THE NEW POINTS-BASED IMMIGRATION SYSTEM, WHAT YOU NEED TO KNOW, COURTESY OF BSCC MEMBER VESNA TRIFUNOV COLLINS

From 1 January 2021, free movement will end and the UK will introduce a Points-Based immigration system. 

The Immigration Act 2020 is providing the legal bases for ending freedom of movement at 11pm on 31 December 2020 and paves the way for a Points-Based Immigration System. The new system will treat EU and non-EU citizens equally and transform the way in which all migrants come to the UK to live, work or study.
 

The Government is eliminating a number of immigration rules that have needlessly restricted sponsored migration and make the system simpler.
 
The Tier 2 General Migrant route is replaced by an Appendix Skilled Workers.
Some main changes include:     

• Switching categories in country will be easier
• The minimum skill threshold is lowered from RQF level 6 to RQF level 3 ( equivalent  to “A” level)
• The current Tier 2 Migrants cap is suspended.
• Sponsors will no longer need to undertake a Resident Labour Market Test.
• The general salary threshold is lowered
• Introduction of mandatory and tradable points
• The salary for threshold for indefinite leave to remain application is being replaced 
• The 12-month “cooling off period” and six-year maximum length of stay in Inter Company Transfer route are being removed.

Health and Care Visa
 
Some great news for the Heath and Care Visa applicants, they will benefit from the fast-track entry, reduced application fees and exemption from the Immigration Health Surcharge for both applicants and their families.
 
Visitors
 
More generous rules for visitors’ who will be permitted to study at an accredited institution of up to six months under the standard visit route. The Government intention is for citizens of the EU and Switzerland to not require visas to visit the UK up to 6 months.
 
Students
 
Lastly, some welcoming news for students. The Government  will be launching the Graduate route in Summer 2021 to allow those who have completed a degree at a UK Higher Education Provider, that has a track record of compliance, to stay in the UK for two years (three years for PhD graduates) and work at any skill level, and to switch into work routes if they find a suitable job.
 
Overall, in my opinion, these changes seem to be a positive step forward.
 
For more information you can contact us or check the Gov UK website.

https://www.gov.uk/government/publications/uk-points-based-immigration-system-employer-information/the-uks-points-based-immigration-system-an-introduction-for-employers

Vesna Trifunov Collins

 www.vclegaluk.com