The new UK working visa system will be applied from 1 January 2021 to Skilled Worker Route from the current Tier 2 General visa. A sponsorship requirement will apply to the Skilled Worker route, to the Health and Care Visa route and to the student route, as well as to some specialised worker routes. This applies to both EU and non-EU citizens who come on these routes. Although specific requirements vary by route, for most work routes, sponsors must undergo checks to demonstrate they are a genuine business, are solvent, and that the roles they wish to recruit into are credible and meet the salary and skills requirements.
New Sponsor system
To provide employers and prospective future sponsors with certainty the employers still need sponsor licence to bring migrant workers to the UK. Existing Tier 2 (General) and Tier 2 (Intra-Company Transfer) sponsors will automatically be granted a new Skilled Worker licence or Intra-Company Transfer licence, with an expiry date consistent with their current licence, and receive an appropriate allocation of Certificates of Sponsorship (CoS).
Abolishing the Resident Labour Market Test (RLMT) and Suspending the cap
In order to meet the current Tier 2 General visa conditions, an employer needs to put job advertisement (RLMT) for more than four weeks. Under the new Skilled Worker route, there will be no requirement for employers to undertake a RLMT. This reform will remove at least four weeks from the end-to-end process for sponsoring skilled workers.
The current cap on Tier 2 (General) visas (the current route for skilled workers) is also suspended. There will be no limit on the numbers of skilled workers who can come to the UK.
Immigration Skills Charge
Employers who sponsor non-EU migrant workers under Tier 2 (General) and (Intra Company Transfer) will be required, as now, to pay the Immigration Skills Charge (ISC), unless a specific exemption applies. Employers must pay £1,000 per skilled worker for the first 12 months, with an additional £500 charge for each subsequent six-month period. Under the Points-Based System we will apply the ISC to sponsoring 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 now to charities and Small and Medium Enterprises.
Additional ‘Tradeable point’ to a new Skilled Worker point system
The applicants should earn the points that they meet the needs of the economy as a tradeable point as well as meet the mandatory requirement. The new score system is as below:
- The applicant must have an offer of a job from a licensed sponsor
- The job must be at or above the minimum skill level: RQF3 level or equivalent (A level or equivalent qualification). Workers will not need to hold a formal qualification. It is the skill level of the job they will be doing which is important
- The applicant must speak English to an acceptable standard
- The salary level of the general applicant should be at least £25,600 and £20,480 for new employment, or for those who are switching from the Student or Graduate route. .
- There is scope to earn the required extra tradeable points if the applicant is paid less than the general threshold or the going rate, provided they are paid at least £20,480. That being the case, the applicant may earn points if they have a job offer in a specific shortage occupation or a PhD qualification relevant to the job.
- There are also different minimum salary rules for workers in certain health or education jobs, and for “new entrants” at the start of their career. The salary requirement for new entrants will be 30% lower than the rate for experienced workers in any occupation. However, the minimum of £20,480 must always be met.
Switching to Skilled Worker visa
The current Tier 2 general visa holders should switch their visas to skilled Worker visa if they want to change employment after January 1, 2020. They can be offered less skilled job and less salary from a sponsored employer unless the job is below minimum RQF3 level.