From 1 January 2021, EU and non-EU citizens will be treated equally. The government aims to reduce overall levels of migration and give top priority to those with the highest skills and the greatest talents: scientists, engineers, academics and other highly skilled workers. This has already been brought into motion with the Tier 1 Exceptional Talent being rebranded as the Global Talent visa.
Priorities are given to Skilled and Highly Skilled workers, all of whom will need to be sponsored in order to work and live in the UK. The government has accepted the Migration Advisory Committee’s (MAC) recommendation on lowering the salary thresholds from £30,000 to £25,600. However, the economic migrant’s salary will still have to fall within the higher brackets of the specific threshold for their occupation. The good news is migrants will be able to ‘trade’ characteristics such as their specific job offer and qualifications where there is a lower salary.
Let us look at the changes in detail.
Skilled Workers
As mentioned above, workers will still need to be sponsored and will need a job offer, satisfy the English language requirements and be working at a certain skill level (currently set to Level 6 (Degree), but will be reduced to Level-3 (A-Level) at a later stage).
A minimum salary requirement still applies, but the minimum threshold will be reduced to £25,600 in line with the MAC’s recommendation. What’s interesting is the flexibility being introduced; workers earning between £20,480 to £25,600 will still be able to get a visa on the condition that their jobs are in shortage occupation or they are highly qualified.
To simplify the table above, the minimum salary for a UK work visa will be £20,480 for people working in a position on the Shortage Occupation List or for individuals who have PhDs in Science, Technology, Engineering, or Mathematics.
For PhD qualified persons whose specialisms are not in the fields listed above, the minimum salary requirement will be £23,040 but relevant to the job.
It also appears that the Resident Labour Market Test will no longer apply, and the government will continue to make different arrangements for a small number of occupations where the salary threshold that must be met will be based on published pay scales. As per current practice, the requirements for new entrants will be set at a rate 30% lower than that for experienced workers in any occupation and only the base salary will be used to determine whether the salary threshold is met.
Lower-skilled Workers
The will be no visa route for “lower-skilled” workers. Businesses are encouraged to utilise the existing workforce available, which includes British citizens, settled persons and European nationals who have secured their right to remain in the UK under the EU Settlement Scheme.
Highly Skilled Workers
The government has rebranded the Tier 1 Exceptional Talent route into the Global Talent visa (more information available here)
This route allows highly skilled migrants to come to the UK without having to be sponsored.
What’s Next for Companies?
It is more important now than ever for companies to make preparations to ensure and maintain the workforce necessary. We recommend companies look into their existing workforce and plan ahead by applying for a Sponsor License so that they may continue to hire foreign migrants to work, a category which will now include EU nationals.
Speak to one of our specialist Immigration Lawyers for advice on how to equip your company with a Sponsor License.
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