Statement of Changes to the Immigration Rules: a new post-Brexit immigration system

The long-awaited Statement of Changes to the UK Immigration rules was laid before Parliament on 22 October to take effect from 1 December 2020. It provides us with a more definitive guide to the future points-based system in the UK, from 1 January 2021, when freedom of movement between the EU and the UK comes to an end.

Watch our webinar on the practical implications of the UK’s new immigration system when recruiting overseas workers.

The Statement of Changes outlines a number of new changes to the visa system; these highlight new rules for students, graduates and those working in the UK as ‘Skilled Workers’. These new rules are imperative to business as they will affect the way in which employers recruit from the EU from next year.

Here we outline the changes to the immigration requirements.

This category will replace the Tier 2 General and is for individuals coming to the UK to work in a skilled job with a licenced employer known as a sponsor.

• The same system will apply to both EU and non-EU citizens;
• The minimum skill threshold is reduced from RQF level 6 (degree) to level 3 (A-Level or equivalent), effectively unlocking this route for a greater number of individuals;
• The cap on restricted Certificates of Sponsorship is to be suspended;
• The Resident Labour Market Test (RLMT) advertisement process will be abolished, the requirement for general vacancies shall continue;
• The cooling off period will be abolished; there is no longer a requirement for a Tier 2 migrant to wait 12 months after their visa has expired or they have left the UK, before applying for a new visa;
• Reduction of the minimum salary threshold from £30,000 to £25,600 a year;
• Applicants must score 70 points in total, 50 of which are mandatory as follows;
  • Employer’s sponsorship (20 points);
  • A job at an appropriate skill level (20 points);
  • A knowledge of English equivalent to level B1 or above of the Council of Europe’s common European framework (10 points);
• To score the remaining 20 points, applicants must receive an annual salary of £25,600 or above.

Where they will be paid less than £25,600, they can achieve the remaining 20 points in one or a combination of the following ways;

• Salary of £23,040 - £25,599 (10 points)
• PhD in a subject relevant to the job (10 points)
• PhD in a science, technology, engineering or mathematics subject relevant to the job (20 points)
• Job in a shortage occupation (20 points)