As the UK has left the EEA, the UK government has decided to overhaul some of the UK Immigration Appeal system with new policies, reforms and innovations specifically in connection with Skilled Migrant workers. The UK government has decided to adopt some of the recommendations by the Migration Advisory Committee (MAC), which is an independent government advisory body on UK immigration. And although the MAC’s recommendations cover a broad spectrum of UK Immigration Laws, this article focuses on Skilled Migrant workers, specifically on what is known as the Points-Based System (PBS).
What is the current UK
Immigration System?
Under the current skilled migrant
worker route, EU nationals are not required to have a visa either to travel or
work in the UK because they benefit from "freedom of movement" and
only need to comply with a set rule to work in the UK. However, for skilled
migrant workers coming from outside the EU, there is a system in place which is
based on points. The PBS has four main tiers and to be eligible for a visa an
applicant would be assessed and awarded points in certain criteria, such as
specific skills, salaries of professions. The following are the four main PBS
visa routes: Tier 2 General Migrant (Skilled workers), Tier 4 Students, Tier 5
Migrant and Tier 1 Investor Migrants. Under the Tier 2 Skilled worker routes,
points are awarded if the applicant is sponsored by an Employer with a Sponsor
Licence, is being paid the appropriate salary, meets the English language
requirements and meets the Maintenance funds requirement. Applicants will
therefore be granted visas if they gain enough points to take them above a
certain threshold, and in view of some of the challenges applicants encounter
regarding attaining the required threshold, the MAC recommended some changes to
certain criteria of the threshold.
The current route Tier 2
General Migrant (Skilled worker route)
Skilled workers making
applications for Tier 2 General visa would be required to gain 70 points on the
following criteria: 30 points would be awarded for having a sponsor, 20 points
for being offered the appropriate salary (current minimum threshold £30000), 10
points for having a certain level of English language skills and 10 points for
having enough funds to maintain yourself once you arrive in the UK. If an
applicant fails to gain the required 70 points, there is no way the applicant
will be given a visa under this route. In view of these stringent criteria, the
MAC has recommended some changes to the current requirements in order to make
it easier for skilled and talented migrants to relocate to the UK to assist in
building the UK’s economy as a result of Brexit.
What are some of the
recommendations from MAC?
The MAC recommended that as a
result of the UK exiting the EEA, the UK must reform its immigration system to
be skilled-focused in order to attract high skilled migrant to medium-skilled
migrants to relocate the country. They also recommended the abolition of the
Resident Labour Market Test and implement a simplified process as the current
process can be challenging; and also recommended a new work route for entry to
the UK without a job offer (current route: Tier 1 (Exceptional Talent).
The MAC recommends amending or
replacing the Tier 1 Exceptional Talent visa to provide a more adequate route
for skilled workers without a job offer. The UK government has already accepted
this particular recommendation and the route will be open to new applicants for
what is known as the Global Talent visa route. Under this route applicants
would not need a job offer to come to the UK, but rather the potential talented
applicants must first secure an endorsement from their respective endorsing
bodies before making the application. Please refer to our recent article
published on 12 February 2020 under the caption: The UK welcomes the Global
Talent visa.
What are the changes with the
Minimum salary threshold?
MAC further recommended that the
government maintain the salary threshold requirement. However, the government
should lower the current minimum salary of £30,000 threshold for the admittance
of a skilled worker from anywhere in the world, including EEA nationals, should
be £25,600 and £17,600 for new entrants (currently £20,800) based on specific
calculations, unless the relevant SOC code stipulates a higher minimum. This is
significant if the UK government goes ahead and implement these recommendations
as it would enable a number of UK employers to recruit more high - medium
skilled migrants to relocate to the UK.
Who can I contact for legal
advice?
If you need a U.K. immigration lawyer and need assistance with any aspect of UK Immigration Lawyer whether from inside the U.K. or from overseas, contact Aschfords Law in Harrow, London. We have experience in offering specialist advice in respect of all U.K. immigration matters and have insight to make the process as smooth as possible. We also provide legal advice and assistance in respect to Wills & Probate, Litigation, Landlord and Tenant.
Please contact us today on:
+44 (0) 7582932830.
