The UK Immigration System

As a result, increasing numbers of employers are looking to recruit staff from overseas in order to fill these gaps in their workforce. It is now nearly a year since the UK’s immigration system was overhauled to apply to both EU and non-EU workers.

In this webinar our immigration experts discussed:

• The impact of the new UK immigration system;
• Who needs a visa to work in the UK;
• How to apply for a sponsor licence to sponsor non-UK nationals for a visa;
• What you need to know about employing individuals who require a visa;
• Alternative visa types that do not require sponsorship.

Watch here

Free movement with the European Union (EU) ended on 31 December 2020 and a new points based immigration system was introduced to apply to EEA and non EEA nationals.  The visa routes include those for high value and highly talented migrants, skilled workers, temporary workers, entrepreneurs, students and graduates.  Outside of the points based system there are visa routes for family members too.

Before 1 January 2021, EU and EEA nationals could travel freely to the UK to live and work without a visa.  There was a separate system  for migrants from outside the EEA – a four tier points based system.

In order to be eligible for a visa in any of the four tiers the individual must have passed a points-based assessment. These visas covered most work, study and investment opportunities in the UK:

Tier 1 – High-value migrants

Tier 2 – Skilled workers

Tier 3 – Low skilled workers (never introduced)

Tier 4 – Students

Tier 5 – Temporary workers

There were also other visa types for non-EEA nationals which fell outside of the points based system and were primarily for visitors, family and limited business categories.

Between 31 January 2020 and 31 December 2020 there was a transition period during which free movement of European nationals continued.  This came to an end on 1 January 2021 and from this date:

• EEA nationals (and their family members) who began residing in the UK on or before 31 December 2020 must have registered under the EU Settlement Scheme by 30 June 2021; and
• EEA nationals (and their family members) who did not begin residing in the UK on or before 31 December 2020 must have a visa in order to travel to the UK to work.

• The main change is that we now have one system which applies to both EEA and non-EEA nationals.
• The new system is a points based system and an applicant has to receive a minimum of 70 points which they get through:
  • being sponsored
  • the role being at the appropriate skills level
  • meeting the English language requirement
  • meeting the required salary level.
• Applicants overseas are able to apply using an app which they could not under the old system.
• Most of the immigration/visa categories have been renamed.
• The Resident Labour Market Test has been removed.
• The skills threshold has been lowered as has the salary threshold.
• The names of Certificates of Sponsorship have been changed.

There are some visa types which UKVI didn’t allow individuals to switch from and to and this meant that they couldn’t apply for the new visa from within the UK and instead had to leave the UK and apply from overseas.

Whilst there are still some restrictions, these have been relaxed under the new system which makes the process quicker and easier.

Previously, Tier 2 ICT visa holders could not switch to a Tier 2 General visa, instead they had to leave the UK for a 12 month ‘cooling off period’ and apply once this period had expired.  Under the new system they are able to switch from an ICT to a Skilled Worker visa which also means that they will subsequently be able to apply for ILR after holding the Skilled Worker visa for 5 years.

In addition, Dependant visa holders are also able to switch from within the UK to the Skilled Worker visa which they couldn’t before and so will Tier 5 visa holders which again, wasn’t permitted under the old system.

This is helpful to employers whose employees previously had to spend weeks or months outside the UK waiting for their new visa, whereas now they will not need to travel and can continue to work in the meantime so long as they are eligible to switch visa types from within the UK and submit their application before their current visa expires.