Underpinning the new system will be simplified rules and guidance. Over the years, the Immigration Rules, which set out the requirements a migrant must meet to come to or stay in the UK, have become long, complex and repetitive. The Law Commission’s recent review of the Rules identified principles under which they can be redrafted to make them simpler and more accessible and fit for the future.
The Points-Based System will be streamlined and simplified, making the best use of technology and implementing the recommendations of the Law Commission.
As we replace freedom of movement with the Points-Based System, we remain committed to protecting individuals from modern slavery and exploitation by criminal traffickers and unscrupulous employers.
Common Travel Area (CTA)
The Immigration and Social Security Co-ordination (EU Withdrawal) Bill, which is currently before Parliament, clarifies the immigration status of Irish citizens and confirms there will be no change to their rights to freely enter, live and work in the UK without requiring permission. There will continue to be no routine immigration controls on journeys from within the CTA to the UK, with no immigration controls whatsoever on the Northern Ireland – Ireland land border. The Government will continue to work closely with CTA partners to facilitate legitimate travel within the CTA while tackling abuse of these arrangements.
Requirements
EU and non-EU citizens wishing to come to and live in the UK from 1 January 2021 will need to demonstrate their right to be in the UK and the entitlements they have. All applicants will receive written confirmation of their immigration status. EU citizens will additionally be provided with secure access to their immigration status information via an online service which they will be able to use to confirm their rights and to access services when necessary, instead of a physical status document.
EU and non-EU citizens who are entitled to work will be able to use an online service to demonstrate their right to work in the UK. This online service, which has been in operation since January 2019, makes right to work checks simpler for employers, by making individual’s right to work information available in real-time and removing the need for physical document checks. This also allows the option for checks to be conducted remotely, for example via video call. A similar online right to rent service, which most individuals will be able to use, is planned for later this year, making the right to rent checks easier for landlords.
All EU citizens coming to the UK for more than six months will be able to prove other rights and entitlements via online services. Increasingly, when accessing public services such as benefits or healthcare, the Home Office will be able to confirm an individual’s status to the service provider automatically through the system to system checks, at the point at which the person seeks to access the public service.
Biometric Requirements
From January 2021, most EU citizens will not need to attend a Visa Application Centre (VAC) to enrol their biometrics and will instead provide facial images using a smartphone self-enrollment application form. At this stage, we will not be requiring EU citizens to enrol their biometrics to visit the UK, but self-enrollment is part of our longer-term vision.
As with the EU Settlement Scheme, where we have started to deliver a fully online application process, non-EU citizens, and some EU citizens applying on specific routes or who are unable to use the self-enrollment option, will need to attend the global network of VACs, or if they are applying in the UK the in-country equivalent, to provide facial images and (in the case of non-EU citizens) fingerprint biometrics, where required.
Our long-term aim is that all visitors and migrants to the UK will provide their biometric facial images and fingerprints under a single global immigration system. To maximise customer convenience and security, we will increasingly look to provide capabilities for biometric self-enrollment, integrated within digital application processes for immigration products. More information on self-enrollment and attending the VAC network or in-country equivalent is available on GOV.UK.
Fees
Application fees will continue to apply under the new system as they do now, and a list of current fees can be found on GOV.UK. They will apply to both EU and non-EU citizens. Annex A provides an indicative view of fees once the Immigration and Nationality (Fees) Regulations are updated to reflect the routes outlined in this document.
The Immigration Skills Charge will be levied on UK employers of skilled workers on the same basis as now, except we intend to remove the current exemption for employers of EU, EEA and Swiss citizens when we end free movement between the UK and the EU.
The Immigration Health Surcharge will continue to be paid by most overseas migrants coming to the UK for more than six months and the Government remains committed to increasing the amount payable to ensure cost recovery for use of NHS services. We will introduce a new discounted rate for those under the age of 18. We are working to exempt frontline workers in the NHS and social care sector and wider health workers from the requirement to pay the Health Surcharge. Further details will be published shortly.
Sponsorship of Skilled Workers and Students
We recognise that employer sponsorship is a key determinant of labour market needs. For workers and students, sponsorship maintains a relationship between a recognised UK employer or educational institution and a migrant to ensure that those who come on the work and student routes are genuinely intending to work or study. Overall, the sponsorship system will form an integral part of the Points-Based System by supporting compliance with our Immigration Rules.
A sponsorship requirement will apply to the Skilled Worker route, to the Health and Care Visa and to the student route, as well as to some specialised worker routes. This applies to both EU and non-EU citizens who come on these routes. Although specific requirements vary by route, for most work routes, sponsors must undergo checks to demonstrate they are a genuine business, are solvent, and that the roles they wish to recruit into are credible and meet the salary and skills requirements (if applicable). Sponsors must also pay a licence fee (and Immigration Skills Charge, where required) and ensure they act and behave in a way which is conducive to the wider public good. Senior personnel and key users of the service undergo criminality and other security checks. Educational institutions are also required to hold educational oversight from an appropriate body, meet an annual Basic Compliance Assessment and undergo additional scrutiny where they wish to teach children.
As part of the Points-Based System, we are committed to delivering radical changes to the sponsorship process, streamlining and simplifying it for users, and substantially reducing the time it takes to bring in a migrant. As a result of the suspension of the cap and removal of the Resident Labour Market Test (RLMT), the time savings for employers will be initially reduced by up to eight weeks compared to the current process. We intend to further reduce this through additional enhancements to the system beyond January 2021.
Suspending the Cap
As a first step towards reducing the burdens on employers and streamlining the sponsorship system, we will suspend the current cap on Tier 2 (General) visas (the current route for skilled workers), which will result in there is no limit on the numbers of skilled workers who can come to the UK. This change alone will reduce the end-to-end process for sponsoring skilled workers by up to four weeks, demonstrating the Government’s commitment to simplifying the immigration system for employers.
Introducing Sponsor Licences for the New Skilled Worker Route
To provide employers and prospective future sponsors with certainty we will continue to apply existing sponsorship controls to maintain high standards over whom we license to bring migrant workers to the UK. We aim to ensure that applications can be made under the new route before the end of the transition period.
Existing Tier 2 (General) and Tier 2 (Intra-Company Transfer) sponsors will automatically be granted a new Skilled Worker licence or Intra-Company Transfer licence, with an expiry date consistent with their current licence, and receive an appropriate allocation of Certificates of Sponsorship (CoS).
Abolishing the Resident Labour Market Test (RLMT)
Under the new Skilled Worker route, there will be no requirement for employers to undertake an RLMT. This reform will remove at least four weeks from the end-to-end process for sponsoring skilled workers. However, sponsors must still be seeking to fill a genuine vacancy which meets the skill and salary thresholds of the new route. Roles cannot be created solely to facilitate the immigration of a specific migrant to the UK.
Immigration Skills Charge
Employers who sponsor non-EU migrant workers under Tier 2 (General) and (IntraCompany Transfer) will be required, as now, to pay the Immigration Skills Charge (ISC) unless a specific exemption applies. Employers must pay £1,000 per skilled worker for the first 12 months, with an additional £500 charge for each subsequent six-month period. Under the Points-Based System, we will apply the ISC to sponsoring employers in respect of both EU and non-EU migrant workers. Discounted rates of £364 per sponsored worker per year will apply as they do now to charities and Small and Medium Enterprises.
English Language Requirements
The requirement for migrants to speak the English language supports integration, ensuring migrants can live and be part of the wider community in the UK. It also means migrants must demonstrate they have the ability required for the route and the role they are coming to the UK for. The level of English language ability required is set as appropriate for each relevant route based on the Common European Framework of Reference for languages. For example, students at degree level must demonstrate their ability at level B2 (A-Level or equivalent) and skilled workers B1 (AS-Level or equivalent).
The ways an applicant can show they meet the English language requirement are:
- being a national of a majority English speaking country;
- having an academic degree taught in English;
- passing a secure English language test;
- having shown they meet the required level in a previous successful immigration application.
In some routes, there are additional ways of meeting the English language requirement. We will not make any changes to these route-specific provisions:
- skilled workers who are sponsored as a doctor, dentist, nurse or midwife can rely on the assessment of their professional body as proof of their English language ability.
- students who are studying a course at degree level or above at a UK Higher Education provider with a track record of compliance can meet the English requirement if their sponsor assesses their ability.
- students who are applying to complete a short-term study abroad programme in the UK, as part of a course equivalent to a UK degree being studied at a Higher Education Institution in the USA do not need to prove English language ability.
We will also extend the list of majority English speaking countries to include Ireland (so applicants who are neither British nor Irish citizens and who have studied at Irish universities can rely on their qualifications to show they have met the English language requirement) and Malta.
