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New UK immigration system: what you need to know

Contents
1. Visa application process
2. Skilled workers
3. Global talent scheme
4. International students and graduates
5. Visiting the UK
6. EU citizens living in the UK by 31 December 2020
7. Crossing the UK border
8. Proving immigration status in the UK

On 13 July 2020, the government set out further details on the UK’s points-based system. These new arrangements will take effect from 1 January 2021, once freedom of movement with the European Union (EU) has ended.

It will treat EU and non-EU citizens equally and aims to attract people who can contribute to the UK’s economy. Irish citizens will continue to be able to enter and live in the UK as they do now.

Visa application process
New immigration routes will open later this year for applications to work, live and study in the UK from 1 January 2021.

You’ll be able to apply and pay for your visa online.

When you apply, you’ll be asked to provide your biometric information. The process for this is:

EU, EEA and Swiss citizens
For most visas you’ll provide a digital photo of your face using a smartphone app. You will not have to give your fingerprints.

For a small number of low volume routes (to be confirmed later this year) you’ll need to go to an overseas visa application centre to have your photo taken.

Non-EU citizens
You’ll continue to submit your fingerprints and a photo at an overseas visa application centre.

Skilled workers
The points-based system will include a route for skilled workers who have a job offer from an approved employer sponsor.

From January 2021, the job you’re offered will need to be at a required skill level of RQF3 or above (equivalent to A level). You’ll also need to be able to speak English and be paid the relevant salary threshold by your sponsor. This will either be the general salary threshold of £25,600 or the going rate for your job, whichever is higher.

If you earn less than this – but no less than £20,480 – you may still be able to apply by ‘trading’ points on specific characteristics against your salary. For example, if you have a job offer in a shortage occupation or have a PhD relevant to the job.

There will not be a general route for employers to recruit at or near the minimum wage.
If you’re not already a licensed sponsor and you think you’ll want to sponsor migrants through the skilled worker route from January 2021, you should apply now.

Global talent scheme
The global talent scheme will be opened up to EU, EEA and Swiss citizens. It will allow highly-skilled scientists and researchers to come to the UK without a job offer.

International students and graduates
Student visa routes will be opened up to EU, EEA and Swiss citizens. You’ll be able to apply for a visa to study in the UK if you:

• have been offered a place on a course
• can speak, read, write and understand English
• have enough money to support yourself and pay for your course

A new graduate immigration route will be available to international students who have completed a degree in the UK from summer 2021. You’ll be able to work, or look for work, in the UK at any skill level for up to 2 years, or 3 years if you are a PhD graduate.

Visiting the UK
EU, EEA and Swiss citizens and other non-visa nationals will not require a visa to enter the UK when visiting the UK for up to 6 months. All migrants looking to enter the UK for other reasons (such as work or study) will need to apply for entry clearance in advance.

EU citizens living in the UK by 31 December 2020
If you’re an EU, EEA or Swiss citizen living in the UK before 31 December 2020, you and your family can apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021.

Crossing the UK border

Citizens of Australia, Canada, Japan, New Zealand, the United States of America, Singapore and South Korea – with a biometric chip in their passports – will continue to be able to use ePassport gates to pass through the border on arrival. EU, EEA and Swiss citizens will also be able to use ePassport gates (this will be kept under review).

Until at least January 2026 the UKVI will continue to recognise identity cards used for travel by EU citizens and their EU family members who are both resident in the UK before the end of the transition period and hold status under the EU Settlement Scheme. They will also recognise ICAO compliant identity cards from this group beyond 2026.
For newly arriving migrants, the UKVI intend to phase out the use of insecure identity documents and will set out further details on this in due course.

Proving immigration status in the UK
EU citizens
EU, EEA and Swiss citizens will use an online service to view their immigration status and to prove their status to others.

Employers, landlords and public service providers will continue to accept EU citizens’ passports and identity cards as evidence of their immigration status until 30 June 2021.

Guidance for employers is available on carrying out right to work checks on EU citizens and their family members in the UK.

Non-EU citizens
Non-EU citizens can continue to use a physical document to prove their immigration status.

Those with a valid, current Biometric Residence Permit, Biometric Residence Card or status granted under the EU Settlement Scheme can also prove their right to work to an employer using an online service. Guidance for employers is available advising how to carry out a physical document check or online check.

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. We can be emailed directly at enquiries@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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