Changes to Immigration Rules after Brexit Thalej Vasishta Paragon Law

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Session Outline EU Settlement Scheme The single skills-based immigration system (the White Paper)

Politics and Future Approach “I stand before you as the first Home Secretary in a generation… that is actually able to define an immigration system, without being constrained by the EU.” “We shouldn’t brush aside the legitimate concerns that many people – most people – have had about the way immigration has been managed, especially the anxieties of those on low pay or in low skilled jobs.” “And I say to those EU citizens, who have already made the UK their home… deal or no deal… we want you to stay. We need you to stay. You can stay.” “A skills-based, single system that is opened up to talent from across the world. A system that doesn’t discriminate between any one region or country. A system based on merit.” “And above all, that has to mean one thing: an end to freedom of movement.”

Settled Status Scheme – What has been agreed? “EU nationals who have made the UK their home can stay” Two New Forms of Immigration Status Settled Status Pre-Settled Status

Settled Status Scheme Date in the UK With Agreement No Deal Brexit Currently in the UK Arrive after 29 March but before 31 December 2020 Arrive after 31 December 2020 Will need to make an application by June 2021. Will be able to apply for pre-settled status before June 2021. Family members of EU nationals can apply and must do so within 3 months of arrival. All other arrivals will need to meet new set of Rules. Will need to make an application by 31 December 2020. Will be able to come for 3 months without a visa. Will then have to apply for ‘European Temporary LTR’. Will then have to apply under the new Rules. Family members of EU nationals can apply up until 29 March 2022 – they must apply within 3 months of arrival.

EU Settlement Scheme Who needs to apply? All EU nationals and their family members; including those who hold a residence permit. Includes citizens of Switzerland, Norway, Iceland and Liechtenstein. Irish nationals, EU nationals with ILR and EU nationals who are also British citizens do not need to register.

EU Settlement Scheme Is the scheme open for applications? Initial pilots to test the scheme were introduced 2018. On 21 January 2019, the scheme opened to European citizens and family members who hold a biometric passport or ID card. Will fully open on 29 March 2019. Is there a fee? £65 for people over the age of 16 years. £32.50 for those under the age of 16 years. Prime Minister has confirmed the fee will be scrapped.

Employers Toolkit

EU Settlement Scheme Points to note as an employer: Registration on the scheme is voluntary. EU nationals may continue to work lawfully in the UK without registration. On 30 June 2021 (or 31 December 2020 if no deal) it will become mandatory to have registered on the scheme to have the right to live and work in the UK. Therefore whilst it is not an employers duty to ensure that a colleague has registered, employment will become unlawful once the scheme is mandatory. Employer could face a civil penalty of £20,000.

What Steps Employers Need to Take? Frist step is to review your HR records to know how many colleague need to register. Send communication and updates on the scheme to all colleagues. Provide access to the Government website and links with information. Support EU colleagues and HR colleagues with bespoke training. Provide support with the application process including access to an android phone and PC. New online checking service now available. Previously this could only be used if the employee had an application outstanding with the Home Office. Now available for everybody. The intention is that will not require other RTW docs- But for the moment, I would still collect these.

The Immigration White Paper A new single skills-based system for EU and non-EU citizens. Meaning EU nationals will also have to satisfy the same criteria of the 5 Tiers of the PBS. However, certain flexibilities may apply to some nationals in accordance with trade agreements and/or risk analysis basis. It will be introduced in a phased way between now and the end of the transition period. The rhetoric of “tens of thousands” net migration target has been replaced by reference to ensuring “sustainable levels” of net migration.

The 5 Tiers of the Points Based System Tier 1 – High Value Immigration Entrepreneurs, Exceptional Talent, Graduate Entrepreneurs and Investors Tier 2 – Highly Skilled Migrant workers Tier 2 (General) and Tier 2 (Intra-Company Transfer) Tier 3 – This tier has never opened for applications but was originally created for low skilled workers. Tier 4 – International Students Tier 5 – Temporary Workers Government Authorised Schemes, Youth Mobility Scheme, GATS, Creative and Sporting, Voluntary Tier 1 is going to be subject to extensive revision Tier 2 has been progressively tightened during its lifetime.

Working During Studies Permitted to work a maximum of 20 hours per week during term time if studying at degree level or above and 10 hours if below degree BUT no self employment. Full time during holidays (48 hours) per week. Full time work placement if the placement makes up 50% or less of the course. The work placement must also be assessed as part of the course. Student immigration permission that extends for up to 4 months beyond the end of studies allows for work without permission during this period. Read slide first. An important reminder. Comes back again to planning. Really important for international students. Always asked about discrim against international students applying for graduate schemes. I suspect that there is discrimination. However, we do a lot of sponsor licence applications for employers who want to employ international students- always when they have done some kind of work with them already. Employers are often unwilling to commit time and money to the sponsorship process for someone who is an unknown quantity, especially when they have other applicants. However, employers who have come to know someone, and work during studies gives students a chance to prove themselves ahead other other graduates. Although there are barriers there are also often some benefits. Very often applicants are useful because they have knowledge of a language and culture in an area of the world where a business trades, as well as other skills. If employer already has a licence then financial cost is actually low- more on next slide. Therefore really worth international students seeking and taking opportunities while they are studying. However, remember that free work is still work. Cannot be self employed unless setting up a business in relation o application for Tier 1 grad entrepreneur. Beware the gig economy!

The White Paper on International Students Masters and Bachelors students will be allowed 6 months of leave after studies. PhD students will be given an automatic 1 year leave to remain. Students studying at Bachelors degree level or above will be able to switch to Tier 2 up to 3 months before they finish studies. And will be allowed to apply for Tier 2 visas up to 2 years after graduation.

The Immigration White Paper End the annual cap on skilled workers Ending the resident labour market test Maintain the minimum salary at its current level Open immigration to intermediate skilled roles (RQF 3 and 6) Transitional scheme for low-skilled workers, limited to 12 months and limited to nationals of specific countries. To be reviewed in 2025. Pilot of a new agricultural workers scheme EU nationals will not be required to obtain visas for short-term (6 months) tourism and business travel, will be subject to the current visitor rules. Room for this to change Some good things e.g. end of the cap and end of the RLMT. Also the reduction of the skill level. Salary cap is a fly in the ointment- is disagreement on this within Govt and may be room for this to change. The MAC logic is that there are some people within those roles that earn £30k – however, not clear if this accounts for regional variation- if all those are in the SE and London then a further example of how this discriminates against the other regions. Straight forward and light touch sponsorship system to be welcomed but will be a big change to the current system- if employers are not bearing that burden, where will it go? Query of this scheme for low skilled workers will be very effective- who would want to do this and why? Agricultural pilot is only for 2500 workers, max 6 months each, edible agriculture only. Can expect costs to remain high.

The Sponsor Licence Regime Employers who wish to sponsor migrants from outside the EEA as Tier 2 migrants require a sponsor licence. Employers are expected to take on much of the burden of monitoring and ensuring that the Immigration Rules are met. Web based application procedure (fee to register is £1476 for medium or large sponsors and £536 for small sponsors). Must demonstrate why a sponsor licence is required. Must then file specified documents to the UKVI in a prescribed format. Business may be subject to a pre-registration audit. Once registered you will then issue a Certificate of Sponsorship to the migrant (£199). Examine the existing sponsor licence regime for employers Is burdensome Light trigger enforcement Unannounced audits

Route for Temporary Short-Term Staff Will allow people to come for 12 months, with a cooling-off period of 12 months. Meaning – no rights to extend stay, switch status or permanent settlement. In addition will not be able to bring dependants or access public funds. Route will be open to citizens of ‘low risk’ countries with which the UK negotiates migration commitments and mobility proposals.

Route for Temporary Short-Term Staff There will be an application fee and criminal record checks. IHS also likely to be applicable. Will be a transitional arrangement and over time may impose further restrictions or impose numerical caps if necessary or even close the scheme if economic conditions warrant. In its transitional form workers will be able to move between employers and there will be no specific sponsorship requirement. Government will commence engagement with businesses and business groups about this scheme. In 2025 there will be a full review of the scheme and further consultation to see whether the scheme should continue and if so whether it should be more limited than the transitional route.

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