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

The NHS has one of the most internationally diverse workforces in the UK and with the introduction of a new immigration system on 1 January 2021 the next few months will see many staff dealing with their immigration status, in particular EU nationals who intend to stay here indefinitely. Applications by EU workers under the EU Settlement Scheme must be made by 30 June 2021.

In order to help NHS employers and organisations with staff that are EU Nationals to meet these challenges, we recorded this immigration update, to take you through the key changes and the new procedures you need to be aware of.

We covered a wide range of subjects, including:

• The impact of Brexit on EU national’s UK immigration status;
• How family members are impacted and what steps they should be taking;
• The EU Settlement Scheme – what it is, key dates, how to apply and the potential outcomes of their applications;
• What it means for them when they receive either settled or pre-settled status under the Scheme;
• Practical tips for a smooth application under the Scheme; and
• An update on the position with non-EU nationals.

Most (but not all) staff will be aware of these changes, and some may already have started addressing it.  In the current situation, staff may find it difficult to find sufficient time to deal with these applications and issues by themselves, and many employers will be doing all they can to support and reassure them to minimize the disruption in the coming months.  We explain what employers and employees need to look out for, and what they can do to ensure their application is successful.

The session was hosted by Stuart Craig and immigration experts Natalie Payne and Gillian Burns.

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.