The United Kingdom had made an official exit from the European Union on January 31, 2020. However, both parties decided to keep many clauses and functions untouched till December 31, 2020 for a smooth transition. Therefore, as a result of the ‘Brexit’, from January 1, 2021, many things changed for the people of the United Kingdom, as well as, for the European Union.
Link to original article - https://www.skuad.io/blog/brexit-aftermath-the-uks-new-immigration-system-for-eu-citizens/
2. The United Kingdom had made an official
exit from the European Union on January
31, 2020.
As a result of the ‘Brexit’, from January 1,
2021, many things changed for the people of
the United Kingdom, as well as, for the
European Union.
3. Among those new changes is the new Immigration System.
From January 1, 2021, freedom to work and live between the
UK and the EU comes to an end.
To simplify, it means citizens of the UK will need a visa if they
want to stay in the EU for more than 90 days in a 180-day
period.
Similarly, the UK has also introduced a new points-based
Immigration system, which has brought EU and non-EU
citizens on the same pedestal. The only exception has been
made for the Irish citizens.
4. What Does The UK’s New
Immigration System Say?
The purpose of the UK’s new
points-based immigration system is to
allow entry to skilled workers. And to
qualify as a skilled worker, a foreign
citizen (both EU & non-EU) must
meet certain requirements.
The requirements are:
• they have a job offer from a Home Office
licensed sponsor
• the job offer is at the required skill level –
RQF 3 or above (A Level and equivalent)
• they speak English to the required standard
• the general salary threshold of £25,600, or
the specific salary requirement for their
occupation, known as the ‘going rate’
(whichever is higher)
5. Under the new immigration system, all applicants can trade
characteristics, such as qualifications, against a lower salary
to get the necessary number of points.
If the job offer is less than the minimum salary requirement, but not less than £20,480, an
aspirant may still be eligible if:
• they have a job offer in a specific shortage occupation
• they have a PhD relevant to the job
• they have a PhD in a STEM subject relevant to the job
6. What To Expect: An Employer Looking To Hire A Skilled Worker Outside
The UK
Option 1: Check Immigration Status
Before you employ a foreign worker, you must always use the UK Government’s
Employer Checking Service to check if your candidate has the right to work in the UK.
You must ask the Home Office to check a skilled worker’s immigration status if any of
the following are true:
• they cannot show you their documents because of an outstanding appeal, review or
application with the Home Office
• they have an Application Registration Card
• they have a Certificate of Application that’s less than 6 months old
• they are a Commonwealth citizen who started living in the UK before 1988
7. You’ll need to get the candidate’s permission to make the check, and you’ll have to
provide the candidate’s full name, date of birth, nationality, job title, hours worked per
week, home address, Home Office reference number or case ID (if they have either) to
request a check.
If you want to check their original Application Registration Card or Certificate of
Application, you must also need to provide your business name, type and contact
information.
8. Option 2: Explore the Global Talent Route
If you want to employ a highly skilled professional, you should check your eligibility to
apply under the government’s Global Talent program.
The Global Talent route is open to EU citizens on the same basis as non-EU citizens.
Under this scheme, highly skilled professionals, who can achieve the required level of
points, will be able to enter the UK without a job offer if they are endorsed by a recognised
UK body, as approved by the Home Office.
In this case, you don’t have to be a licensed sponsor to employ a migrant.
9. This route is designed to attract recognised global leaders and promising individuals in
the fields of science, humanities, engineering, arts, and digital technology.
Professionals like scientists and researchers can benefit from a quicker endorsement
process as part of a fast track STEM scheme.
Here’s a list of approved endorsing bodies:
• The Royal Society, for science and medicine
• The Royal Academy of Engineering, for engineering
• The British Academy, for humanities
• UK Research and Innovation, for science and research
• Tech Nation, for digital technology
• Arts Council England, for arts and culture
10. What To Expect: If Your Employee Wants To Work Remotely In An EU
Country
When an employee from an EU country wants to work remotely for a UK company, it
poses a few legal challenges for the employer.
When based in an EU country, the worker will be under the dominion of their country of
residence. As a result, the UK employer will have to follow the employment laws of
another country, which means one must ensure minimum wage decreed in the concerned
EU member state, holidays, and other benefits.
Other than that, there are complications around cross-border tax laws. When an
employee works remotely, issues like whether the employee should pay taxes to the UK
or to their country of residence become inexorable. Some countries have agreements to
prevent remote employees from paying taxes in two countries.
11. What To Expect: The New Immigration System For International Students
A new graduate immigration system will be introduced from June 2021.
Under this scheme, international graduates will be allowed to stay in the UK for 2 years
after their graduation to work or look for work at any level and in any sector.
Students who have completed a PhD will be able to stay in the UK for 3 years after
graduating.
Currently, citizens from the EU, EEA, and Switzerland can apply for student visas, if they:
• are offered a place on a university course
• have enough money to pay for the course and can financially support themselves while
studying
• can speak, read, write, and understand English.
The UK government has shared detailed information on their website.
12. For more information, read the original article:
Brexit Aftermath: The UK’s New Immigration
System For EU Citizens