How will the Conservatives’ election win affect the UK immigration system?

Conservative

As we reach the end of 2019, we approach not only a new year and a new decade, but also a new era for the United Kingdom’s international status. Now that Boris Johnson has firmly established his government’s control, we can expect Brexit negotiations to be finalised soon, with the Prime Minister targeting withdrawal from the EU on January 31st 2020.

What does this mean for the future of the country’s immigration system? As part of their election manifesto, the Conservatives laid out plans for what they claimed were revolutionary changes to the current system, including a new NHS visa and an Australian points-based process. But how much of this was really new, and how much was just electioneering? Let’s take a look at what we know so far.

 

NHS visa

 

During her speech in the House of Commons, which signalled the start of the Parliamentary year, the Queen revealed part of her government’s immigration plans to support the NHS: “A new visa will ensure qualified doctors, nurses and health professionals have fast-track entry to the United Kingdom.”

Boris Johnson went into more detail on these plans back on the campaign trail in November. The changes he mentioned included:

  • The application cost of a visa for medical professionals would be reduced from £928 to £464
  • A decision on the application would be guaranteed within two weeks
  • The minimum salary requirement of £30,000 for skilled migrants seeking five-year visas will be scrapped

However, dig deeper and these plans start to look less like a radical overhaul of the current system and more like tinkering around the edges.

For one thing, NHS doctors and nurses are already on the shortage occupation list and pay £464 for their visas, so this is misleading information unless Johnson meant it will be a £464 fixed fee for both a three-year and a five-year visa (a five-year visa is currently £928).

For another, visas on standard service are decided within 15 working days, and for an extra £220 overseas applicants will get the decision in five working days. Therefore, the Conservatives’ target of a two-week delivery is only five working days less than the current timeframe, which, as this article mentions, isn’t guaranteed as it is.

Therefore, in terms of real change, this really just leaves the scrapping of the £30,000 salary threshold for health professionals applying for a five-year visa.

This is certainly a welcome change. With an ongoing skills shortage continuing to impact the NHS, reducing the threshold will make it easier to recruit nurses and other health professionals on lower wages from outside the UK. And with their stated intention to also remove the cap on the number of migrant health professionals allowed into the country each year, it should help health services to recruit for much-needed positions.

 

Australian points-based system

 

“A modern, fair, points-based immigration system will welcome skilled workers from across the world to contribute to the United Kingdom’s economy, communities and public services.”

This statement of intent, also from the Queen’s Speech, is another part of the government’s claims to initiate radical reform of the UK’s immigration system, but, as with those made around the NHS visa, there is little new here to impress the well-informed.

We already have a points-based system for non-EU nationals. This was introduced in 2008 and was itself based on the Australian points-based system but has, over the past decade, become frustrated by complexity and increasingly stringent rules.

As visa and immigration advisors working with UK immigration policy on a daily basis, we’re the first to welcome change if it addresses the difficulties inherent in the current system. The UK needs a points-based model that meets our industry needs. However, while it is early days for this government, so far the changes to the UK immigration system they’ve set out seem to be focused more on satisfying their voter base rather than bringing about the changes necessary for industry.

As ever, we will be keeping a close eye on events and ensuring that we remain up-to-date and compliant with any changes to UK immigration policy. As this article shows, it’s a complicated business fraught with pitfalls, which is why we always recommend soliciting the support of an expert. Our team is available to provide advice and assistance to businesses and individuals – contact us now to arrange a free consultation.

Expanding the Shortage Occupation List won’t halt Britain’s recruitment crisis, warns UKVisas.co.uk

According to a report by the British Chamber of Commerce, three quarters of UK businesses are struggling to fill vacant roles in their organisations. The second Quarterly Recruitment Outlook for 2019 shows that while 53% of 6,000 businesses polled attempted to hire new employees, 73% of them found it difficult to successfully recruit for these roles.

The report places the blame on a lack of skilled candidates, and with Brexit still on the cards, the situation is only likely to get worse. If EU nationals become subject to the same UK Visa restrictions as other overseas candidates, the pool of freely available qualified talent will become even more limited. The situation has wider implications for our economy, and a solution must be found within the next few months if UK businesses are to continue to operate effectively.

As a response to the growing crisis, the UK government has announced a radical revision of the Shortage Occupation List (SOL). The list defines jobs that employers can offer to migrants without first checking local labour availability, and its purpose is to expedite recruitment for roles that are traditionally difficult to fill.

In the past, the types of roles on the list were considered specialist, but the latest additions include more commonplace occupations such as IT professionals, nurses, and social workers, further indication that the government has acknowledged the skills shortage is affecting areas of the jobs market that were previously considered well serviced.

The news that the SOL has been expanded will be welcomed by UK employers, but this measure alone is not enough to avoid an impending national recruitment crisis.

While the number of occupations on the list has risen dramatically, the 20,700 cap on the number of migrant workers that can enter the UK each year has not. When this limit has been reached, UK firms will be unable to employ any more overseas workers for the rest of the year, regardless of whether their occupations are on the SOL or not.

Our Managing Director, Jamie Bryant, comments: “The reason for the unchanged cap may be due to the government’s pledge to reduce net migration, but this is at odds with the realities of the situation; until a domestic solution to the skills shortage can be found, UK businesses must be able to rely on overseas workers to fill positions.”

“The government needs to acknowledge this and raise the annual cap on migrant workers accordingly. Until they do, it will only be a matter of time before Britain’s businesses, and therefore its residents, suffer the consequences of understaffing.”

If you have any questions about the SOL and how it may affect your business, contact our team of UK immigration experts for advice.

Six top reasons why UK visa applications get rejected

Every year, thousands of UK visa applications are rejected by the Home Office as a result of mistakes made either by the applicant or their sponsor. Something as seemingly trivial as submitting a photograph in the wrong format can lead to the application being rejected and the process having to be started again.

Has the government made the process deliberately difficult? Possibly. Considering its pledge to reduce net migration, this could indeed be the case, but one thing is for certain – for those responsible for the recruitment and employment of overseas workers in their organisations, the prospect of having a visa application refused should be a major cause for concern.

The application process is far from straightforward, requiring in-depth knowledge of the immigration rules and complicated documentation. For small and medium-sized businesses without their own dedicated immigration teams, the time and subsequent cost involved in securing working visas for employees is significant, and a rejected application can have further serious financial implications.

To help demonstrate the wide range of potential pitfalls, here are some of the most common reasons why UK visa applications are rejected:

1. Problems with Certificate of Sponsorship (CoS)

Employers need to issue a valid Certificate of Sponsorship, or CoS, if they’re to employ an overseas worker legally. Assigning an incorrect or invalid CoS to a prospective employee could lead to the application being rejected or, even if approved, a potential fine of up to £20,000 for the employer, and the loss of their sponsor licence for employing a worker illegally.

2. Failure to carry out Resident Labour Market Test (RLMT)

Before they can hire a Tier 2 visa worker, employers may need to show they were unable to find a suitable worker from within the UK. Failure to meet the requirements of the RLMT may result in the application being rejected or their subsequent removal from the UK if identified during a UKVI compliance visit.

3. Inadequate supporting documentation

Supporting documents with missing or incomplete information or that are incorrectly formatted are a common reason why visa applications are rejected.

4. Incorrect SOC code

Standard Occupational Classification (SOC) codes are used to define the skill and salary level for occupations. Assign the wrong code and the application could be delayed or rejected.

5. Insufficient maintenance funds

The application will be rejected if the applicant can’t show they’ve enough money to support themselves when they arrive in the UK.

6. Mistakes in the application form

Something as simple as an incorrectly typed digit in a contact number can be enough to result in rejection.

As you can tell from this by no means comprehensive list, the ways in which a visa application can fail are many and varied, and the potential penalties can be devastating for a business. To avoid falling into one of these traps, we recommend securing the services of an immigration expert to take care of the application process for you.

At UK Visas, our team of specialists manages over 400 employee visa applications every year. We have the knowledge and experience to ensure applications are correctly prepared and submitted, and provide a full No Win, No Fee guarantee on all PBS visa applications.

So don’t leave it to luck; to arrange a free consultation with our team and learn how we can help your organisation with its immigration process, contact us now

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No Win No Fee Visa Guarantee logo

UK VISAS NO WIN NO FEE PROMISE

We provide a ‘No Win – No Fee’ guarantee for all points-based system visa applications unless expressly stated at the time of appointment. We will guarantee our service for these applications by offering a full refund on our fee should it be unsuccessful.

These guaranteed terms are conditional upon the client being able to demonstrate to the satisfaction of the Home Office that they have earned the income claimed or that they have the necessary funding in place for maintenance or are fully conversant with their business plan in the case of Tier 1 Entrepreneurs.

It also presumes that neither the applicant nor their dependants have previously come under scrutiny or been under investigation by the Home Office for any immigration matter. In order that we can do our job properly the necessary information and details required should be made available and they must genuine as well as accurate.