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New Points Based System

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Important news for United Kingdom companies who may be recruiting migrants workers after Brexit

From 1st January 2021, all EEA nationals will require immigration permission to work in the United Kingdom.

Therefore, United Kingdom companies that wish to employ skilled EEA nationals after 1 January 2021, who do not have immigration permission to work in the United Kingdom will have to sponsor them under Tier 2 of the new points-based system. This involves the company applying for a Sponsor Licence from the Home Office.

Normally, the Home Office will only grant an employer a licence to sponsor migrant workers if:

  • it can show that it has a specific vacancy to fill;
  • that there are no suitably qualified workers available who satisfy the requirements of the role; and
  • the employer has identified a (currently) non-EEA migrant to undertake the position.

However, with the end of the Brexit transition period approaching at the end of the year, the Home Office has relaxed its position and is now saying that if an employer can show that it will be able to offer genuine employment skilled to level RQF 3 (A Level) or above, it can apply for a Sponsor Licence now even if it does not currently have a vacancy which it is looking to fill with a migrant worker.‚Äč

If you need any further advice please feel free to contact us.