New points-based immigration system

Following Brexit, there will be changes to the way in which all migrants come to the UK to work. From 1 January 2021, free movement will end and a points-based immigration system, applying equally to EU and non-EU citizens, will be introduced. 

Under this points-based system, points will be assigned for specific skills, qualifications, salaries, and shortage occupations. Visas will be issued to those who gain enough points. A total of 70 points is needed to be able to apply to work in the UK.

The points-based system will not apply to EU citizens who are living in the UK on 31 December 2020. Up to 30 June 2021, they and their family members can make an application under the EU Settlement Scheme. ROI Nationals do not have to apply under the EU Settlement Scheme because the Common Travel Area rules allow Irish and UK Citizens common rights of travel, work, education, benefits etc. in either jurisdiction.

Transitional arrangements will allow employers to accept passports and national identity cards of EU citizens as evidence of their right to work in the UK up to 30 June 2021.

From 1 January 2021, anyone coming to the UK to work will need to demonstrate that they have a job offer from a Home Office approved sponsor, the job offer is at the required skill level, and they speak English.

If they earn more than the required minimum salary threshold they are eligible to make an application. If they earn less than the required minimum salary threshold, but no less than £20,480, they may still be eligible if they can demonstrate that they have a job offer in a specific shortage occupation or a PhD relevant to the job.

Anyone coming to work in the UK will need to be paid the higher of the specific salary threshold for their occupation – the ‘going rate’ – and the general salary threshold. However, some applicants will be able to trade characteristics, such as their qualifications, against a lower salary. The general minimum salary threshold will be £25,600.

All jobs have a corresponding Standard Occupational Classification (SOC) code. The ONS Occupation Coding tool can be used to identify the relevant SOC code for the job.

Current skill levels for SOC codes are set out in Appendix J of the Immigration Rules. These will be updated to expand the list of occupations that will be eligible for the Skilled Work route.

From January 2021, the current Global Talent route will open to EU citizens on the same basis as non-EU citizens. This means the most highly skilled, those who can achieve the required level of points, will be able to enter the UK without a job offer if they are endorsed by the relevant competent body.

In the future, an unsponsored route for highly skilled workers will be introduced which will allow a small number of the most highly skilled workers to come to the UK without a job offer.

There will be no immigration route specifically for lower skilled workers, those who do not meet the skills, or salary threshold for the skilled worker route.

The government says that the new immigration system will provide greater flexibility for employers. Employers can benefit from a youth mobility scheme and the UK has arrangements with eight countries and territories to enable around 20,000 young people to come to the UK each year.

The government says that initiatives are being introduced for scientists, graduates and NHS workers. A new Graduate Immigration Route will be available to international students who have completed a degree in the UK from Summer 2021. This will enable international students to remain in the UK and work at any skill level for two years after they have completed their studies.

Employers who are not currently approved by the Home Office to be a sponsor should consider applying now if they think they will want to sponsor skilled migrants, including EU nationals, from early 2021. The application takes about 8 weeks.

Employers do not need to be a sponsor to employ someone from the resident labour market with an existing right to work in the UK. This includes EU citizens with settled or pre-settled status, and non-EU citizens with indefinite leave to remain in the UK.

More detailed information is available on the government website.