Employing migrants in 2021 – What employers need to know

Skilled Workers

On 1 January 2021, the UK’s immigration system is changing. Employers should plan and take action now before the changes happen.

Migrants from EU countries will be treated in the same way as non-EU migrants, thus ending the UK’s free movement with the EU. Basically, anyone coming to work in the UK will need permission from the Home Office in advance.

The new immigration system will be a points-based system (‘PBS’) with a focus on bringing ‘skilled workers’ into the UK. The PBS will require migrant workers to achieve a total of 70 points.

In all cases, the migrant worker must (‘mandatory points’):

• Have a genuine job offer from a Home Office licenced sponsor (20 points);
• Ensure the job offer is at a minimum skill level (A level and equivalent) (20 points);
• Speak English at the required level (10 points);

To make up 70 points, the migrant must ensure they satisfy a combination of one or more of the following (‘tradeable points’):

• Higher of a salary of £20,480 to £23,039 or at least 80% of the job’s “going rate” (0 points);
• Higher of a salary of £23,040 to £25,599 or at least 90% of the job’s “going rate” (10 points);
• Higher of a minimum salary of £25,600 or the job’s “going rate” (20 points);
• The job is in the ‘shortage occupation list’ (20 points);
• They have a PhD in a subject relevant to the job (10 points);
• They have a PhD in a STEM (Science, Technology, Engineering and Maths) subject relevant to the job (20 points).

There will be no ‘low-skilled’ worker route.

Recruiting New Workers

From 1 January 2021, if you want to recruit a new, skilled worker from anywhere outside the UK, you will need to be a Home Office licenced sponsor.

To become a licenced sponsor, you must be able to show that your business is genuine (and you have the documents to back this up), that you do not have any unspent immigration offence convictions or previous sponsorship duty failings and that you have appropriate systems to monitor your migrant workers when they arrive.

The application fee to become a licenced sponsor depends on the size of your business. For small businesses and charities, the fee is £536; for medium and large businesses the fee is £1,476.

It usually takes between 8 – 10 weeks for the UK Immigration and Visas department of the Home Office to process a sponsorship licence application, although this may be delayed if they have any concerns or questions about the business’ eligibility or suitability to become a licenced sponsor.

Retaining Existing EU workers

EU migrants currently working in the UK whom are sponsored by their employers should consider making an application under the EU Settlement Scheme (‘Scheme’) either for ‘pre-settled’ or ‘settled’ status. This would preserve the migrant’s right to work and reside in the UK once the new immigration system comes into play.

Applications under the Scheme are the responsibility of the migrant, not its employer, although employers would be advised to inform their migrant workers of the impending changes and the need for them to apply sooner rather than later.

EU migrant workers must be resident and working in the UK by 31 December 2020 in order to make a valid application under the Scheme. Applications under the Scheme must be made by 30 June 2021. There is no application fee although it can take up to 1 month for applications to be processed as proof of identity and proof of residency documents are required when making the application.

If your business employs EU or non-EU workers, or are hoping to employ migrant workers (from anywhere in the world) in 2021 and beyond, contact Chadwick Lawrence’s Regulatory team today on 01484 5199 99 or email HarveyBlake@chadlaw.co.uk for a chat about your options.