The new immigration system and employing EU workers after December 2020.
The Government have been keen to announce the new UK Immigration System as a big change to UK immigration law. The reality is the change is perhaps not so grand as has been suggested in government statements. A personal favourite of mine is announcing it as ‘The UK’s points-based immigration system’ despite there currently being a very similar system in place called, uh, ‘The points based system’….
There are however very key changes that must be considered by employers in particular.
Those that intend to employ European Nationals after 31.12.2020 must be aware of a few factors:
- Whilst you can encourage EU nationals already in the UK and in your employment to apply for pre-settled or settled status, you cannot require them to produce evidence of their status until June 2021.
- For EU nationals arriving after 31.12.2020 you cannot employ them without having a licence. The licences will be named the ‘skilled worker licence’ and ‘intra-company transfer licence’. Companies that intend to take on EU workers in January next year should consider applying for a licence now.
Other changes to the new licence:
- The new skilled worker licence will not require a resident labour market test, or RLMT as they are known which means the employer will not need to advertise the role.
- The licence will also allow for a much lower level of role, previously at level RQF 6 it is not RQF 3.
- No more ‘Cooling off’ for ICT switches the decidedly disruptive requirement of requiring those on Tier 2 ICT to leave the UK and stay outside for a year before coming back with leave under Tier 2 (General) is abolished.