UK Immigration in 2020
This article takes a brief look back at the key issues from last year, and what we have to look forward to in 2020! It was a year of political change, but we ended the year with a clearer idea of where things might go. As ever, if you have any questions regarding this article, please get in touch.
Brexit
Following the Conservative majority in the general election, the UK is now due to leave the EU on 31 January 2020 and a transition period will begin. There is a small possibility that the deal will not go through as expected in which case things may well change again! The transition period currently runs to 31 December 2020, and although it could be extended, the Prime Minister has announced his intention that it won’t. This does concern me – we may get ‘rushed’ legislation, and when this has happened in the past, we see the Home office having to issue changes, amendments and updates on a frequent basis. This leads to many rule changes and confusion for us all as the new system settles down.
Until the end of the transition period, EU and EEA nationals are free to come to the UK to live and work. Freedom of movement comes to an end at the end of the transition stage. Those EU and EEA nationals who are resident in the UK will need to use the EU Settlement Scheme (EUSS). The scheme has already received over 2.5 million applications, however, well over a million EU citizens are yet to apply and the Government have set a deadline of 30 June 2021.
The European Temporary Leave to Remain scheme was published in 2019 – this was to cater for those arriving after Brexit, but during the transition period, in the event of no-deal. It now seems unlikely that this scheme will be needed.
Outlook for 2020? Given the complexity of leaving the EU, the need for new legislation and the tight deadline to draft, get through Parliament and implement, it is highly likely we will see more change throughout 2020.
Tier 2 – sponsored workers
The latter part of 2019 saw several tweaks to the Tier 2 rules - for once this was welcome news! There was a significant expansion of jobs on the shortage occupation list (making sponsorship of workers in those occupations easier/less costly for employers).
2020 may be a quiet time for Tier 2 but with an anticipated new scheme coming after the end of a transition period, and with Government advocating a new points based system, Tier 2 is likely to be reviewed with any necessary changes coming in 2021.
What would I like to see? Changes to the resident labour market test (RLMT). I don’t think it is a good test of need; it is too prescriptive and doesn’t really allow for the use of recruitment through social media channels. I think it has had its day – that said, I don’t know what could replace it.
Home Office Modernisation
The Home Office have invested heavily in modernisation, particularly with advances in online applications.
The EUSS app is now available across all platforms, including for Apple and Android devices. Although not without difficulties at times, the ease of use of the app and online form (including checking certain data with HMRC and DWP in real-time) makes for a much smoother process. This is the first time such technology has been used in UK immigration application processes and, given its relative success, is likely to be the future for other application types.
Nationals of seven countries (Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA) can now use e-gates at several UK airports, enabling entry without being seen by an Immigration Officer. Whilst this enhances convenience for some travellers, it also increases the risk of travellers unwittingly entering under the wrong category (which may also result in a breach of their immigration conditions). It also creates problems for employers, landlords and others who need to make immigration status checks.
Right to work checking guidance had a minor change in January 2019 – this removed the word “full” from the birth certificate requirement, meaning employers can now accept the short birth certificate along with proof of NI as an acceptable combination. They also enhanced their offering to employers and landlords, including the ability to verify status for EU nationals and the ability to rely on checks from the BRP checker as proof that a right to work check has been conducted.
New immigration schemes from 2021
The Government’s main proposal, the introduction of an Australian style points-based system, so far appears remarkably similar to the current system. Details are currently scant but the three “new” categories: exceptional talent; skilled workers with a job offer and temporary workers are all already catered for. As mentioned above, there may be changes to these schemes as they are reviewed, but it looks like they will continue into 2021.
With the new system due to launch in January 2021, we really hope that draft proposal will be announced early this year. They will in part depend on the recommendations of the Migration Advisory Committee who were asked to report on salary thresholds for sponsored workers and the application of a points-based immigration systems by the end of January.
In addition, the Government has announced some new categories. It will launch a “Global Talent Visa” for STEM professionals and an “NHS visa” for medical staff. The post-study work category will return, enabling students graduating from summer 2021 to apply to stay in the UK for two years to seek employment and switch into another category.
Home Office and other application related fees
Application fees typically exceed ￡1,000 per applicant and are accompanied by other substantial charges such as the Immigration Health Surcharge, biometric appointment fees and fees for fast track processing. These fees increased during 2019, and the trend seems set to continue in 2020 with the HIS set to rise from ￡400 per person per year to ￡625 (and as recently as 2018 it was just ￡200!) The cost of sponsoring a migrant has risen dramatically over the years and there is much discussion as to whether the real control of migration is the financial burden.
In summary
2020 will bring more change across the range of immigration work. This will impact individual applicants; employers; education providers; landlords and others who are expected to play a part in maintaining immigration control. Keeping up to date will be a key activity – we will do our best to publish timely, accurate and relevant material, but the usual caveat applies – check the rules as and when you need to. For more help and advice we are always available (albeit very busy at the moment).
You may also be interested in the BBC’s recent briefing on immigration – a great summary of the current landscape (and only one inaccuracy – email me if you spot it!): https://news.files.bbci.co.uk/include/newsspec/pdfs/bbc-briefing-immigration-newsspec-26148-v1.pdf
Wishing you all a healthy, happy 2020. And, of course, a immigration problem year!
The team at TWO