The UK is introducing a points-based immigration system in 2021: what South Africans need to know



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The UK government has detailed its new points-based immigration system, which will take effect from January 1, 2021.

According to migration experts at Sable International, the new system will place EU and non-EU nationals under a unique immigration regime and UK employers will need to assess their existing recruitment practices, entitlement processes work and address your sponsor licensing needs as they are seen. on ongoing business requirements moving into 2021 and beyond.

Under the new system, the Level 2 (General) category will be replaced by the Skilled Worker category, said Darren Faife, Sable International’s managing director of business immigration.

“The main changes to the existing scheme will be the elimination of the Resident Labor Market Test, which is often onerous and time-consuming, although a genuine vacancy must still exist, and the suspension of the monthly limit of eligible applicants. As a result, employers should experience much faster end-to-end processing, saving up to eight weeks in some cases. “

Faife said the minimum skill threshold will also be lowered from the current NQF Level 6 (graduate level), to NQF Level 3 (level A standard), opening up the scheme to a broader number of occupations.

“To reflect the lower income requirement, the minimum wage level has been lowered from £ 30,000 to £ 25,600 or the prevailing rate for the job, whichever is higher.”

Faife said that the English language requirement will still apply, however.

To qualify as a skilled worker, applicants must earn a total of 70 points.

50 basis points will be earned from a job offer at a certain skill level from a licensed sponsor, and the applicant will be able to demonstrate English language proficiency.

An additional 20 points can be earned through a “mix and match / negotiable” process, which is highly dependent on the salary rate offered, but also encompasses roles that are recognized as a low occupation and those jobs that require a qualification of relevant doctoral level.

Intra-company transfers

The intra-company transfer route replaces the current Tier 2 (ICT) category, but the criteria remain unchanged, Faife said.

Eligible applicants must have been employed for at least 12 months (unless they have a ‘high income level’) at the overseas shipping company before being transferred to the UK.

“The previous employment criterion is reduced to three months in the case of a graduate intra-corporate intern.”

The UK function must be at NQF level 6 and meet the minimum wage threshold of £ 41,500 per year or £ 23,000 per year for a graduate trainee within the company.

“Therefore, the eligibility requirements are at a higher threshold than those for the skilled worker path, although the concession of not having to demonstrate English language ability is a key differentiator.

“The Intra-Company Transfer category has not yet led to liquidation and as a result the combination of these criteria significantly diminishes the attractiveness of this route for UK employers,” Faife said.

The key and welcome change to the ICT route is that migrants will now be able to switch to the skilled worker route from the UK, including those from the UK before the rule change, which has historically been prohibited, he said.

Graduates

Expected to launch in the summer of 2021, a new route will allow international students to extend their stay in the UK after completing their studies.

This scheme reflects the post-study work visa that was abolished in 2012, allowing recent graduates to take up employment at any skill level, with the possibility of later switching to a sponsored work path, Faife said.

For undergraduate and master’s students, this will be limited to a two-year visa and PhD students will benefit up to three years. The main additional features of this scheme will be:

  • It is an unsponsored route;
  • The graduate will be able to work at any skill level;
  • Maintenance free;
  • There are no additional English language requirements;
  • Ability to switch to skilled worker routes.

Highly skilled workers

This unsponsored route is currently under consideration by the Migration Advisory Committee and, once opened, will allow the entry of a limited number of highly skilled workers without a secure job offer in the UK, Faife said.


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