The Introduction of the New Points-Based Immigration System

On 31st December, 2020, at 11:00 PM, freedom of movement between the United Kingdom and the European Union will end. From 1st January, 2021, the new Points-Based Immigration system will take effect. The government guidance on entering and staying in the UK maintains that the new system “will treat EU and non-EU citizens equally and aims to attract people who can contribute to the UK’s economy”[1].

Coming to work: skilled workers and professionals

From January 2021, coming to work to the UK under the new immigration system will take form under one of the three routes: Skilled worker (including the new Health and Care Visa), Global Talent, and, Start-up and Innovator.[1]

Skilled worker

There will be no overall cap on the number of people who can apply for a visa under the Skilled Worker route. To apply under this route, the applicant must score a total of 70 points under the new system. 50 points are scored through meeting mandatory criteria, and a further 20 “tradeable” points should be obtained through a combination of points for salary, a job in a shortage occupation, or a relevant PhD.

The mandatory criteria include:

An offer of a job from a licenced sponsor organisation.
An offer of a job at or above the minimum skill level of RQF3 level (A-level) or equivalent.
The ability to speak English to an “acceptable standard” (for further details on how this requirement can be met please refer to the government document on the new Points-Based system)[2].

The further 20 “tradeable” points may be awarded from:

An offer of a job that meets the minimum salary of £25,600.
An offer of a health or education role that meets the relevant national pay scale with a salary above £20,480.

According to GMB, the NHS workers union, this threshold means that many NHS cleaners, porters, and support staff may not be able to qualify for the visa.[3]

10 points will be awarded where the individual holds an offer of a job where the salary is at least £23,040 and the salary is at least 90% of the going rate for the profession. The further 10 points can be awarded from:

Having a PhD in either a subject relevant for the job or in a STEM subject.
An offer of a job in a shortage occupation as defined by the Migration Advisory Committee (such as nursing and medicine)[4]
Being a “new entrant to the labour market” (for example, switching from a student or graduate route)
Being under the age of 26
Working towards a recognised professional qualification.

Skilled worker: Health and Care Visa

The new Health and Care Visa looks to incentivise individuals working in eligible health occupations and holding an NHS or social care sector job offer to come to the UK. Eligible individuals will benefit from fast-track entry and reduced application fees (including exemption from paying the Immigration Health Surcharge, the up-front charge for free access to NHS services). Individuals of all nationalities who have a confirmed job offer in one of the defined health professions for a skilled role within the social care sector or within the NHS and its commissioned service providers are eligible to apply from August 2020. Those applying via this route can expect a decision on their application within three weeks, following biometric enrolment.[1]

However, the new Heath and Care Visa has been criticised for its exclusion of social care workers. Although the Migration Advisory Committee (MAC) recognise the workforce shortage in the social care sector, it did not recommend adding care workers to the list of shortage occupations eligible for the Health and Care Visa. The MAC look towards further clarity on the future of the care sector from the government’s forthcoming green paper on social care.[2] The Prime Minister’s official spokesman, regarding the exclusion of care workers, maintains that “on care workers specifically our independent migration advisers have said that immigration is not the sole answer here, which is why we have provided councils with an additional £1.5bn of funding for social care in 2021-22, as well as launching a new recruitment campaign.”[3]

Global Talent

On 20 February 2020, the Global Talent route was launched under the current system for non-EU citizens. This route is designed to attract recognised global leaders and the leaders of tomorrow in science, humanities, engineering, the arts, and digital technology. Applicants are required to be endorsed by one of the following recognised UK bodies who will verify the applicant’s expertise before they can apply for a visa:

The Royal Society, for science and medicine
The Royal Academy of Engineering, for engineering
The British Academy, for humanities
UK Research and Innovation, for science and research
Tech Nation, for digital technology
Arts Council England, for arts and culture

This route is open to both EU and non-EU citizens. Applicants should be individuals internationally recognised at both the highest level and as leaders in their particular field or who have demonstrated promise to be such leaders. This route gives its applicants highly flexible permission to work for employers or be self-employed; change jobs without notifying the Home Office and to bring dependents with them.

Start-up and Innovator

The Start-up and Innovator route, launched in March 2019 under the current non-EU citizens system, is designed to attract entrepreneurial talent and innovative business ideas to the UK. Applicants to this route will either need to be setting up a business for the first time or have industry experience and at least £50,000 in funding to work on their business ventures.

Before applying, applicants will require support from an Endorsing Body that will assess the business idea according to its innovation, viability, and scalability. The relevant Endorsing Bodies are either Higher Education Providers or business organisations experiences in supporting UK based entrepreneurs.

For further details on the requirements, conditions, and restrictions of each of the three routes including exemplar case studies please refer to the Home Office document on the UK’s Points-Based System[1]

[2]

Coming to study: students and graduates

Student route

The Government announced that “there will be no limit on the number of international students who can come to the UK to study, and we will seek to increase the number of international students in higher education as set out in the International Education Strategy published in March 2019.”[3]

Applicants for the new Points-Based Student route will require a total of 70 points, the required points are non-tradeable and will be awarded accordingly:

50 points concerning study are awarded where the applicant meets the confirmation of acceptance for studies requirement; the course requirement; the approved qualification requirement; the level of study requirement; and the place of study requirement
10 points concerning finances are awarded where the applicant meets the financial requirement
10 points concerning the English language are awarded where the applicant meets the English language requirement.

If the applicant is a child, they will also require 70 points which will be awarded accordingly:

50 points concerning study are awarded where the applicant has confirmed acceptance for studies; meets the course requirement; will study at an independent school; is aged between 4 and 17 when applying, and has been given parental consent.
20 points concerning finances are awarded where the applicant meets the financial requirement (this includes additional funds for care arrangements)

Graduate route

The Government have stated that they “want to ensure that [they] retain the brightest and the best students to continue to contribute to the UK post-study” and this intention is embodied by the new Graduate route that is to be launched in Summer 2021. This route aims to allow international students who have completed a degree at a UK Higher Education Provider, to remain in the UK for two years (three years for PhD graduates) and work at any skill level. This route will be unsponsored and the one-time non-extendable leave is granted upon successful completion of a degree from a UK Higher Education Provider with a track record of compliance (this requirement carries the full number of points needed under this route). Applicants will not need to demonstrate English language ability as this will have been proved by successfully completing a degree at a UK university.

For further details on the requirements, conditions, and restrictions of both study routes please refer to the Home Office document on the UK’s Points-Based System[4]

[1]https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/899755/UK_Points-Based_System_Further_Details_Web_Accessible.pdf

[3]https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/899755/UK_Points-Based_System_Further_Details_Web_Accessible.pdf

[4]https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/899755/UK_Points-Based_System_Further_Details_Web_Accessible.pdf

[1] https://www.gov.uk/government/news/government-launches-health-and-care-visa-to-ensure-uk-health-and-care-services-have-access-to-the-best-global-talent

[2] https://www.bmj.com/content/370/bmj.m2835

[3] https://metro.co.uk/2020/07/13/care-workers-will-not-qualify-post-brexit-health-visa-12983584/

[1]https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/899755/UK_Points-Based_System_Further_Details_Web_Accessible.pdf

[2]https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/899755/UK_Points-Based_System_Further_Details_Web_Accessible.pdf

[3] https://www.bmj.com/content/370/bmj.m2835

[4] https://www.bmj.com/content/370/bmj.m2835

[1] https://www.gov.uk/guidance/new-immigration-system-what-you-need-to-know#visa-application-process