Good news for foreign lawyers in the UK’s brave new points-based immigration announcement
By David von Dadelszen, Jameson Legal
The UK left the EU on 31 January 2020 and is currently in a “transition period” due to end 31 December 2020.
As earlier signalled, the UK Government has followed the Migration Advisory Committee advisory report and laid out plans for post-Brexit immigration whereby EU and non-EU citizens will be treated equally.
The “points-based” scheme (no mention of the oft-trumpeted “Australian-points-based scheme” in the announcement) will require that 70 points are achieved from “Characteristics” including an offer of a job by an approved sponsor, modest level of salary (the top level which receives the maximum number of points is ￡25,600), speaking English at a required level, job in a shortage occupation (to be designated, but most likely to include teachers and nurses), and PhD in a subject relevant to the job (STEM subjects get double points in this category).
Under the scheme, it will be non-negotiable that prospective immigrants speak English, and have the offer of a job “at an appropriate skill level” with an approved sponsor. These three items alone make up 50 points and the remaining 20 can be gained from reaching an approved salary level, the job being in an aforementioned shortage occupation, or a PhD. The new scheme sounds very similar to the discontinued old scheme, or “Highly Skilled Migrant Programme”.
The changes look likely to benefit lawyers from New Zealand, Canada, and Australia who will reach the 70 point threshold assuming they have a job offer by virtue of speaking English and earning over ￡25,600. There is also talk of a broader “unsponsored” route to allow a smaller number of the most highly skilled workers to come to the UK without a job offer.
The Government’s announcement makes no mention of the current Tier 5 (Youth Mobility Scheme) which allows for living and working in the UK for two years, but one can surmise that if this remains in place, visa holders would be able to secure a role and transition to the new scheme to remain longer than two years.
There’s just enough uncertainty in the announcement to ensure there will be plenty of inconsistencies and unintended consequences, and while it’s hard to believe the implementation of regulation in a post Brexit UK could be anything less than comprehensively thought-through, we live in interesting times.
The Government’s announcement makes no mention of where the UK will find “low-skilled” workers in hospitality, transportation or agriculture, but for the time being prospects of remaining in the UK longer look a little brighter for foreign lawyers at least.
David von Dadelszen is a kiwi ex-lawyer who has been working in legal recruitment in London for over 13 years. He has particular expertise in helping lawyers from New Zealand and Australia find their way (not just in London, but in Asia and the Gulf as well). David also runs a “Kiwi lawyers around the world” LinkedIn Group.