MM, who wishes to remain anonymous, moved to London from Egypt to study Business Management at undergraduate level and is now reading a MSc in International Marketing at King’s College London, explains:
“I don’t think I got a fair shot at finding a job in the UK, definitely not. Due to the preference for EU and UK graduates, job offers clearly state that they do not sponsor an international working visa or permit. Because of this, I didn’t even apply for jobs within the UK, as I felt like there was no point. Instead I embarked on a masters degree to have more specific qualifications within my industry, and hopefully that will increase my employability.”
“I’m happy my younger sister might have better chances at finding a career within the UK should she choose to study here, but for me, it is too little, too late.”
Tracy, who will be eligible for the two-year extension should she start her masters next academic year, says:
“When I heard of the post-study visa extension, I was mostly really happy for myself, that I did not immediately started my masters upon graduation. Thanks to my decision to move back and rethink my options, I will now have two years after my masters degree. That is such a relief, because finding a graduate job is not something that can be done in 4 months.”
“For the UK more broadly, more people are now going to want to study there because the new rules show a willingness to invest rather than just make money out of international students. Plus, although there will still be a cost to hiring an international graduate, it will be easier for students to find companies which are more likely to take on that financial burden.”
However, even given extra time, international graduates in certain sectors will still be disadvantaged. Grace attests to this: “Fields that are flooded with large multi-national corporations, like finance, can afford to hire international students. For me, who is interested in international organisations and politics, it is much harder. NGO’s are famously short on funding and prefer British applicants above all else.”
Tracy confirms: “STEM majors are more likely to get jobs in the UK than humanities majors. When I spoke to other Lebanese people who were applying to jobs at the same time as me, but with Engineering or Computer Science degrees, they were clearly more likely to at least get interviews. It requires funds to sponsor foreign students and unfortunately, humanities organisations do not have as much money as STEM companies. That is not how it should be.”
As the new rules apply to all non-British students, they will bring EU students to a level playing field with international students. This would not only boost the economy, but also avoid a brain drain to countries whose rules are more relaxed, and let their graduates stay for longer periods of time post-graduation. At least that’s the idea. In practice, EU students will face many challenges: tuition fees, already elevated for international students, will probably rise further for those from the EU, until they are equal to international levels. Meanwhile, EU funding and the future of Erasmus after Brexit are all up in the air.
It is unfair to make international students pay almost twice as much in tuition fees, without any guarantee of a job afterwards, or at the very least the time to look for one. From that perspective, the post-study visa extension is more like a bare minimum than “a transforming new way for talented international students to build successful careers in the UK,” as it has been described by Ms. Patel. Instead of slightly improving international students’ perks at the cost of dragging EU student benefits down, the government’s aim should be to increase all graduate opportunities. University graduates benefit the UK just as much as the other way around. That should be enough of a reason to end the marketisation of education once and for all, and although a two-year extension may seem like a step in the right direction on the face of it, it is not the end of the road for international or EU students.