Prompted by Brexit, a new points-based immigration system was introduced in the UK in December 2020. The aim was to simplify UK inbound immigration and allow a wider group of skilled workers to come to the UK for work – opening the country up to the ‘brightest and best’ of overseas workers, particularly those working in STEM or tech roles. The new system applies now to all non-UK nationals who want to work in the UK, including EU nationals (except Irish nationals, who have retained their right to work in the UK without restriction under pre-existing laws). Under the new system, and to secure a skilled worker visa, applicants need to score 70 points. Points are totalled based on the job offer received and speaking English, as well as depending on skill level and salary requirements. Points are awarded to said categories but can be traded to offset the total amount. A points-based approach existed under the old system, introduced in 2008 for non-EEA national work and study visas. But as this research briefing from the UK Parliament explains, “visa eligibility was determined by satisfying a set of mandatory criteria, to which a fixed number of symbolic points are attached. This has arguably resulted in a system which is points-based in name only.” In comparison, one of the key features of the new system is the ability to trade points. For example, if the salary for the role is not high enough to meet the standard minimum salary threshold (and accordingly the applicant does not get enough points for salary), the applicant can trade points elsewhere, for example by having a PhD in a STEM subject that is relevant to the role. As such, the new system makes it easier for employers to sponsor people from outside the UK. It is a relatively conventional employer-led system, requiring the points-tested route where the applicant must have a job offer and must do the specific job for which they are sponsored. Gone are the time-consuming (and often artificial) requirements to advertise the vacancy in the UK before it could be offered to a sponsored employee on the previous immigration system. Similarly, the skill and salary levels have The UK's Point-Based Immigration New System, Old Principles? Tom Keya Founder, Soulh 71-75, Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ www.tomkeya.com 38 LAWYERMONTHLY SEPTEMBER 2022 Special Feature Following Brexit, the UK has adopted a new points-based immigration system intended to simplify the process and permit entry for the highest-skilled applicants. Now, 18 months on, the impact of the new system has been measured. Business immigration lawyer Alex Christen of Capital Law examines the new immigration system in this article, weighing its observed benefits with the areas that still require development.
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