Insights

On 13 July 2020, the Government set out further details on the UK’s new points-based immigration system. These new arrangements will take effect from 1 January 2021, once freedom of movement with the European Union (EU) has ended. The new system will treat EU and non-EU citizens equally and aims to attract people who can contribute to the UK’s economy. We set out below the particulars of this recent announcement.

We at Statura will continue to monitor any relevant development/announcement and are actively working with immigration law specialists in order to keep our clients updated and to support them during the relevant application process. In the meantime, please speak to your usual Statura contact should you wish to discuss the content of this document in more details.

Broadly, under current provisions EU, EEA or Swiss citizen (and their family members) can apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021. In particular, if the application is successful, such Individuals would be granted:

Settled Status

If they started living in the UK by 31 December 2020 and lived in the UK for a continuous 5-year period (known as ‘continuous residence’, i.e. they have been in the UK, the Channel Islands or the Isle of Man for 5 years in a row for at least 6 months in any 12 month period).

Pre-settled status

If the individual does not have 5 years continuous residence at the time of the application, he/she would get pre-settled status If they have started living in the UK by 31 December 2020.

Upon successful application, the individual can stay in the UK for a further 5 years from the date pre-settled status Is granted. The individual can then apply to change this to settled status once they have 5 years’ continuous residence.

The new visa system is set to come into force on New Year’s Day 2021, immediately ending freedom of movement with the EU.

The UK PBS requires applicants to score 70 points to be eligible for a general work visa, with points awarded for speaking English at the required level (10 points) and having a job offer by an approved sponsor (20 points) at the right skill level (20 points).

In particular, under the government's plans migrants wishing to come to the UK for work will need to be:

• sponsored by an employer in a middle-skilled job or higher (this is a mandatory requirement for visa applicants);
• be paid the higher of the specific salary threshold for their occupation – known as the ‘going rate’, set at the 25th percentile of earnings of all those in the profession – and the general salary threshold for experienced workers, set at £25,600. If the applicant earns less than this - but no less than £20,480 (minimum salary requirement) - they may still be able to apply by ‘trading’ points on specific characteristics against their salary.

Further points would be awarded for meeting criteria such as holding a PhD relevant to the job or earning more than a "general salary threshold" of £25,600. Those with job offers in "shortage occupations" such as nursing and civil engineering would also be able to earn extra points.

We set out in the table below the proposed PBS criteria:

Further details on the PBS can be found in the official Government statement at the following link:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/899716/UK_Points-Based_Immigration_System_Further_Details.pdf