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.
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.
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:
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 |
Yes |
20 |
|
The job is at the required skill level |
Yes |
20 |
|
The ability to speak, read, write, and |
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 |
No |
10 |
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 .
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.
