Three Fast Facts About The New UK Points-Based Immigration System

On 1 January 2021, a new Points-Based-System (PBS) came into play. It dramatically affects both employers and people who want to come and work in the UK. By introducing a new Skilled Worker Visa to replace the Tier 2 (General) Visa, the British government wants, according to its policy paper, to reduce the “reliance on cheap labour from Europe”. For many employers, the new PBS will result in them having to acquire a Sponsor Licence for the first time. And those who want to work in the UK will have to meet strict criteria. The best way for both groups to successfully achieve the immigration status they need, be it a Sponsor Licence or a Skilled Worker Visa, is to seek expert advice from an immigration lawyer.

Below are three facts you need to know about the new PBS.

One – It applies to people from inside the European Union and European Economic Area (EU/EEA) and those outside it (for example America, Australia, and India).

Before the transition period relating to the UK leaving the EU ended at 11pm on 31 December 2020, citizens of both countries benefitted from freedom of movement. This meant that as long as they were exercising their Treaty rights (either by being employed, self-employed, self-sufficient, or studying) they could live and work free from visa restrictions in any Member State (which included the UK).

Freedom of movement now no longer applies to the UK. EU/EEA nationals who came to Britain before 31 December 2020 may be able to get Pre-Settled or Settled Status. However, from 1 January 2021, both EU/EEA nationals and non-EU/EEA nationals must acquire a visa if they want to work in the UK.

Two – Applicants will need to attain 70 points to qualify for a Skilled Worker Visa

Anyone applying for a Skilled Worker Visa under the new PBS must attain 70 points in order to qualify. To achieve 50 points, applicants must meet three mandatory requirements. These are:

• • Having an offer of employment from an employer who has a valid Sponsor Licence.
• • The job is at the appropriate skill level.
• • Speaking, writing, reading, and understanding English to the required level.

The remaining 20 points are made up of non-mandatory requirements. The below table sets out how the points are distributed.

Requirement	Mandatory	Points Allocated
Job offer from a Sponsor Licence holder	Yes	20
The job is at the required skill level	Yes	20
The ability to speak, read, write, and understand English	Yes	10
Salary of £20,480 (minimum) – £23,039	No	0
Salary of £23,040 – £25,599	No	10
Salary of £25,600 or above	No	20
Job in a shortage occupation [C1]	No	20
Education qualification: eg a PhD in a subject relevant to the position	No	10

Three – The skill level has been reduced

The skill level required for jobs to be included in the Eligible Occupations List has been lowered from the level required for a Tier 2 (General) Visa which was RQF level 6, equivalent to a Bachelor degree. Under the new PBS, the role being filled must be skilled to at least RQF level 3, which is roughly equivalent to A-levels. If you are applying for a Skilled Worker Visa, you do not have to hold a specific qualification to satisfy the skill level requirement. Instead, it is the skill level of the job that will establish whether the position is eligible. For example, the role of ‘chef’ features in the Eligible Occupations List; however, ‘cook’ does not.

The reduction in skill level has made it easier for people to obtain a PBS visa in order to work in the UK. And if you want to stay in the UK after your visa has expired, you may be able to apply for Indefinite Leave to Remain .

Final words

Although the new PBS immigration system is a significant change in the skilled worker route from what had been in place since 2008, it will result in people who were previously ineligible for a visa being able to live and work in the UK.

For businesses and visa applicants, getting expert immigration law advice is crucial to successfully applying for a Sponsor Licence or a Skilled Worker Visa. Our immigration Solicitors provide the best advice and representation available in Birmingham and London. To speak to us about any immigration matters, please call 0121 777 7715.

Top Tips For Meeting Sponsor Licence Compliance

With the UK-EU transition period ending on the last day of 2020, many UK companies who rely on international talent to grow their business and meet customer and innovative demands have secured a UK Sponsor Licence. This allows them to employ people from outside the UK, including EU/EEA nationals. By instructing an immigration lawyer, organisations applying for a Sponsor Licence can put together the best application. But what happens after the licence is granted? Is this the end of dealing with UK Visas and Immigration? Unfortunately, no. You will need to ensure you comply with Sponsor Licence duties and responsibilities. Failure to do so could see your licence suspended or even revoked, the latter meaning not only can you not hire people from abroad, but your existing staff in the country on a Skilled Worker Visa may be sent home.

To ensure your migrant employees can stay in the UK and you can continue to employ EU and non-EU talent, below are some tips for meeting Sponsor Licence compliance.

Seek immigration law advice regularly and invest in bi-annual mock audits

Your best investment regarding your Sponsor Licence compliance is to work with an experienced immigration Solicitor who can advise you of any immigration law changes and review your HR systems regularly.

The Home Office often introduces immigration law changes by stealth. Busy employers can find themselves suddenly in breach of their compliance duties, having been unaware of a change being made. By working with an immigration lawyer, you can be confident that you will always be kept up to date with regulatory changes.

It is also important to be aware that UKVI compliance officers can and do make unannounced visits to licence holders’ premises. Therefore, you need to commit to ensuring your recording and reporting duties (see below) and all Sponsor Licence Management (SMS) entries are kept updated. Your HR systems also need to be orderly, so you can quickly access information about your Skilled Worker Visa employees if it is requested.

Understand the recording and reporting duties you need to comply with

There are many recording and reporting duties attached to a Sponsor Licence (the Sponsor Licence guidance runs to 246 pages). The below lists are not exhaustive but do set out some of the main responsibilities you have to meet.

Recording

You will need to have the following items up to date and readily available to provide to UKVI upon request.

• A full record of current contact details for all migrant employees (including physical and email addresses, and mobile phone numbers) as well as historical contact information.
• Copies of registration documents, certificates and/or references that show the migrant employee meets the skill requirements of their position.
• A copy of every migrant workers’ current passport. The back pages, which show the personal identity details and any relevant entry clearances (visas) or permission (leave) to enter stamps must be copied and held on file.
• Unless the worker is exempt from having one, a copy of their National Insurance (NI) number.

Reporting

The SMS is used for reporting information to UKVI. The below must be reported within 10 working days:

• The sponsored worker does not show up for their first day of work and the reason why, for example, they missed their flight.
• The employee is absent without permission for more than 10 consecutive working days.
• There are significant changes in the employee’s employment, for example, they have been promoted or their salary is changed from what was recorded on the Certificate of Sponsorship.

Significant changes to your business, for example, it is involved in a merger or acquisition or becomes insolvent, must be reported to UKVI via the SMS within 20 working days.

Do not forget about complying with other UK laws

Part of your responsibilities as a Sponsor Licence holder is to ensure full compliance with all non-immigration laws in addition to those covering immigration. For example, you must ensure that when it comes to UK employees you are paying the correct minimum wage. Regulations covering health and safety, redundancy, and trade must also be complied with at all times.

In summary

Holding a Sponsor Licence so you can employ skilled workers from overseas comes with significant responsibility. Before committing to applying for a licence, you need to ensure you not only have the resources and HR systems in place to meet the compliance requirements, but you have access to an immigration lawyer who can provide you with the best advice and representation throughout the life of your licence. Doing so will result in a smooth, easy Sponsor Licence experience and help protect your best interests and commercial reputation.

To find out more about Sponsor Licence compliance please call 0121 777 7715 to make an appointment with one of our immigration Solicitors who are based in Birmingham and London.