New Immigration Law – Post Brexit

Main Purpose of the updated rules:

As the United Kingdom has now left the European Union. The Government has made changes to the Immigration Law. The new Immigration Law has begun to take effect from the 31^st December 2020 and individuals who were a resident in the UK on or before the 31^st December 2020 have until 30^th June 2021 to apply for settled status. The new point-based system enables European Citizens (EU) and non-EU citizens to be treated equally and aims to attract people who can contribute to the UK’s economy.

Irish Citizens can continue to freely enter, live and work in the UK.

What happens to EU Citizens who are living in the UK by 31^st December 2020:

If you have employees that are EU, EEA or Swiss Citizen and they were a resident in the UK on or before the 31^st December 2020, they do not need to apply for a visa under the new points-based system. Your employee and their family should apply to the EU Settlement scheme by the 30^thJune 2021. Applications are free.

New points-based system:

The new point-based system includes a route for skilled workers who have a job offer from an approved employer sponsor.

The potential  job that has been offered will need to be at a required skill level of Regulated Qualifications Framework (RQF3) which is equivalent to A Level or above. They will also need to be able to speak English and to be paid a relevant salary threshold of £25,600 or the going rate for the job, whichever is higher.

If they were to earn less than the general salary threshold, but no less then £20,480, they may still be able to apply for trading points on specific characteristics against their salary.

From this new system there is no general route for employers to recruit at or near minimum wage.

UK Visa Sponsorship for employers:

As the new immigration rules come into action, citizens of the EU, Iceland, Liechtenstein, Norway and Switzerland who arrived in the UK after 31^st December 2020 and are employed. The employer of the company will usually need a sponsor license to employ someone to work within the company from outside the UK. This will also include unpaid work.

Employers do not need a license to sponsor certain groups:

• Irish Citizens
• Those settled or pre-settled status under the EU Settlement Scheme
• Those with Indefinite leave to remain in the UK

https://www.gov.uk/uk-visa-sponsorship-employers

Proving immigration status in the UK:

EU Citizens can use an online service to view their immigration status and to prove their status to others. This service can be used providing they have either:

• Have a settled or pre – settled status
• Applied for a visa and used the ‘UK Immigration: ID Check app to scan your identify document on your phone

This service is unavailable if they have a vignette in their passport or a biometric resident permit to prove their immigration status.

Employers, Landlords and public service providers can continue to accept EU Citizens’ identity cards and passports as evidence of their immigration status until 30^th June 2021.

Non-EU Citizens

Non-EU Citizens can continue to use physical document to prove their immigration status. These include:

• Current Biometric Resident Permits
• Biometric Residence Card
• Status granted under the EU Settlement Scheme

Checking a job applicant’s right to work in the UK:

An employer can check whether a job applicant can work in the UK before the company employ’s them.

• Checking the applicant’s original documents
• Check the applicant’s right to work online, they would need to provide a share code

https://www.gov.uk/check-job-applicant-right-to-work

For further information, please visit:

https://www.gov.uk/guidance/new-immigration-system-what-you-need-to-know#eu-citizens-who-were-living-in-the-uk-by-31-december-2020

How we can help you:

If you need any assistance or having any queries regarding your company and an employee, we are here to help you. You can call us on 01254 467 156 or email us @ [email protected].