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BHD Corporate Business Immigration Department Update

Changes for Employers employing migrant workers under Tier 2 from January 2021

By Paul Turner – Senior Partner

The UK Government are moving into phase 1 of its plans to update the immigration system for businesses who seek to employ migrant workers. At the present time the majority of migrant workers are employed via the Tier 2 route, whereby an employer in the UK must secure a sponsorship license, show they have complied with a resident labour market test, and that the position matches a specific job description.

With the UK leaving the EU, and to address what will clearly be a short fall in the labour market the following key changes will be introduced in January 2021 that positive for companies interested in expanding their work force, or simply looking to retain current workforce and staffing levels. The new rules will apply to EU nationals who seek to live and work in the UK post Brexit. Below we set out some of the crucial positive changes that will apply.

Removal of the Quota and cap on migrant worker applications

Businesses in the UK can now be confident that if they apply for a sponsorship license to employ migrant workers, that your business plan will not have to engage with the previous uncertainty of the UK limiting the number of positions that could be offered to a migrant worker each month. There will now be no cap on the number of positions that can be filled

Removal of the Resident Labour Market Test

At present, before being able to allocate a Certificate of Sponsorship to a migrant worker the company are required to advertise the position within the UK, prove that CV’s were considered and that candidates were interviewed and provide a credible account as to why the position of employment could not first be filled by a person resident in the UK. This is also a current requirement when seeking to promote a member of staff to a new role. From 1 January 2020 the Resident Labour Market Test will not apply. This will mean that employers can avoid delays in recruitment drives and employ EU and Non-EU nationals easier.

Relaxation of the skills requirement

At the present time the Tier 2 system requires migrant workers to have achieved RQF level 6 to be employable in the UK. This is at degree level. The new rules from 1 January 2021 reduce this to RQF level 3 being the A-level standard enabling companies to fill a greater number of roles from an more expansive group of candidates.

Barnes Harrild & Dyer Solicitors offer specialist legal services to companies and businesses. We offer attractive packages to businesses that are competitively priced where we will look after all stages of the process, of advising on your business needs, how best to fill your vacant positions, securing your sponsorship licenses, ensuring that your duties and responsibilities as a sponsor are maintained, and securing your prospective employees leave to remain in the UK.

Contact us today

For assistance and guidance with the above or if you would like to instruct one of our immigration experts, contact us today for advice and assistance with your visa or leave to remain. I can be emailed directly at paul.turner@bhdsolicitors if you wish to arrange a consultation, or you can alternatively contact us via the blue contact us boxes above.

We are a firm specialising in immigration law with offices situated in Croydon and Central London and we are continuing to work throughout the Coronavirus pandemic.

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