The UK’s transition to a points-based immigration system marks a significant change following Brexit. As of January 1, 2021, free movement between the UK and the EU ended, and EU citizens are now subject to the same immigration rules as other foreign nationals. This system aims to streamline visa applications and prioritize skilled workers, health professionals, students, and entrepreneurs. Below is a simplified explanation of how the points-based system works, who it applies to, and the different visa categories available.
Key Changes Under the Points-Based System
- End of Free Movement: From January 1, 2021, EU nationals are no longer allowed to live or work in the UK without a visa. However, EU citizens who were living in the UK before this date can apply to remain through the EU Settlement Scheme until June 30, 2021.
- Points-Based Immigration: Visas are awarded based on a points system, where points are given for skills, qualifications, salary, and whether the job is on a shortage occupation list. Applicants must accumulate a certain number of points to be eligible for a visa.
Routes for Workers
Skilled Worker Visa
The Skilled Worker Visa is for individuals with a job offer from a UK employer. To apply, applicants need to:
- Have a job offer from a Home Office-approved sponsor.
- Meet the English language requirement.
- Have a role that is at least RQF Level 3 (equivalent to A-levels or above).
Applicants must score 70 points, which includes:
- 50 points for meeting the basic criteria (job offer, skill level, English proficiency).
- An additional 20 points, can be earned through factors like a higher salary, having a job in a shortage occupation (as listed by the Migration Advisory Committee), or holding a relevant qualification (e.g., PhD).
Health and Care Visa
This visa is aimed at doctors, nurses, and other healthcare professionals. It offers:
- Fast-track entry.
- Reduced visa fees.
- Exemption from the Immigration Health Surcharge.
Applicants must have a job offer from an eligible employer, such as an NHS Trust or an approved social care provider.
Global Talent Visa
The Global Talent Visa is designed for exceptional individuals in fields like science, engineering, technology, and the arts. From January 2021, this route is open to both EU and non-EU citizens. Applicants must be endorsed as a leader or emerging leader in their field or backed by an eligible funding body (such as UK Research and Innovation).
Startup and Innovator Visas
- Startup Visa: For those looking to establish an innovative business in the UK.
- Innovator Visa: For experienced entrepreneurs with at least £50,000 in funding.
These routes, originally for non-EU nationals, are now open to EU nationals as well.
Low-Skilled Workers
The UK will not offer immigration routes for low-skilled workers who do not meet the required skill or salary thresholds.
Routes for Students
Student Visa
The Student Visa has been streamlined under the new points-based system. Applicants must meet the following criteria:
- A place at a UK educational institution with a sponsor licence.
- Proof of financial support.
- Proof of English language proficiency.
Students must score 70 points based on:
- Confirmation of acceptance for study.
- Financial ability to support themselves.
- Meeting English language requirements.
Graduate Route
The Graduate Route allows international students to stay in the UK for two years after completing their studies. During this period, they can work at any skill level. This route, which will be introduced in summer 2021, provides greater opportunities for graduates to gain work experience in the UK, particularly in STEM fields.
Becoming an Approved Sponsor
Employers wishing to hire foreign workers (including EU nationals who have not applied for settled status) must apply for a Sponsor Licence. This license allows companies to sponsor workers for visas and ensures they comply with the relevant immigration rules, including record-keeping and reporting obligations.
Key Differences Between the Old and New Points-Based Systems
- Salary Threshold: The minimum salary required for a visa has been lowered from £30,000 to £25,600 per year.
- Skill Level: The skill level for eligible jobs has been reduced from RQF Level 6 (degree level) to RQF Level 3 (A-level or equivalent). This broadens the types of jobs that can be sponsored, such as IT technicians and medical professionals.
- Shortage Occupation: Applicants can still qualify for a visa if their job is on the shortage occupation list, even if their salary is lower than the standard threshold.
Existing Immigration Routes
Some immigration routes, such as the Youth Mobility Scheme, Tier 5 (Creative and Sporting), and the UK Ancestry Visa, remain unchanged under the new system.
The UK’s transition to a points-based immigration system represents a major shift, with opportunities for skilled workers, entrepreneurs, and students, but restrictions for low-skilled workers. Whether you are an employer looking to sponsor foreign workers or an individual seeking a visa, understanding the new system is crucial.
If you need expert advice on the new immigration rules, Law and Visas can help. Our experienced immigration solicitors are here to guide you through the process and ensure you meet the requirements of the new system.
