UK New Points Based Immigration System - further details

[alterhase58]

In case anyone missed this:

Policy paper: UK points-based immigration system: further details statement

[secret.simon]

Guidance: New immigration system: what you need to know

[mshetty]

i am still unclear about how the mandatory need to have a job here with a sponsor part will work out at all.. - any pointers on this ?

[CR001]

i am still unclear about how the mandatory need to have a job here with a sponsor part will work out at all.. - any pointers on this ?

You need a job with a licensed sponsoring employer before you can get a CoS and a visa.

[mshetty]

Yes but does that mean uk job market is now open to everyone across the globe - or does it mean a job is first given to uk locals and then others can apply.

[CR001]

Yes but does that mean uk job market is now open to everyone across the globe - or does it mean a job is first given to uk locals and then others can apply.

Yes open to all, if you have a job with a licensed sponsor and meet all the requirements. Important to note that just because a visa route is open to everyone, it does not mean everyone will be successful in getting a visa.

[sanki59]

Dear CR001/ All, I have one question. I have tier 2 general visa already, and i'm working with mnc company in London since last 2 years. I got 5 years visa. My question is: Can i change company in Jan 2021? once new rules will apply? or not?

Thanks in advance. Regards, Sanki

[mrfaizankhan]

Looking for the response as well, i guess the most important question for all of us who are under tier 2. Either we can switch from Jan 2021 or not.

[alterhase58]

Looking for the response as well, i guess the most important question for all of us who are under tier 2. Either we can switch from Jan 2021 or not.

Perhaps para 53 in the guidance gives a clue - you can change employer, etc, once Tier 2 closes and you must make an application under the Skilled Worker route, so not automatic option:

"53. Those who enter the Skilled Worker route will need to make a new application if they (a) change employer; (b) change jobs (to another SOC code); or (c) need to extend their stay. Existing Tier 2 (General) migrants who need to do any of the above will also need to make such an application under the Skilled Worker route once the Tier 2 (General) route closes. The points table will apply to these further applications."

[alterhase58]

Information for Employers:
https://www.gov.uk/government/publicati ... nformation
https://www.gov.uk/uk-visa-sponsorship-employers

Email from the Home Office:
In July, the government published further details on the UK’s new points-based immigration system which will take effect from 1 January 2021, once freedom of movement with the EU has ended.
To help you prepare, we have published an updated introductory guide to the system for employers. This provides an overview of the new system and explains how employers are affected. It is important to know:
• From 1 January 2021, if you want to recruit anyone from outside the UK you must be a Home Office licensed sponsor. This includes hiring people from the EU.
• As a sponsor, you will be able to recruit skilled workers from anywhere in the world. Only people who meet the job and salary requirements will be eligible.
• If your organisation is not already a licensed sponsor and you think you will want to sponsor eligible skilled workers from 1 January 2021, you should apply now.
We have also produced two animations to help employers understand key elements of the system which you can share with your networks.
We will continue to keep you updated and provide further materials and guidance over the coming months.

[mrfaizankhan]

Thank you @alterhase58 for the response.

I think if we are already working with the employer so it means we already have the sponsorship from the employer and we will only be requiring a letter from that employer in Jan 2021 that we are working with them, secondly when we will be applying for the new visa which is starting from Jan 2021, after obtaining that we will be able to switch on a new job. Correct me if i am wrong.

I think the previous time spent in the UK for example if i am in UK since more than 1 year so when i will be applying for this 2021 new visa the remaining period will be 4 years to get the British passport rather than starting from year 1 again and spend 5 years again as a new visa. Correct me if i am wrong.

Regards.

Looking for the response as well, i guess the most important question for all of us who are under tier 2. Either we can switch from Jan 2021 or not.

Perhaps para 53 in the guidance gives a clue - you can change employer, etc, once Tier 2 closes and you must make an application under the Skilled Worker route, so not automatic option:

"53. Those who enter the Skilled Worker route will need to make a new application if they (a) change employer; (b) change jobs (to another SOC code); or (c) need to extend their stay. Existing Tier 2 (General) migrants who need to do any of the above will also need to make such an application under the Skilled Worker route once the Tier 2 (General) route closes. The points table will apply to these further applications."

[alterhase58]

I think if we are already working with the employer so it means we already have the sponsorship from the employer and we will only be requiring a letter from that employer in Jan 2021 that we are working with them, secondly when we will be applying for the new visa which is starting from Jan 2021, after obtaining that we will be able to switch on a new job. Correct me if i am wrong.

Not an expert in visa questions - it seems though in cases (a), (b) or (c) listed in para 53 of the guidance you will have to apply under the new Skilled Worker scheme - not sure what the employer letter is for.

I think the previous time spent in the UK for example if i am in UK since more than 1 year so when i will be applying for this 2021 new visa the remaining period will be 4 years to get the British passport rather than starting from year 1 again and spend 5 years again as a new visa. Correct me if i am wrong.

For naturalisation you need to hold ILR for 12 months before application, unless married to a British spouse.
You apply for a British passport once you are a British citizen. Suggest you follow the forum https://www.immigrationboards.com/british-citizenship/.

[mrfaizankhan]

thank you @alterhase58

I think if we are already working with the employer so it means we already have the sponsorship from the employer and we will only be requiring a letter from that employer in Jan 2021 that we are working with them, secondly when we will be applying for the new visa which is starting from Jan 2021, after obtaining that we will be able to switch on a new job. Correct me if i am wrong.

Not an expert in visa questions - it seems though in cases (a), (b) or (c) listed in para 53 of the guidance you will have to apply under the new Skilled Worker scheme - not sure what the employer letter is for.

I think the previous time spent in the UK for example if i am in UK since more than 1 year so when i will be applying for this 2021 new visa the remaining period will be 4 years to get the British passport rather than starting from year 1 again and spend 5 years again as a new visa. Correct me if i am wrong.

For naturalisation you need to hold ILR for 12 months before application, unless married to a British spouse.
You apply for a British passport once you are a British citizen. Suggest you follow the forum https://www.immigrationboards.com/british-citizenship/.

[alterhase58]

Communication from the Home Office:

Thursday 10 September 2020

Dear xxx,
Earlier this year, the Government set out plans for the UK's new points-based immigration system, which will come into force on 1 January 2021. It will be a fair system, that treats people from all parts of the world equally.
https://www.gov.uk/government/publicati ... nformation

Today, Thursday 10 September, the Government has laid Immigration Rules in Parliament and announced that the UK's new and improved Student and Child Student routes, which are part of the UK's new points-based immigration system, will open for applications on 5 October. These routes will replace and improve upon the existing Tier 4 (General) and Tier 4 (Child) student routes.

From 5 October, all prospective international students, including those from Europe coming to study in the UK after the end of the transition period, will need to apply through the Student route before coming to UK. Further guidance for EEA students can be found on GOV.UK
https://www.gov.uk/government/publicati ... nformation

EEA students resident in the UK on or before 31 December 2020 do not need to apply through the route. They, and their family, are eligible to apply for the EU Settlement Scheme and have until 30 June 2021 to do so. More information on the EU Settlement Scheme can be found here.
https://www.gov.uk/settled-status-eu-citizens-families

The launch of the Graduate route in Summer 2021, will also make it easier for the best international graduates to secure skilled jobs in the UK. The Graduate route will allow international students who have completed undergraduate and master’s degrees in the UK to stay for two years and those who have completed a PhD to stay for three years.

Kind regards,
Home Office Communications

[alterhase58]

The way you hire from the EU is changing

Home Office Info start:

Today, the Home Office has launched a new campaign to help employers prepare for the introduction of the UK’s new points-based immigration system.
https://pbisemployers.campaign.gov.uk/

Free movement is ending, and the new system will introduce job, salary and language requirements that will change the way you hire from the EU.

From 1 January 2021, you will need to be a licensed sponsor to hire eligible people from outside the UK. Becoming a sponsor normally takes eight weeks and fees apply.
https://assets.publishing.service.gov.u ... ponsor.pdf

As a licensed sponsor, you will be able to recruit skilled workers from anywhere in the world, provided they meet certain eligibility requirements.
You can find further information, including full details of the sponsorship process on GOV.UK.
www.gov.uk/guidance/recruiting-people-f ... nuary-2021

We will continue to provide further materials and guidance over the coming months ahead of the system’s launch.

Home Office Info end.

[alterhase58]

Monday 5 October

Dear xxx,

Today, 5 October, the Student Route and Child Student Route both opened for applications under the Government's new points-based immigration system. www.gov.uk/government/publications/uk-p ... -statement . These routes improve on the previous Tier 4 routes, making for a more streamlined experience for both sponsoring institutions and students.

From today, all prospective international students coming to study in the UK on or after 1 January 2021, including those from the EU, EEA and Switzerland, will need to apply for a Student visa and receive a decision, before they arrive. This includes those who begin their course remotely in autumn 2020. Applications can be made online at GOV.UK www.gov.uk/student-visa and students can apply up to six months before their course starts.

EU, EEA and Swiss students resident in the UK by 31 December 2020 should not apply for a Student visa through the new points-based immigration system. They, and their family members are eligible to apply to the EU Settlement Scheme. Those resident here by 31 December 2020 have until 30 June 2021 to do so. More information on the EU Settlement Scheme can be found here www.gov.uk/settled-status-eu-citizens-families.

We appreciate this is a big change for EU, EEA and Swiss students and have therefore created tailored guidance www.gov.uk/government/publications/uk-p ... nformation to explain these changes in more detail.

Kind regards,
Home Office Communications

[vinny]

A very short introduction to the new Points Based Immigration System