Further details published on the points-based immigration system

15 July 2020

 

  • On 13 July 2020, government published further details on the UK’s points-based immigration system which will take effect from 1 January 2021 once freedom of movement with the EU has ended.
  • It will treat EU and non-EU citizens equally, which will force employers to change the way in which they operate and recruit these individuals who do not otherwise have a right to work in the UK.
  • The new statement reflects that businesses who wish to employ EU citizens will need to buy a sponsor licence and pay the Immigration Skills Charge of £1,000 per worker, per year.
  • The statement clarifies that applicants will receive written confirmation of their immigration status.
  • EU citizens will also have access to their immigration status information via an online service which they will be able to use to confirm their rights, instead of a physical status document.
  • EU and non-EU citizens will be able to demonstrate their right to work via this online system.
  • The skilled worker route remains similar to that proposed in February this year.
    • The document states that PAYE records for all skilled workers will be regularly checked to confirm they are being paid the correct salary.
    • From January 2021, a job offer will need to be at a required skill level of RQF3 or above (the equivalent to A level).
    • Those wishing to work in the UK must gain a minimum of 70 points.
    • Applicants are still able to ‘trade’ characteristics such as job offers or qualifications against a lower salary.
    • Applicants need to speak English and be paid the relevant salary threshold by the sponsor. This will either be the general salary threshold of £25,600 or the going rate for the position – whichever is higher. The published guidance provides details for specific occupations accessing the Skilled Worker Route.
  • Beyond January 2021, Government will create a broader unsponsored route within the points-based system to run alongside the employer-led system.
    • This will allow a select few highly skilled workers to come to the UK without a job offer.
    • The document confirms this route will not open on 1 January 2021 and discussion is still ongoing on the way in which it will work. 
    • Further details are expected to be shared in due course.

The new Further Details statement be read here.

The newly published guidance can be found here.

Aspire Comment

The 130-page further details statement covers the basics that were confirmed by Priti Patel earlier this year. See our news on this announcement here.

It is imperative that employers are aware of their responsibility to register as a sponsor to employ EU citizens, and subsequently pay the £1,000 Immigration Skills Charge fee per worker, per year. Failure to comply will result in high penalties and serious further action.

Employers will still need to ensure that right to work checks are in place for all workers, which will now be made easier by the online portal for EU citizens.

For any guidance in relation to right to work checks, employment matters or redundancies, call us today on 0121 445 6178 or email enquire@aspirepartnership.co.uk.