The Immigration & Social Security Co-ordination (EU Withdrawal) Bill 2020

The Immigration and Social Security Co-ordination (EU Withdrawal) Bill will end free movement at the end of the Brexit transition period (31 December 2020) and makes citizens from the EU subject to UK immigration controls from 1 January 2021.

On 13 July 2020, the government produced further details about the proposed Points-Based Immigration System that is expected to come into force on 1 January 2021.

This advice note summarises the key changes to the legislation. The Bill has already been considered by the House of Commons and is now being considered by the House of Lords. We will provide further updates as the Bill progresses.

Who does this apply to?

Schools and Multi-Academy Trusts who are currently sponsors will not need to take any action. They will automatically be granted a new skilled worker licence, with an expiry date consistent with their current licence, and receive an appropriate allocation of Certificates of Sponsorship.

Schools and Multi-Academy Trusts not currently approved by the Home Office to be a sponsor should consider applying now, and before 1 January 2021, if they think that they will want to sponsor skilled migrants, including from the EU from January 2021.

How will those in the EU be able to work in the UK?

There will be two main routes for permission to work in the UK which will apply to both those in the EU and outside.

1. Skilled worker visa with a job offer (amended Tier 2 (General))
2. Highly skilled worker visa for people without a job offer

The latter is likely to come into force from 2022, with the consultation taking place in 2021. Therefore, for this reason, this advice note focuses on the ‘skilled worker visa with a job offer’ route.

Skilled worker visa with a job offer

The Points-Based System

From 1 January 2021, anyone coming to the UK to work will need to demonstrate that they meet all of the following to score a total of 70 points (including 50 mandatory points). To score the 50 mandatory points, they will need to demonstrate that:

• They have a job offer from a Home Office approved sponsor
• The job offer is at the required skill level – RQF3 or above (A-Level and equivalent). Note that this has been reduced from RQF6 which the current requirements requested. (Teachers are classed as RQF6, but it has not yet been established whether Teaching Assistants will meet the RQF3 requirement)
• They speak English

In terms of speaking English, the guidance states that “The ways an applicant can show they meet the English language requirement are:

• being a national of a majority English-speaking country;
• having an academic degree taught in English;
• passing a secure English language test;
• having shown they meet the required level in a previous successful immigration application.”

Where the applicant has scored the 50 mandatory points, they will need to score an additional 20 points for the visa to be approved.

Tradeable points

Additional points can be scored as detailed in the table on the following page. Please note the considerations below:

• If an applicant is paid the higher of the general salary threshold of £25,600 or the “going rate” for their particular job, they will get an extra 20 points. (Please refer to Appendix E of the guidance for the going rate of the roles).

• There is, however, scope to earn the required extra tradeable points if the applicant is paid less than the general threshold or the going rate, provided that they are paid at least £20,480. In this case, the applicant may earn points if they have a job offer in a specific shortage occupation (as recommended by the Migration Advisory Committee) or a PhD qualification relevant to the job (see Appendix B of the guidance which lists eligible roles, including teachers and senior educational professionals).

• There are different minimum salary rules for ‘new entrants’ at the start of their careers. For new entrants, the discount to the going rate will be 30%, however, this will mean that any migrant earning less than £20,480 won’t be eligible.

• A 20% reduction will be applied to the general threshold, rather than the 30% new entrant reduction.

*Employers and applicants must use whichever salary is higher out of the general salary threshold or going rate

Public sector and national pay rates

For certain public sector roles, national pay scales are used instead of the going rate or the general salary threshold. If the applicant has been offered a job on the national pay scale they will score 20 points, as long as the minimum of £20,480 is reached (a list of roles can be found in Annex C of the guidance). For teachers, the STPCD is used, which means that teachers (qualified or unqualified) would score the additional 20 points needed.

The following education sector roles are listed in Annex C:

Case studies

The following case studies show how the above can be applied:

Carlos - Primary School Teacher

Carlos wants to come to the UK to work and has been offered a job as a qualified teacher in a primary school for a salary of £25,714. He meets all the mandatory criteria under the Points-Based System, scoring 50 points.

Carlos must now score a further 20 points to be eligible for the Skilled Worker route. Primary school teachers are a listed education job and Carlos’ salary meets the national pay scale in England (and is above £20,480), so he would score 20 points for his salary, meeting the total requirement of 70 points.

Marie - IT Technician

Marie wants to come to the UK to work and has been offered a job as an IT Technician for an annual salary of £21,000. She meets all the mandatory criteria under the Points-Based System, scoring 50 points. An IT Technician is recognised as RQF4.

Marie must now score a further 20 points to be eligible for the Skilled Worker route. Her salary is below the general threshold of £25,600 and the going rate for an IT Technician is £24,500. Although her salary is still higher than £20,480, she does not score any points for her salary. However, she does have a relevant PhD and can, therefore, score the additional 20 points required.

Shortage Occupation List

The Shortage Occupation List has yet to be finalised, although the consultation closed on 24 June 2020 and the outcome is expected in September 2020. We will keep you updated as further detail is provided.

Points to consider

Do schools and trusts have to re-apply if they are already a sponsor?

Existing Tier 2 sponsors will automatically be granted a new skilled worker licence.

Schools or trusts not currently approved to be a sponsor by the Home Office should consider applying now if they think they will want to sponsor skilled migrants - including from the EU from January 2021.

At present, with a Tier 2 visa, schools and trusts who sponsor non-EU migrant workers are required to pay the Immigration Skills Charge (ISC), unless a specific exemption applies. The charge is £1,000 per skilled worker for the first 12 months, with an additional £500 charge for each subsequent 6 month period.

Under the Points-Based System, the ISC will apply to sponsor employers in respect of both EU and non-EU migrant workers. Discounted rates of £364 per sponsored worker per year will apply as they do currently to charities and small and medium enterprises.

What will be the turnaround time for processing applications?

The current average processing time is 8 weeks. Under the new Skilled Worker route, there will be no requirement for employers to undertake a Resident Labour Market Test (which is where the employer must demonstrate they have tried to recruit from current UK residents). This reform will remove at least four weeks from the end-to-end process for sponsoring skilled workers. In addition, there is no cap on the number of visas awarded under the Skilled Worker Visa route, which should also reduce the processing time by a further 4 weeks.

Do existing Tier 2 workers have to re-apply?

Those who enter the Skilled Worker route will only need to make a new application if they (a) change employer; (b) change jobs (to another SOC code), or (c) need to extend their stay.

Existing Tier 2 (General) migrants who need to do any of the above will also need to make such an application under the Skilled Worker route once the Tier 2 (General) route closes. The points table will apply to these further applications.

What are the arrangements up until 31 December 2020?

For those wishing to come to the UK before 1 January 2021, non-EU citizens will apply as they do now, and EU citizens will continue to exercise their rights under the terms of the transition arrangements which allow for the continuation of freedom of movement.

EU citizens who arrive before the end of the transition period on 31 December 2020, and relevant family members, will be eligible for the EU Settlement Scheme. They have until 30 June 2021 to make an application.

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