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Грядущие изменения в иммиграционных Правилах UK. Часть 2

Вчера появились уточения в отношении грядуших изменений в иммиграционных Правилах Великобритании.

Further insignt into the new UK Immigration Rules and Programmes: https://www.gov.uk/government/publications/uk-points-based-immigration-system-further-details-statement

>>> EU citizens will need the Written Confirmation of immigration Status (those who arrive post 01-01-2020 and who did not register for EUSS previsly):

"EU and non-EU citizens wishing to come to and live in the UK from 1 January 2021 will need to demonstrate their right to be in the UK and the entitlements they have. All applicants will receive written confirmation of their immigration status. EU citizens will additionally be provided with secure access to their immigration status information via an online service which they will be able to use to confirm their rights and to access services when necessary, instead of a physical status document."

The government appears to have decided that having a system reliant only on digital e-visas is not a good move — perhaps they read Jonathan’s piece. It is also likely that they’re keen to avoid another scenario where there are lots of people lawfully in the UK who cannot prove their status.

>>> EU citizens can avoid biometric enrolment


Initially most EU citizens won’t need to attend a Visa Application Centre to provide their biometrics. Instead, they’ll be able to just provide a facial image. Self-enrolment of biometrics is stated to be part of a longer term plan.

>>> Working in the UK


Employers will still need a sponsor licence if they want to recruit EU and non-EU citizens under most of the work routes. Some applicants will of course qualify under the non-sponsored routes in their own right.

Checks will be made to ensure that sponsors are genuine and solvent (the latter is new). Sponsors will need to show that roles are credible and meet salary and skills requirements (where applicable). Key personnel responsible for maintaining the sponsor’s status will undergo criminality and “other security checks”.

The sponsor licences for workers will be renamed “Skilled Worker licence” and “Intra-Company Transfer licence”.

>>> Skilled Worker route

The skilled worker routes is pretty much as per the initial design:

    -no caps
    -no Resident Labour Market Test
    -a system of points including “tradeable” points (I’m going to need some time alone with my note pad to figure this bit out — and then we’ll do a detailed briefing)
    -lower skill threshold (RQF3 instead of RQF6 at the moment)
    -minimum salary requirement (“PAYE records for all skilled workers will be regularly checked to confirm they are being paid the correct salary”)
    -English language requirement — a lot of new and welcome ways to meet this are being introduced
    -ability to bring qualifying dependants

The switching rules will be relaxed to enable most migrants to apply to switch from one immigration route to another without having to leave the UK.

Applicants seeking points under the easier PhD skilled worker route will only be able to score points if the PhD — which must be an “academic PhD” — is relevant to the job. Onerously, the document says: “We will withhold points if the sponsor’s explanation is clearly not credible”.

>>> Health and Care Visa

The new Health and Care Visa will be a “fast-track entry, with reduced application fees and dedicated support”. There will be many who do benefit, but the final detail confirms that the UK key workers who work in care homes and provide home care aren’t included...

>>> Intra-Company Transfers (ICT) and ICT Graduates

The ICT routes are to remain broadly as they currently are.

The Tier 2(ICT) “cooling off” period is going to be removed in relation to ICT sponsored workers. Unfortunately, the removal of it is only referred to in the ICT section at this stage (excludes Tier 2(General) migrants).

>>> Highly skilled workers (remember HSMP / Tier 1(General) ?


"Beyond January 2021 and in line with the recommendations from the MAC, we will create a broader unsponsored route within the Points-Based System to run alongside the employer-led system. This will allow a smaller number of the most highly skilled workers to come to the UK without a job offer. This route will not open on 1 January 2021 and we are exploring proposals for this additional route with stakeholders over the coming year. Our starting point is that this route would be capped and would be carefully monitored during the implementation phase. Further details will be shared in due course."

>>> Other work related routes

There is little further detail of note in relation to most of the other work related routes so we can expect them to largely operate as now, although with the inclusion of EU citizens.

Such routes include Ancestry, Minister of Religion, Government Authorised Exchange, Youth Mobility, Charity, Sporting and Creative.

>>> Students

Not independent schools can’t be sponsors.

Students will be able to come to the UK six months before their course starts, instead of three as of now and there will be more flexibility for in-country switching.

Time-limits on study will be removed for those studying at postgraduate level (as long as the student is progressing academically).

>>> The Graduate route

Undergraduate and master’s degree students can apply for a two year Graduate Visa. PhD students can apply for three years. They won’t need to be sponsored and will be able to switch into work routes.

To benefit from the route, they must have successfully completed a degree at a UK HEP with a track record of compliance.

They must have “undertaken all study in the UK (those who completed part of their course overseas as part of a study abroad programme, or have studies part of the course outside…. as a result of… Covid-19 will also be permitted to apply)”.

Комментарии

  • Дополнительные bullet points:

    The government has published ‘The UK’s Points-Based Immigration System, Further Details’ which sets out how the immigration system will operate after freedom of movement is ended on 31 December 2020. Unless otherwise stated in the paper, the routes will be open by January 2021. The paper covers the main economic migration routes for those wishing to apply to work or study or set up a business in the UK. The government intends to confirm the final details later this via guidance, Immigration Rules and secondary legislation. Some of the main points set out in the paper are as follows:

     
    • Paragraph 5: all applicants will receive written confirmation of immigration status
    •     Paragraph 6: an online right to rent check process is planned for later this year, online right to work checks introduced in January 2019 will be expanded
    •     Paragraph 8: self-enrolment of biometrics will be available to most EU citizens from January 2021
    •     Paragraph 13: a discounted rate of the Immigration Health Surcharge will be introduced for children, and further details of the exemption for frontline NHS workers will be published shortly
    •     Paragraph 15: a sponsorship requirement will apply to the Skilled Worker route, the Health and Care Visa, and the student route. Existing sponsors will automatically be granted a new Skilled Worker licence of Intra-Company Transfer licence (para 19)
    •     Paragraph 16: the RLMT and cap on the number of skilled workers will be removed
    •     The Skilled Worker points system is set out at paragraphs 36 to 43, see particularly para 38
    •     Paragraph 49: pro rated salaries for part time workers must continue to meet the minimum general salary threshold which will not be pro rated
    •     Paragraph 56: sets out the requirement for new entrants, who will benefit from a reduced salary threshold for three years. This includes those switching from the Student route
    •     Paragraphs 60 to 64 sets out the detail of the new Health and Care Visa which is part of the Skilled Worker route and provides for reduced application fees and fast-track entry for those with a confirmed job offer in one of the defined health professions
    •     Paragraph 79: in Summer 2021 the Graduate route will be launched for those who have completed a degree at a UK Higher Education Provider with a track record of compliance to stay in the UK for two years and work at any skill level
    •     Paragraph 108: the cooling off period for intra-company transfers is to be adjusted
    •     Paragraph 145: EU citizens will no longer be able to travel to the UK using their national ID card, but will instead require a passport
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