News

Skilled Workers January 2021

Minimum salary threshold under T2 General was £30,000 under Skilled Worker will be £25,600.

Minimum skill level to sponsor migrants under Tier 2 General was RQF Level 6 (equivalent to Bachelor degree) under Skilled Worker will be RQF Level 3 (equivalent to A-level).

No need to carry out a Resident Labour Market Test under Skilled Worker category.

There is no 6-year limit for which Skilled Workers can remain if they don’t obtain indefinite leave to remain.

The new Skilled Worker category will also leave behind the current Tier 2 (General) requirements including:

• The 12-month cooling-off period for migrants
• The annual quota of 20,700
• The minimum salary threshold for indefinite leave to remain

Can apply to “switch” into the Skilled Worker category without leaving the UK from Intra Company Transfer.

EU Nationals the End of Free Movement & the new Skilled Worker Route

Guidance for EU, EEA and Swiss citizens:

• The end of free movement and the introduction of the points-based immigration system is a big change for EU, EEA and Swiss citizens.
• EU, EEA and Swiss citizens resident in the UK before 31 December:
• EU, EEA and Swiss citizens resident in the UK on or before 31 December 2020 should not apply through the points-based immigration system. They should apply to the EU Settlement Scheme and have until 30 June 2021 to make an application.
• EU, EEA and Swiss citizens who arrive from 1 January 2021 onwards will need to apply through the points-based immigration system.

The new Skilled Worker route

• On 1st December 2020 the Government launched a number of immigration routes under the UK’s new points-based immigration system, including the flagship Skilled Worker route.
• Free movement between the UK and the EU will end on 31 December 2020. From 1 January 2021, anyone coming to work or study in the UK from anywhere in the world, will need to apply through the points-based immigration system. To allow for this, routes already available to non-EU nationals, as well as new routes, including the Skilled Worker route, have been extended to allow applications from EU, EEA and Swiss citizens. This has replaced the Tier 2 (General) work visa route.
• Prepare your organisation: to sponsor anyone through the Skilled Worker route the company must hold a sponsor licence. Once held a certificate of sponsorship is assigned for the individual & the visa application can then commence.

The UK will open a ‘Hong Kong BN(O) Visa’ for BN(O) citizens and their close family members from the end of January 2021.

Important details regarding the new ‘Hong Kong BN(O) Visa’ route:

• Can apply from inside or outside of the UK
• Able to apply to enter or remain in the UK for an initial period of 30 months, extendable by a further 30 months, or a single period of 5 years
• Able to work and study but you won’t be able to access public funds such as social welfare benefits
• Able to apply to settle in the UK (also called ‘indefinite leave to remain’) once you’ve lived here for 5 years
• After 12 months with this status you can apply for British citizenship

To be eligible for this visa route you’ll need to show that you:

• Have BN(O) status – you don’t need valid a BN(O) passport to show this and you don’t need to request a new passport if it’s expired or has been lost
• Normally live in Hong Kong or the UK
• Can accommodate and support yourself financially in the UK for at least 6 months
• Show a commitment to learn English, where appropriate
• Get a tuberculosis (TB) test certificate from a clinic approved by the Home Office
• Can pay a fee and the immigration health surcharge

Current status of BN(O) citizens

• If you’re a BN(O) citizen you can stay in the UK as a visitor for up to 6 months without a visa. However, you are subject to immigration control and, as a visitor, do not have the right to live, work or take up long-term study in the UK.

Entering the UK before the Hong Kong BN(O) Visa is available

If you’re not eligible to enter the UK under an existing immigration route, Border Force officers may be able to consider granting ‘Leave Outside the Rules’ at the UK border for a period of up to 6 months to you and your accompanying dependants. You can then apply for the Hong Kong BN(O) Visa from within the UK when it is available.

To be considered, you’ll need to show:

• Your identity
• Your BN(O) citizen status
• That you normally live in Hong Kong or the UK
• That you can accommodate and support yourself financially in the UK

What you can and cannot do

As a person with ‘Leave Outside the Rules’ you and your dependants can:

• Work
• Study

You cannot:

• Get public funds
• Use the NHS for free (except for limited free services) – you’ll need full health insurance throughout your stay with ‘Leave Outside the Rules’

BN(O) citizens who are already in the UK

If you’re already in the UK, you can apply for the Hong Kong BN(O) Visa from within the UK when it opens for applications from January 2021. You can also apply from within the UK if you were granted ‘Leave Outside the Rules’ at the UK border when you arrived.

If your existing immigration leave expires before January 2021 and you want to stay in the UK before applying for the Hong Kong BN(O) Visa, there are a number of options open to you:

• Extend your existing immigration leave
• Switch into another immigration route - you can submit an application form from within the UK where you would usually need to apply for a visa from your home country
• Re-enter the UK after leaving - at the border you may be eligible to be granted ‘Leave Outside the Rules’ as a BN(O) as set out above
• Apply for ‘Leave Outside the Rules’ from within the UK for up to 6 months

Applying for ‘Leave Outside the Rules’ from within the UK

You can apply for ‘Leave Outside the Rules’ for a period of up to 6 months.

Once you’ve applied, you can stay in the UK on the terms of your existing immigration leave until your application is decided.

You’ll need to pay the ‘Leave Outside the Rules’ application fee.

You’ll need to pay 6 months’ immigration health surcharge.

Once your ‘Leave Outside the Rules’ application had been granted, you and your dependants can:

• Work
• Study
• Use the NHS

You cannot:

• Get public funds

The Student and Child Student routes, collectively referred to as the Student routes, are for both European Economic Area (EEA) and non-EEA nationals.

The Student and Child Student routes have replaced the Tier 4 (General) and Tier 4 (Child) routes in the Immigration Rules.

The main differences between the Tier 4 routes and the Student routes are outlined below:

• EEA nationals will be incorporated into a global application system. EEA nationals will be required to meet the same requirements to study within the UK as non-EEA nationals and will need to apply under the Student rules
• There are increased switching permissions within the study route and increased switching between routes within the Points Based Immigration System. Students will be able to apply for further permission from within the UK, provided they meet the Academic Progression requirement and the new course of study commences within 28 days of the expiry of the current leave.
• Under the Student and Child Student routes, applicants will be able to apply for further permission to stay in the UK to study under Student Routes, unless they last held leave as a visitor; or a short-term student; or granted outside the immigration rules.
• Additionally, a migrant cannot apply if they last held leave as a Parent of a Child Student; a Seasonal Worker; or as a Domestic Worker in a Private Household. These applications will be rejected rather than refused if they do not meet this requirement
• The eight-year time limit on studying courses at postgraduate level has been removed. There is no longer a limit on the time that an individual can spend studying postgraduate courses
• Applicants who apply for permission to stay in the UK will not be required to provide evidence of maintenance funds when they have spent longer than one year in the UK on their current visa
• Students at higher education providers with a track record of compliance will not routinely be required to provide evidence of academic qualifications used to obtain the offer of sponsorship
• Students who will be applying for leave as a Student Union Sabbatical Officer or to study on a recognised Foundation Programme will not be required to prove evidence of maintenance funds, as it is accepted that these individuals will be earning an income during the validity of their visa

New Rules on English Language and Finance (which will only apply to the new Student and Child Student routes at this stage):

• ensure applicants only need to prove the required level of English language to the Home Office once
• update the majority speaking English language country list to include Malta and Ireland (where, for example a non-Irish national has a degree from an Irish university they can rely on this to show their English language ability)
• allow applicants who have gained GCSE/A ‘Level or Scottish Highers in English while at school in the UK to rely on this to prove their English language ability, replacing the ability of Child Students to rely on 6 months in the UK to prove English
• no longer require applicants who have met the maintenance requirement on their current route to meet it again if they have been supporting themselves in the UK for more than a year
• allow applicants to rely on electronic bank statements
• allow applicants to show they meet maintenance requirements by relying on a wider range of accounts

The Home Office (UK Visas & Immigration) have released further details that sets out the post-Brexit immigration system that begins on the 1st January 2021.

From 1 January 2021, EU and non-EU citizens will be treated equally and there will be a focus on catering for the most highly skilled workers, students and a range of other specialist work routes including routes for global leaders and innovators.