How to emigrate to the UK under the new points-based system

The UK launched a revised points-based system on 1 January 2021. If you need to understand how to immigrate to the UK, you’ll want to pay attention to the laws, says Nicola Digby, senior advisor at cross-border monetary and immigration companies Sable International.

On 31 December 2020, freedom of motion between the UK and the EU ended, and a new points-based system got here into impact. This new system permits EU nationals to apply for the related visas required to stay and work in the UK, in addition to persevering with to give that very same capacity to non-EU nationals. If you’re questioning how to immigrate to the UK under the new regime, you’ll have to accumulate not less than 70 factors so as to be eligible for a visa.

Below Digby solutions a few of the most often requested questions round this subject.

How will the new points-based system have an effect on EU and non-EU residents?

The points-based system treats EU and non-EU residents equally. This signifies that EU residents who need to transfer to the UK for work will want to search permission, in the identical method that non-EU residents at present want to apply for a visa earlier than working in the UK.

EU residents already dwelling in the UK with pre-settled or settled standing, in addition to non-EU residents with indefinite depart to stay (ILR), might stay and work in the UK with out the want to apply for additional work permission. Irish residents don’t want to apply for a visa under the new Skilled employee route, and robotically have the proper to stay and work in the UK.

What is the new Skilled Worker immigration route?

The main route to work in the UK is to receive employer sponsorship under the Skilled Worker class. In order to qualify, you will have to receive factors on the foundation of your {qualifications}, expertise, potential revenue and different elements, reminiscent of whether or not there’s a scarcity of appropriately expert UK resident candidates for a job.

You will want to receive 70 factors to have the option to apply for a Skilled Worker visa. 20 factors will likely be awarded you probably have a job provide from an permitted sponsor. Any business that wishes to recruit employees from outdoors the UK via the Skilled Worker route will want to turn into a licenced sponsor.

What type of work qualifies for a Skilled Worker visa?

Under the new immigration system, to qualify for a Skilled Worker visa, the job have to be expert at or above RQF stage 3 (A-Level {qualifications}). The Home Office has established an inventory of roles which meet the required talent stage. The checklist of occupations that do and don’t qualify for a Skilled Worker visa may be present in the Skilled Occupations Appendix.

Many technical occupations which might not have been sufficiently expert to qualify for the outdated Tier 2 (General) visa might now qualify under the Skilled Worker visa route.

Can I be transferred via my company?

Yes. The new system additionally permits Intra-company Transfers (ICT) under particular circumstances. For instance, when you work for a multinational business with worldwide places of work, the ICT route permits you to be transferred to a UK office.

You will need to have been employed for not less than 12 months (until deemed a “high earner”) at the abroad sending company earlier than being transferred to the UK. The earlier employment criterion is decreased to three months if you’re a graduate intra-company trainee.

The UK position have to be at NQF 6 stage and meet the minimal wage threshold of £41,500 (or £23,000 when you’re a graduate intra-company trainee). The eligibility necessities are subsequently at the next threshold than these of the Skilled Worker route, though not having to show English Language capacity is a key differentiator.

It is essential to word that the Intra-company Transfer class nonetheless doesn’t lead to settlement and this largely diminishes the attraction of this route to UK employers in consequence.

I’m thought-about a pacesetter in my subject, what are my choices?

The Global Talent route permits you to work in the UK if you’re a pacesetter or potential chief in academia or analysis, arts and tradition or digital expertise.

What if I’ve simply finalised my research?

The Graduate route, which will likely be accessible from 1 July 2021, will permit worldwide college students who’ve accomplished a level in the UK to stay in the nation for 2 years after they graduate, whereas worldwide college students who full a PhD will likely be allowed to stay for 3 years.

If you might be then supplied expert employment with a licenced sponsor who’s keen to sponsor you, you could have the option to change to the Skilled Worker visa class.

I’ve secured a UK job provide, what does my employer have to do now?

If a UK employer needs to hire you under the Skilled Worker visa route, they need to maintain a Home Office sponsor licence.

This licence have to be in place earlier than your Skilled Worker visa application may be made. It is really helpful that employers get skilled recommendation relating to the difficult immigration legal guidelines hooked up to the course of and the varied duties that accompany sustaining a sponsor licence – reminiscent of record-keeping and reporting to the Home Office.

It is important that your employer is aware of what these duties are and places methods in place to adjust to them. If the Home Office believes that your employer has breached their sponsor duties, it should take steps to revoke the business’s related sponsor licence and introduce a fantastic. This will even then have a bearing on the validity of your Skilled Worker visa.

What will my employer pay for sponsoring me to transfer to the UK for work?

Government charges stay the identical as for the earlier Tier 2 (General) visa scheme, at present set at £620 for a visa issued for up to 3 years or £1,220 for a visa issued for up to 5 years. These charges are topic to change, and there are variations primarily based on the nationality of the applicant, or whether or not their position falls right into a scarcity occupation.

The Immigration Health Surcharge for adults has additionally elevated to £624 per year. For youngsters under 18, it should price £470 per year.

Employers will even want to take into accounts the Immigration Skills Levy, which is a yearly payment imposed on corporations who sponsor migrant employees. This payment is to “contribute towards addressing the skills gap in the local economy”. The payment is both £364 per year in case your sponsor is taken into account a small business, or £1,000 per year in any other case.

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