Boris to review earning thresholds for migrant workers

While one of the current government’s selling points has been its pledge to crack down on immigration and to reduce the overall number of people coming to the UK, it has chosen to review the income threshold of 30K which prospective workers would have to meet in order to enter the UK. Let’s explore what this means in practice:

What’s the current system?

The current system for non-EU workers to come to the UK to work requires applicants to meet several stringent conditions. Applicants must currently meet an income threshold, although this varies based on the vocation, as well as the age and experience of the applicant. Applicants must also demonstrate a good knowledge of English.

Companies hoping to employ migrant workers from outside of the EEA also have to prove that they have not been able to find anyone within the UK or the EEA capable of doing the job unless the job is on the shortage occupation list. There is also a cap on the number of workers who can enter if they are not filling a position in a shortage occupation.

What’s Boris proposing?

Boris wants to replace the current system with a more holistic points-based system under which income would be taken into account alongside English ability, occupation, and qualification.  Each contributing factor would be assigned points, and the point total used to decide on whether the person would be a benefit to the UK.

What will change?

Critics of the current system argue that the income cap severely restricts the ability of industries which employ workers who are skilled but not particularly well-paid to fill positions. This includes the NHS, farm-workers and other industries which currently rely on EU workers to do low paid but skilled or crucial work.

Boris has pledged to cut ‘unskilled’ immigration but has not set out exactly who he will class as an ‘unskilled’ worker. This raises concern over the ability of organisations reliant on EU labour, such as care homes, to recruit enough staff, should their staff not be considered ‘skilled’ workers.

Hopefully, the removal of the wage cap will make the UK more appealing to skilled workers in low-paying industries to contribute to the UK economy, as well as mitigating some of the potential labour shortages as a result of Brexit.

What does this mean for me?

If you are a migrant worker or a company hoping to employ migrant workers and you want to find out more about how this might affect you, the team at UK visas can help.

Contact us now to arrange a free consultation and find out how we can support you.

Return of Post-Study Work Visas

The government has announced that they intend to re-introduce Post-study work visas for UK graduates .

International students will be allowed to stay in the UK for two years after graduating, reviving the Tier 1 (Post-study) visa that was shelved by the Home Office back in 2012.  Almost 400,000 Tier 1 PSW visas were granted in each of the five years between 2008 and 2012.

Effective from the 2020/21 university intake, those who enrol on undergraduate, postgraduate or PhD courses in the UK will be able to stay in the country to work or look for work for two years after they graduate.

However, unlike the route which closed in 2012, this new route will also include safeguards to ensure only genuine, credible students are eligible.  Previously the post-study route allowed students to find any job, regardless of the skills required.

This announcement follows the creation of a new fast-track visa route for scientists and the removal of the limit on PHD students moving into the skilled work visa route, which collectively aim to cement the UK as a science superpower and a world-leader in the STEM (Science, Technology, Engineering and Mathematics) sector.

There are over 450,000 foreign students in the UK, generating £20 billion per year through education exports, and research shows that they tend to earn considerably more than their UK counterparts once they leave university.

However, the four months “extra time” currently granted to Tier 4 students forces many to leave the UK as they do not have sufficient time or cannot demand a high enough salary to qualify for a sponsored Tier 2 work visa.

Changes to the shortage occupations list

 

There has been a radical shake up of the shortage occupation list.

 

the UKVI recently announced a radical revision of the Shortage Occupation List which defines roles that employers can offer to migrants without first checking local labour availability. 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.

A full list of jobs on the shortage occupation list can be found in Appendix K of the Tier 2 immigration rules here: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list

 

Examples most relevant to our client base include:

  • Physical scientists in the oil and gas industry
  • Civil engineers
  • Mechanical engineers
  • Electrical and electronics engineers
  • Design and development engineers
  • Production and process engineers
  • IT business analysts and systems designers
  • Programmers, software developers and web designers
  • Medical practitioners and radiographers
  • Veterinarians
  • Nurses
  • Architects and quantity surveyors

New “Australian style” immigration policy

There is actually nothing new about the UK adopting an Australian style points-based system – we have this already.

 

The UK introduced the PBS (points-based system) in November 2008, with five tiers:  Tier 1 for highly skilled migrants, who were allowed to be self-employed or work for any business; Tier 2 for skilled migrants who had to be sponsored by their employer so needed a Certificate of Sponsorship; Tier 3 for lower managerial and blue collar/agricultural workers (this has never been opened up); Tier 5 for temporary workers and, finally, Tier 4 for students.

 

Steadily over the intervening 12 years or so, rules and conditions have been tightened up to the point that now Tier 1 is limited to a few exceptionally talented, or rich, individuals, whilst Tier 2, the arena in which we work together with you, the businesses that power this country, is restricted to highly skilled workers who, apart from a few exceptions, have to earn at least £30,000 p.a and are restricted in numbers from entering the UK.

 

There are a couple of recent changes which suggest there may be light at the end of the tunnel: nurses and doctors are excluded from the 20,000 annual cap and the list of shortage occupations has been increased significantly so reducing the number of resident labour market tests that need to be carried out and speeding entry for those candidates.

With the publishing of the MAC report today it is good to see that the new “Australian style” PBS Tier 2 (General) is envisaged to apply to both EEA and non-EEA citizens and to be expanded to medium-skill jobs with the cap and Resident Labour Market Test abolished and a simplified process introduced. It is proposed that the minimum salary levels will fall in line with this to £25,600 for experienced workers and £17,920 for new entrants.

 

 

 

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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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.