How will the UK points-based immigration system work?

With the UK’s final separation from the European Union just on the horizon, many of the finer details surrounding immigration, travel and freedom of movement are being altered to reflect this upcoming change. With a new immigration system expected to come into full force in 2021, familiarising yourself with these changes ahead of time could be valuable – especially if you’re planning to emigrate to the UK, or you know someone that will be emigrating after January 2021.

Like the current Australian, New Zealand and Canada immigration systems, the UK’s new immigration process will involve a points-based system. This system will take into account a range of different factors and elements when it comes to deciding on someone’s eligibility to live and work in the UK. But how, exactly, will this new system work? We cover all you need to know about the new UK points-based system, from how individuals can gain points through to what this new points system means for students and families of workers. As well as what this new system means for existing EU citizens living within the UK.

The basics of the points-based system

The UK’s points-based system aims to simplify and streamline the immigration process, treating both EU and non-EU citizens equally to decide which individuals and families are allowed to come to the UK to work. Acquiring a visa will be a requirement for anyone outside of the UK, other than Irish citizens. To get that visa, you’ll have to get enough points to meet those stringent requirements. While there are exceptions to this rule, overall, there are several ways in which potential UK migrants can gain points. Some of these are mandatory, such as the ability to speak English to a certain level, having a job offer in place or already holding a job past a specified skill level. Other points are tradeable, meaning they can be used to boost your overall score. The mandatory points that any migrant worker must have accounts for 50 of the 70 total points required for the UK work visa. So, how does the government calculate the value of specific jobs to make this points system work? Every job will have a corresponding SOC – Standard Occupational Classification – code. This code relates to the skill level required for the specific job. This means individuals in lower-skilled roles or low-paying jobs may not be able to gain a visa to work in the UK.

How points are calculated

To achieve that necessary ‘70’ score, those looking to work in the UK will need to fulfil several different factors. These are listed below with their points score included:

Mandatory points

Job offer from an approved sponsor – 20 Job of appropriate skill level – 20 Speaks English to the level required - 10

Tradeable points

Salary of £20,480 to £23,039 – 0 Salary of £23,040 to £25,599 – 10 Salary of £25,600 or higher – 20 Job in a shortage occupation – 20 PhD relevant to a job offer – 10 STEM PhD relevant to a job offer – 20 As you can see from these various points and factors, there are several ways to reach that required 70 score. For example, if you meet all mandatory requirements and hold a salary of over £25,600, you have already reached the specific threshold needed to be approved for the UK work visa. Similarly, if you meet the mandatory points requirements and have a salary of £21,000, but the role is in an area of shortage as determined by the Migration Advisory Committee, you will also be eligible. The points-based system aims to be slightly flexible, to accommodate high-skill workers of various means and levels of experience. However, low-skill workers and those earning minimum wage will not be eligible under this new system, which is something to consider.

Health & care UK visas

There are some exceptions to the point-based rule, and health and care visas are one of them. Those working in the healthcare field, such as nurses and doctors, maybe fast-tracked through the visa process and pay reduced fees as well. The required mandatory requirements must still be met, as well as the salary thresholds. Care workers are not included as a part of this scheme.

Visas to study in the UK

Unlike working visas, the government are not including international students in the points-based system. In 2021, the UK will introduce a specific graduate visa. This allows students who have studied in the UK to remain for two further years, while PhD students can stay for up to three years.

Dependent family members

For many people, one of the biggest concerns with the new government points-based system is how it will affect their families. But for dependent family members, an application can be made to live with a family member that has already been approved as a PBS migrant. This includes husbands, wives, children under the age of 188, unmarried partners, civil partners and same-sex partners.

What about EU citizens already living in the UK?

For EU citizens that already live within the UK and plan to stay and work following the UK’s split from the EU, the new points-based system will not apply. They will also be eligible to apply for the EU Settlement Scheme before 30th June 2021 to stay in the UK, or if they choose to leave they can return at a later date by going through the UK points-based work visa process.

How different is the new points-based system from our existing one?

Currently, individuals living in the EU don’t need to acquire a visa to come and work in the UK. This is known as freedom of movement and applies across a large proportion of countries under the EU. For migrants coming to work from outside the EU, a points-based system already exists – which is what the new system is based on.

What does this mean for UK businesses?

Many UK companies have seen the benefit of being able to hire workers across the EU in a range of different high and low-skill roles. With the new points-based system, employers will require a sponsor licence to hire outside of the UK through the skilled worker route. A fee will apply to become a sponsor. With the new points-based immigration system first going live in January 2021, it may be a good idea to read up and understand your rights and requirements – whether you’re an individual looking to work in the UK from abroad, or a business looking to hire outside the UK. Understanding the new points system as it is trialled will reduce confusion and ensure as smooth a transition as possible in a time where many changes are likely to happen. For more information about the UK Government’s points-based immigration system, visit their website here.