Brexit has led to the end of free movement between the UK and EU. In response, the UK Home Office introduced new immigration rules, including the Points-Based System (PBS) and other immigration routes, effective from 1 December 2020. These changes will affect both businesses and individuals wishing to work, live, or settle in the UK.
Skilled Worker Route – Key Changes
The UK’s Tier 2 (General) visa route has been replaced by the Skilled Worker Route starting 1 December 2020. This new route allows UK employers to sponsor skilled workers from abroad if they cannot find British or settled workers for specific roles.
Businesses are encouraged to apply for a sponsor license if they plan to hire workers from abroad in the future. This is especially important as EEA (European Economic Area) nationals, who previously had the right to work in the UK without a visa, will now be subject to UK immigration rules. The deadline for EEA nationals to apply for settled status under the EU Settlement Scheme passed in June 2021, making the Skilled Worker Route the main option for hiring EU nationals.
No More Resident Labour Market Test (RLMT)
Under the old rules, employers had to prove there were no suitable local candidates by advertising jobs in a specific format, known as the Resident Labour Market Test. This caused delays and complications for many businesses. The new rules abolish this requirement as long as the job is genuine and not created solely to sponsor a worker. This change streamlines the process for businesses looking to sponsor workers.
Points System Under the Skilled Worker Route
To qualify for the Skilled Worker Route, workers need to earn a total of 70 points.
- Mandatory Points (50 points):
- Sponsorship – 20 points
- Job at the right skill level – 20 points
- English language skills (B1 level or above) – 10 points
Additionally, workers can earn tradeable points based on salary, qualifications, or the type of job. For example, workers can earn 20 points if their salary meets or exceeds certain thresholds, or if they have a PhD in a relevant field.
Changes to Job Qualifications
The qualifying job roles under the Skilled Worker Route now include a wider range of positions. Previously, jobs needed to be at RQF Level 6 (equivalent to a bachelor’s degree). Under the new system, jobs can be at RQF Level 4 (equivalent to A-levels), opening up more opportunities for workers.
No Time Limit for Skilled Worker Visa Holders
Under the old Tier 2 system, workers could stay in the UK for a maximum of 6 years. After that, they would have to leave or switch visas. However, the new rules allow Skilled Worker visa holders to extend their visa without a time limit. This is especially beneficial for those who may not meet the requirements for indefinite leave to remain (ILR) due to absences from the UK.
Global Talent Visa Changes
The Global Talent Visa has also been updated. From 1 December 2020, individuals in fields like science, technology, engineering, and arts can apply for this visa if they show exceptional talent or promise.
This visa is a two-step process:
- Endorsement – An applicant must first get endorsed by an approved organization.
- Visa Application – After endorsement, applicants can apply for permission to stay in the UK.
The Tech Nation organization continues to be the endorsing body for digital technology experts, with updated criteria for proving exceptional talent.
British National (Overseas) Visa for Hong Kong Residents
A new visa route for British National (Overseas) [BN(O)] holders from Hong Kong has been introduced, allowing them and their family members to come to the UK. The BN(O) Status Holder Route allows those registered as BN(O) before 1997 to apply, along with their spouse, children, and even grandchildren, under certain conditions.
The BN(O) Household Member Route also allows adult children (over 18) who live with the BN(O) holder to apply, provided they can prove they are part of the same household.
Key Requirements for BN(O) Visa Holders
- Financial Support: Applicants must show they can financially support themselves without relying on public funds.
- English Language: No immediate requirement for English language proficiency at the time of applying. However, applicants will need to meet a B1-level English standard if they apply for settlement later.
- Residence Requirement: Applicants must be ordinary residents in Hong Kong or the UK at the time of application.
- Tuberculosis Screening: Applicants from certain countries, including Hong Kong, must undergo a tuberculosis (TB) test before applying.
Transition to the BN(O) Route
BN(O) holders and their families may be able to apply for leave to enter the UK before 31 January 2021. This temporary leave will allow them to work and study while they transition to the full BN(O) visa route, which provides a path to settlement after 5 years.
For businesses looking to hire international workers or individuals wanting to apply for the Skilled Worker Visa, Law, and Visas can provide expert advice and support. Whether you’re applying for a sponsor license or switching to a new visa, our team can guide you through the updated immigration process.
