30 June 2021 will mark six months following the end of the transition period. By that date, any EU citizen and any citizen of Iceland, Liechtenstein, Norway and Switzerland living in the UK and wishing to continue to do so must apply to the EU Settlement Scheme for permission to remain. Those who are successful will be allocated settled or pre-settled status. Differences between these two statuses are set out below.

Anyone who has not applied for settlement before 1 July 2021 will now be in the UK illegally.

After 30 June 2021, anyonewishing to use the NHS or apply for a job may be asked to prove that they are entitled to do so. Entitlement will be conferred by being a British citizen or by having settled or pre-settled status under the EU Settlement Scheme.

Official figures on the number of EU citizens living in the UK are not available but the number is estimated at between 3 million and 3.6 million, while the Home Office reports that, as at December 2019, a little more than 2.7 million EU citizens and family members had applied for settlement.

It has been suggested that the Home Office may by default be issuing pre-settled status, under which applicants can reapply for settled status, to citizens who do not appear to qualify for settled status. EU citizens who have lived in the UK for five years or more are urged not simply to accept pre-settled status.

Contact us free and without obligation for advice or help in applying under the EU settlement scheme.

Summary of Pre-Settled / Settled Status

In February 2020, the Home Secretary unveiled a new visa system. The new system, which is points-based, will become operative on January 1, 2021 and will end free movement to the UK of people from the EU economic bloc.

The new system will apply to would-be migrants from EU and non-EU countries alike. Points will be assigned for specific skills, qualifications, salaries and professions, and only those who amass enough points will be granted visas. This system is already applicable to workers from outside the EU and, with certain modifications, will now also apply to workers from the EU. The crucial change is that there will no longer be an automatic right to enter and live in the UK merely by virtue of being a citizen of another EU country – it will now be necessary to demonstrate the skills and qualifications that the Home Office has defined as needed in the UK.

After 2020, citizens of EU countries who do not have settled or pre-settled status will need to obtain a UK visa. As well as having to pay a very high fee and possibly an immigration skills charge and health surcharge on top, applicants will need to demonstrate:

1. That they have a job offer and possess at least the minimum skills required for the job they have been offered with qualifications at least to the equivalent of the UK A level standard.
2. That they have at least an adequate command of the English language.
3. That they have been offered at least the minimum salary requirement, which has been set by the MAC (Migration Advisory Committee) at £25,600 pounds p.a.

The Global Talent Scheme is a fast-track scheme by which highly-skilled scientists and researchers who are citizens of EU and non-EU countries may obtain a visa and enter the UK without having previously received a job offer.

EU citizens who wish to study in the UK will be able to apply for a student visa under a system that requires them to have an offer from an approved educational institution, to have a sufficient command of English, and to show sufficient financial support.

The agricultural sector in the UK relies on seasonal workers from the EU, and the Seasonal Workers Pilot will be increased from 2,500 to 10,000 places for the 2020 harvest.

Those planning to enter the UK for not more than six months, whether or not they are citizens of the EU, will not require a visa.

Why hire Foreign Workers in the UK?

The UK is suffering from a huge shortage of skills and labour.

As immigration regulations in the UK have been tightened, and with EU citizens soon to be subject to a new points-based immigration system, many businesses are going to face a shortage in their workforce, leaving many UK employers with valid concerns that under the new immigration system foreign labour may be less available. UK companies looking to expand face a major challenge if there are insufficient workers available with the skills to perform the required roles.

Organisations will have to obtain a Employer License if they want to employ foreign workers, including those from EU countries. The UK government introduced the Tier 2 Sponsor Licence system in 2008. For the recruitment of skilled workers from outside of the single market, organisations are required to have a valid Employer License.

UK companies registering for Employer License reached record numbers in the fourth quarter of 2019 according to Home Office data. This number is expected to rise when free movement ends on 1 January, 2021 and the new points-based immigration system begins.

At Temple Gate Solicitors we advise all UK businesses to immediately register for Tier 2 visa sponsorship if they intend to recruit medium and highly-skilled workers from outside the UK after January 2021. By taking the time to ensure that your company has a Employer License now you will be ideally positioned when the need arises to recruit the best talent not only from the UK but from around the world.

Difficulties in Securing a Tier 2 Visa Sponsorship

Organisations which apply now for the sponsor licence are likely to be inexperienced with the UK immigration system.

Every year many Tier 2 sponsor licence applications are rejected because of errors. These include failing to provide the correct documentation and information required, or failing a Home Office site visit – resulting in lost working hours and repeat applications.

Often if the application is refused you will be unable to make another application for a Tier 2 Sponsor Licence for the same company for six months or more.

Temple Gate Solicitor’s team of legal experts can show you how to acquire a Tier 2 Sponsor Licence by meeting all of the Tier 2 Sponsor application conditions the first time.

To Secure a Employer License a Business will need to meet the Following Business Requirements:

1. Your business must be legally operating in the UK. Your business does not need to be a particular size to make an application for a Tier 2 sponsor licence, or have been trading for any specific period of time.
2. Key personnel must be appointed, these need to include:
3. Authorising officer – a competent individual with seniority who operates the Sponsor Licence Management System (SMS)
4. Point of contact – the primary point of contact with UK Visas and Immigration (UKVI)
5. Level 1 user – a person with responsibility for the everyday management of the licence using the SMS
6. Your HR systems must have the functionality to support all sponsorship duties
7. You must demonstrate that your business offers an employment position relevant to Tier 2 skill requirements, these must be genuine positions meeting the minimum salary guidance.

The registration process for the Tier 2 visa can pose difficulties. The employer must perform an online submission to apply, and has to provide original documents or certified copies of documents by post; you must also accept several ongoing responsibilities as a Tier 2 Sponsor.

When your business has secured a Employer License, you will have to assign the potential applicant with a Certificate of Sponsorship (CoS) before they can apply for leave to enter or remain in the United Kingdom. The CoS is confirmation from the employer that they want to employ a Tier 2 visa migrant and that the employee will be paid the salary stated in the CoS.

Often you will also need to complete the Resident Labour Market Test, unless the role is listed on the government shortage occupation list. The Resident Labour Market Test requires employers to demonstrate to UK Visas and Immigration that no “settled worker” can fill the role. Therefore, the employer must usually advertise the job on two independent job recruitment platforms. The Employer must review each job applicant’s details and make a decision about whether the applicant is suitable. Records are required to be kept on why any applicants were rejected.