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What do the new immigration rules mean for UK employers who recruit from overseas?

This year amidst the Pandemic, the UK Government brings a new set of rules for the UK employers who recruit from overseas. The new immigration news co

This year amidst the Pandemic, the UK Government brings a new set of rules for the UK employers who recruit from overseas. The new immigration news conveys that once every UK and non-UK citizen reclaims their freedom of movement, this new set of rules will be in play.

However, the freedom of movement between the UK and EU draws an end line. The UK will be introducing new rules from January 2021 that treats the entire applicant’s equally, irrespective of their homeland. 

The Home Office has reclaimed the restrictions on UK employee visas since April 2011. The current scenario provides easy hiring and sponsorship to non-UK nationals from January 2021. 

In current times, UK employers must have a Sponsor Licence to hire the best talents across the UK. While recruiting an overseas candidate for their company, the UK employer must apply for prior permission to the UK Government.

However, the specific requirement for hiring now differs from visa to visa. But, the rules are not applicable when you are hiring any citizen of Ireland. 

Here is detailed information on the pay scale and requirements of non-UK Employees in the UK. 

From the first day of 2021, every skilled worker who is hired from overseas must get the following facilities. 

  • Payment must be a minimum of 25,600 Pounds. It can go along with the ‘pay rate’ of the particular company if it is more than the minimum rate.
  • Applicants with a job less than the minimum amount are still eligible through the ‘trade-able points’. However, the income must never be less than 20,480 Pounds.
  • Fluent English Speaking at a necessary level
  • Skill level requirement is of RQF3 or above (must be equivalent to A)
  • A valid Sponsor Licence recruitment offer from the Home Office

However, the salary rules can be different for the new entrants. A person beginning their career, or working in any educational sector, or pursuing a health job falls under these criteria. 

The Skilled Worker Route

There is also a new ‘Skilled Worker’ Route as a replacement to the Tier 2 route (General Route). The expectation from this change is it must enhance the UK Employers capability to recruit potential workers.

The Skilled Worker route comes with certain advantages for the employers who are looking forward to employing talent from overseas. Here are some of the salient points:

  • No annual cap on the number of the skilled worker visa
  • The labour market test will be eliminated
  • A decrease in the skill threshold will be seen from RQF 6 to RQF 3
  • There will be trade-able attributes for salary compensation among PhD holders in any field or any shortage in job occupation

Our best immigration solicitors have placed certain practical perspectives on these newly formed rules. There might be an issue with sponsoring candidates for skilled jobs because it is costly. The employers might not wish to hire from abroad and pay an additional 3000 to 5000 pounds, despite the relaxations on work visas.

The Intra Company Transfer Route

This section undergoes some fundamental changes by granting international candidates to switch their immigration work status to the ‘Skilled Worker’ Route. Through this scheme, an existing worker can get a transfer from overseas to the UK, and work under the same employer within the UK. 

There are some minimum skill requirements for the applicants for The Intra Company Transfer Route.

  • Payment must be a minimum of 41,500 Pounds. It can go along the ‘pay rate’ of your company. The rule is to accept only the higher amount. 
  • The Intra Company Transfer Route sponsorship by a Home Office licensed sponsor
  • A 12-month working experience with an overseas business company linked to the UK business you will be working for
  • Skill level of RQF6 or more (Minimum requirement is graduation)

Last Words

Amidst everything happening around the world and the new immigration rules, the best an employer can do is to remain positive throughout the adjustment period. The Home Office might take some time in delivering their service. Hence, patience is expected.

In addition to the global crisis, it is better if employers and employees are keeping themselves safe in their normal residence. 

Meanwhile, focus on minimising the errors and delays from your side the best you can. Keep a track of the work process, development and any updates on the new Immigration Rules. If possible, prepare a plan in advance and adhere to it. Best Wishes.  

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