The key changes which are likely to affect businesses and migrant workers in the UK are set out below.
Introduction of Graduate route
The Graduate route will open to applications on 1 July 2021. It is being introduced to attract international students to the UK as a study destination. It will allow international students who have successfully completed an eligible course as a sponsored student to stay in the UK and work, or look for work, at any skill level for up to two years after they graduate (three years for those awarded doctorates). Applicants must have current valid Student (or Tier 4) permission and must be in the UK when they apply. It may be that such an employee would during that two/three years then acquire alternative visa rights that would permit a longer-term stay in the UK.
Skilled Worker category - Shortage occupations
Revisions to the UK-wide shortage occupation list (SOL) are being introduced. Eight occupations in the health and care sector as well as modern language teachers have been added to the SOL. The occupations added in the health and care sector are:
- Health services and public health managers and directors.
- Residential, day and domiciliary care managers and proprietors.
- Laboratory technicians.
- Senior care workers.
- Pharmacists.
- Health professionals not elsewhere classified.
- Physiotherapists.
- Nursing auxiliaries and assistants.
Chefs have been removed from the SOL but will continue to be eligible for the Skilled Worker route due to changes in the skills and salary thresholds. Experienced deckhands on large fishing vessels and vent chick sexers have also been added to the list of occupations eligible for the Skilled Worker route.
Minimum salary thresholds
To safeguard against sponsors requiring their sponsored employees to work long hours, to compensate for lower pay rates in meeting the minimum salary floor, the minimum salary requirement for the Skilled Worker category is being bolstered by the introduction of a minimum hourly rate of pay of £10.10 (which equates to the £20,480 minimum possible floor for a 39-hour week). The change means that sponsors will need to calculate each sponsored Skilled Worker's hourly rate of pay to ensure that they meet the requirements of the category.
Salary reductions
A change is being made to the salary reduction rules, which will prevent sponsors reducing their Skilled Workers' salaries unilaterally on the basis the Skilled Worker can offset the reduced salary by relying on a different set of tradeable points. Instead, the Skilled Worker will need to submit a new application to allow the Home Office to assess the new points and ensure that the migrant continues to meet the requirements of the Skilled Worker route.
EU Settlement Scheme
Several changes are being made to the Immigration Rules for the EU Settlement Scheme (EUSS):
- The conduct of EU nationals and their family member after 11.00 pm on 31 December 2020 can be relied on for refusing applications.
- The suitability requirements have been amended to allow applications to be refused (and permission cancelled) where the applicant's presence in the UK is not conducive to the public good because of conduct committed after 31 December 2020.
- Applicants for a EUSS family permit will be allowed to rely on alternative evidence of identity and nationality where they are unable to obtain or produce the required document due to circumstances beyond their control, or for compelling practical or compassionate reasons.
- Amendments are being made to allow applications to the EUSS beyond 30 June 2021 where a person is relying on having reasonable grounds for missing the deadline.
This final issue is significant: whereas previously many had assumed that one's right to settled status under the EUSS was a mere formality, it is now quite clear that applications can be refused on fairly wide grounds, such as the 'public good'. For this reason, employers who require their employees to obtain EUSS rights but where those employees have yet to do so, should encourage applications now - so as to avoid any shocks when 30 June 2021 arrives (and to minimise the period between 31 December 2020 and the date of application during which 'conduct' can be assessed).
