The UK is finally implementing its new immigration policy. A historical move has been made by introducing post-Brexit immigration rules.
The UK has announced changes in all immigration and visa rules going to be 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.
UK government is calling this new policy a type of Australian points-based system which many people deny. There is a mixed opinion of people and many are criticizing the income threshold that is still high especially for those who are in high demand in the UK, the health sector workers who have way below income threshold than the newly introduced.
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). 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.
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- Tier 2 category has been replaced by general work visa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 (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
There are specil notes for EEA nationals. The EEA nationals will not be able to apply in-country under the Rules until 11 pm on 31 December 2020, unless they are applying under the EU Settlement Scheme as an S2 healthcare visitor or a service provider from Switzerland. Those who apply for entry clearance (other than under the same categories) will have this granted from 1 January 2021 at the earliest.
UK’s HC Immigration Rules Changes for all categories
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.
Also, check here how to find jobs in the UK
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 visa. Most of the 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
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.
Student visas and graduates
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. 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.
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.
EU settlement scheme
The EU citizens those 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.
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.
Tier 1 (Investor)
No changes to the Tier 1 (Investor) category have been announced.
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