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How does the new UK points-based immigration system work?

The UK is finally open for applications from skilled workers around the globe. There is no difference now between non-EU and EU citizens for opportunities, settlement, and career-making. The UK did it as taking control of immigration was one of the key themes of the Leave campaign in the 2016 referendum.

The immigration rules changes are in effect from 9 am 1 December 2020. The statement of changes in immigration rules HC813 was announced by the UKBA on 22 October 2020. Having a job offer from an approved employer, English knowledge, and certain salary requirements make it now easier for those willing to qualify for the new work visa. people having better qualifications will be having an edge over others. “Today, we have delivered on that promise. This Government promised to end free movement, to take back control of our borders, and to introduce a new points-based immigration system, Home Secretary Priti Patel said. Introducing the new system was a key Tory Party manifesto at the last election, with Boris Johnson promising to replace the EU’s freedom of movement is a new, fairer system.

How does the new UK points-based immigration system work?

The new immigration system has been based on a points-based stream. The UK has practiced the old-fashioned work visa stream for a long time which gave it more lower-skilled labor instead of highly qualified immigrants. Especially immigrants from around EU countries could never show up basic hub and hotspot for the professionals and exceptional talent for the UK. The country has been trying to copy the PR and settlement system of Australia and Canada and there were signs of adapting these policies as it is but later on, MAC (Migration Advisory Committee) discovered it’s on the way to 70 points for qualification threshold for a work visa.

Highlights of the UK’s new immigration rules

  • a cap on immigration numbers have been abolished
  • Tier 2 category has been replaced by general work visa
  • low level of salary threshold has been introduced (previously £30,000 but now will be £25,600)
  • lower skill level minimum to be accepted at RQF 3
  • no cooling-off periods (where migrants had to wait 12 months before applying for another Tier 2 visa) will apply to the route, and there will be no six-year total length of stay on a General worker visa. The residence permits can now be extended indefinitely
  • more switching between visa routes is now permitted than ever before

The new immigration policy may well bring down the numbers of immigrants as currently, 70% of immigrants are low-skilled workers who will no longer find a route in the future. Since the UK is no more willing to have low-skilled workers,  it is said the 3.2 million EU citizens who have applied to stay in the UK could help meet labor demands for the coming future years (for low-skilled jobs).

UK’s HC Immigration Rules Changes for all categories 

1- New General Work Visa

The Skilled Worker route is a new point-based route for those who wish to come to the UK for the purpose of working in a skilled job they have been offered. The key characteristics of the new route are that an applicant must be sponsored to do a specific job, which meets skill and salary requirements, by an employer that has been licensed by the Home Office. For applying for the work visa according to the new points-based immigration policy, the following are the details:

  • Job offer required from recognized UK employer
  • Low level of salary threshold (previously £30,000 but now will be £25,600).
  • The ones who do not fulfill the salary threshold can also apply with a minimum salary threshold of £20,480 but they will have to show that their skills and job offer are from the shortage occupation list. Applicants will also be able to apply with an income threshold of £22,000 if they have a relevant Ph.D. in a STEM subject.
  • Expansion of skills threshold. Previously only graduates were able to apply but now the ones having a qualification equivalent to A-Levels will be able to enjoy the ease of applying for a work visa.
  • Those who cannot fulfill the requirements (especially the salary threshold) of 70 points for applying for a work visa, may still be able to enter the UK if they have a relevant Ph.D. in a STEM subject.
uk work visa points
Salary is before tax (Gross Income) and per anum. Courtesy Home Office, UK

How much will it cost?

The visa cost depends on where you are applying for it. There are certain ways you can calculate your expenses for a UK points-based work visa. However, the application fee will depend on how many years the job seeker plans to work in the UK, and whether their job is on a list of skills that the UK has shortages of. This could be as under:

  • If their skills are not on that list then the standard fee will be between £610 and £1,408 per person.
  • Jobseekers will also have to pay a health surcharge of £624 per person per year when they apply – that money is refunded if they don’t get a visa. And they will need to show that they have the means to support themselves in the UK, which usually involves having at least £1,270 available.

2- The visitor visa rules 

Beyond other changes, visitors will still be unable to stay in the UK in the long term for example more than 6 months. Visitors will still be unable to work during their stay in the UK. Visitors can attend conferences and meetings, attend interviews, gather information for their work overseas, give and receive training in most circumstances. A new Short-term Study route is being introduced for students who wish to come to the UK to study English language courses for between 6 and 11 months, replacing the current route. The study must be at an accredited institution. Students who wish to come to the UK to study for 6 months or less may now do so under the Visitor route. There have been some certain changes in visitor visas. Most of them are on the positive side such as:

  • volunteering work will be allowed on the visitor visa if needed
  • study permission of up to six months under the standard visit route. All study must be undertaken at an accredited institution, except recreational courses are undertaken for leisure that lasts no longer than 30 days
  • allowing drivers on international routes to collect as well as deliver goods and passengers in and out of the UK

3- Global talent scheme

The Global Talent route, which has replaced the Tier 1 (Exceptional Talent) route, will be extended to EEA nationals. Under this route, talented individuals will be granted immigration permission to work without restriction if they are endorsed by a specialist endorsing body following peer review. The new policy will also aim to get quality migrants through global talent visas and post-study work visas (both routes are for highly qualified immigrants). Highly-skilled scientists and researchers would be able to get to the UK without a job offer. The scheme has first been opened for EU nationals. UKBA is also making changes to the Global Talent rules on the criteria for senior appointments and to the definitions of qualifying academic and research roles.

3- Student visas and graduates

A points-based system will remain intact for international students too. Having an approved education provider, English knowledge, and financial means will be key to get it done. There will be no limit on the number of international students who can come to the UK to study. The new student visa application system allows them to apply six months before they are due to start a course if they are applying from outside the UK. International students will also get an immigration route if they pass their education program in 2021 by having work permission for two years (even for looking for work) and for those having Ph.D. graduates 3 years.

4- Work visa and student visa for EU citizens

EU citizens and other non-visa nationals will be able to stay in the UK until 6 months without a visa. Anyhow, they will have to apply for a work visa if they want to work in the UK.

5- EU settlement scheme

The EU citizens who were resident till 31 December 2020, will still be able to apply for the EU settlement scheme and can even stay in the UK after 30 June 2021. EU, EEA, and Swiss citizens will use an online service to view their immigration status and to prove their status to others.

6- Farmworkers

Farmworker/seasonal worker visas announced in 2019 had only a quota of 2500 a year. It will be expanded to 10,000 to fulfill the needs of increasing farm labor.

7- Tier 1 (Investor)

No changes to the Tier 1 (Investor) category have been announced.

8- Health and carer visa

No health surcharge,  less processing timings, reduced application fees, and other support will be a benefit for doctors, nurses, and other health care workers to apply for the work visa according to the new immigration policy. Though they still have to meet the minimum threshold of salary (health sector workers can also apply if they have a salary of £20,480 after tax per annum that will award them 20 points) and skill set.

Jobs in the UK that are exempt from travel restrictions.How to find jobs in the UK?

Other immigration routes

Some routes have had their systems simplified and revised but they have not been changed to a large extent. These are as under:

T2 Minister of Religion

This route allows the recruitment of persons who have a key leading role within their religious establishment or organization in the UK.

T2 Sportsperson

This route is for an elite sportsperson or qualified coach who is sponsored on a long-term contract to make a significant contribution to the development of sport at the highest level in the UK.

UK Ancestry

This is for Commonwealth citizens with a grandparent born in the UK who intend to come to the UK to work.

Tier 5 (Temporary Worker) routes

Seasonal Worker, Youth Mobility Scheme, Religious Worker, Charity Worker, Creative and Sporting Worker, International Agreement Worker, and Government Authorised ExchangeWorker.

Start-up and Innovator

These routes were reformed recently to attract to the UK those with innovative business ideas.

Categories switching

According to the new rules, the following categories will allow switching whole living in the UK, previously one had to leave the UK to apply for a new visa for switching the route:

  • Tier 5 visa holders will finally be able to switch into the new Skilled Worker route from within the UK
  • The current “Dependent Visa” holders will now be able to switch from within the UK into the new Skilled Worker visa
  • Current and future Intra-Company Transfer (ICT) visa holders will now be able to switch from within the UK into the new Skilled Worker visa