The new points based system will come into effect from 1 January 2021. Applications under the new rules will open prior to that date for those coming to the UK from 1 January 2021 onwards. Our previous blog summarised the key parts of the new points based system which are of interest to employers. In this blog we highlight the new guides which have been published on the new rules.
Guide for becoming a licensed sponsor
UKVI have published new guides which may be helpful for employers on the new rules. For employers who do not yet have a sponsor licence, they have produced a one page 'employers guide to becoming a licenced sponsor of skilled migrant workers'. This needs to be read alongside the more detailed guidance on how to apply but it breaks down the process into clear steps. The guide recommends that employers allow 8 weeks for the application.
Introduction for employers on the new points based system
UKVI have also published 'The UK's points-based immigration system: An introduction for employers'. This 12 page document provides a helpful overview of the new rules. It explains that anyone coming to the UK to work, excluding Irish citizens, will need to apply for permission in advance under the new rules and that there will be a single set of rules applicable to everyone, including EU citizens. The rules will not however apply to EU citizens living in the UK before 31 December 2020. The guide covers the new Skilled Worker route, Intra Company Transfers, the Global Talent route and other immigration categories.
The guide also highlights that employers who are not already a licensed sponsor should apply now if they think they will want to sponsor migrants through the skilled worker route from January 2021.
Tier 2 and 5 policy guidance updated
The detailed Tier 2 and 5 policy guidance has also been updated to provide more information on the new rules. The updates can be found at Annex 9 of the guidance. This explains that further information will be published for employers applying under the new rules. It says that they intend to start accepting applications under the new points-based system from the 'end of 2020'.
Further detail will be provided on GOV.UK shortly to confirm the earliest date employers can assign a Certificate of Sponsorship for use under the new system and also to explain when migrants can apply for entry clearance or leave to remain under the new system.
Please get in touch with a member of the employment and immigration team or your usual Brodies contact, if you would like information or advice on anything raised within this blog.