On the 11th November 2020, it was officially announced that the Immigration Act 2020 had received Royal Assent to end free movement on New Year’s Eve.
The new Immigration Law will close the book on free movement and transform the United Kingdom’s Immigration system into a single point’s-based system consisting of tiers that offer routes to employment, training or studying with the UK. This is crucial to foreign nationals as the new law will give the UK immense power and control for the first time in decades.
Essentially, the new law is implemented so the UK chooses who should enter the country as quoted by Home Office Secretary Priti Patel that “We’re ending free movement, taking back control of our borders and delivering on the people’s priorities by introducing a new UK points-based immigration system, which will bring overall migration numbers down.” This is to ensure that the UK allow those to enter based on skill sets that they can offer, rather than where they originate from.
Who can apply?
The aim of the new point’s-based system is to attract and prioritise the most “highest and brightest” skilled workers to improve employment and experience between applicants and employers.
The new system will award points based on those skills such as qualifications, education, salary, language, experience etc.
These points will locate potential foreign nationals to enter the country as a skilled individual by providing suitable routes for skilled workers, global leaders, students and innovators; as well as offering priority applicants that can show off their talents who can deliver a range of benefits across the UK economy. For example, engineers, scientists, doctors and so forth.
How are the points calculated?
In order to apply under the new Immigration system, points must be calculated from those applying based on specific requirements from which if they are successful, then a Visa will be awarded. A figure of 70 points or more is typically needed to apply within the UK under the new system. For instance, it is calculated that there are 50 “mandatory” points in order for an application to be considered when applying for a Skilled Worker Visa, which are stated below:
| Offer of a job by an approved sponsor | 20 points |
| Job at the appropriate level | 20 points |
| Speaks English at the required level | 10 points |
Further, in order to make up the remaining 20 points, there are various points which are known as “tradable” that fulfil the requirements to apply for a Visa.
However, each route differs as to its criteria on how scores are tracked. The routes are as follows:
- Skilled Worker
- Global Talent
- Graduate
- Intra-company Transfer
- Other routes
The above-routes mentioned provides applicants and various employers the opportunity to apply under various routes. This is to ensure that businesses have several options and the flexibility to search for appropriate candidates, and not all routes would need a sponsor for an applicant.
How much will it cost?
The Home Office Application fee varies and will depend upon the route you are applying for and the skill set that each applicant acquires as the applicant must have money for the following:
- Home Office Application Fee
- Heath Care Surcharge
- Money to Support Yourself
How to prepare for the new Immigration system?
The government has published basic information on guidance for the new Immigration Rules. However, with ending the chapter on free movement and entering a new era, there are a few things individuals should prepare for as the new routes take effect such as:
- Employers to Consider recruiting Skilled Workers – to avoid indirect discrimination.
- Get a Sponsor Licence – if you want to employ someone who is currently not residing in the UK.
- Transfer employees under the Tier 2 (Intra-Company Transfer) Visa onto the Skilled Worker Route
- Budget wisely – ensure you are able to prove that you are able to provide for yourself and/or supporting those applying.
- Apply for the EU Settlement Scheme – applies to all who currently reside in the UK as an EU citizen exercising their treaty rights. The deadline to apply is on the 30th June 2021.
Aristone Solicitors can help you with all your Immigration requirements. If you need help in applying under the new point-based system and seek knowledge on what route would be suitable for you, contact one of our Immigration Advisors and book an appointment for any enquiries relating to your Visa Application.
