Changes to Immigration Rules after Brexit

1. Changes to Immigration Rules after Brexit Thalej Vasishta Paragon Law

2. “Helping entrepreneurs, organisations and individuals to make successful applications to work, live, study and invest in the UK”

3. Session Outline • EU Settlement Scheme • The single skills-based immigration system (the White Paper)

4. Politics and Future Approach • “I stand before you as the first Home Secretary in a generation… that is actually able to define an immigration system, without being constrained by the EU.” • “We shouldn’t brush aside the legitimate concerns that many people – most people – have had about the way immigration has been managed, especially the anxieties of those on low pay or in low skilled jobs.” • “And I say to those EU citizens, who have already made the UK their home… deal or no deal… we want you to stay. We need you to stay. You can stay.” • “A skills-based, single system that is opened up to talent from across the world. A system that doesn’t discriminate between any one region or country. A system based on merit.” • “And above all, that has to mean one thing: an end to freedom of movement.”

6. Settled Status Scheme – What has been agreed? “EU nationals who have made the UK their home can stay” Two New Forms of Immigration Status

7. Settled Status Scheme

8. EU Settlement Scheme • Who needs to apply? • All EU nationals and their family members; including those who hold a residence permit. • Includes citizens of Switzerland, Norway, Iceland and Liechtenstein. • Irish nationals, EU nationals with ILR and EU nationals who are also British citizens do not need to register.

9. EU Settlement Scheme • Is the scheme open for applications? • Initial pilots to test the scheme were introduced 2018. • On 21 January 2019, the scheme opened to European citizens and family members who hold a biometric passport or ID card. Will fully open on 29 March 2019. • Is there a fee? • £65 for people over the age of 16 years. • £32.50 for those under the age of 16 years. • Prime Minister has confirmed the fee will be scrapped.

10. Employers Toolkit

11. EU Settlement Scheme • Points to note as an employer: • Registration on the scheme is voluntary. • EU nationals may continue to work lawfully in the UK without registration. • On 30 June 2021 (or 31 December 2020 if no deal) it will become mandatory to have registered on the scheme to have the right to live and work in the UK. • Therefore whilst it is not an employers duty to ensure that a colleague has registered, employment will become unlawful once the scheme is mandatory. • Employer could face a civil penalty of £20,000.

12. What Steps Employers Need to Take? • Frist step is to review your HR records to know how many colleague need to register. • Send communication and updates on the scheme to all colleagues. • Provide access to the Government website and links with information. • Support EU colleagues and HR colleagues with bespoke training. • Provide support with the application process including access to an android phone and PC.

13. The Immigration White Paper • A new single skills-based system for EU and non-EU citizens. • Meaning EU nationals will also have to satisfy the same criteria of the 5 Tiers of the PBS. • However, certain flexibilities may apply to some nationals in accordance with trade agreements and/or risk analysis basis. • It will be introduced in a phased way between now and the end of the transition period. • The rhetoric of “tens of thousands” net migration target has been replaced by reference to ensuring “sustainable levels” of net migration.

14. The 5 Tiers of the Points Based System • Tier 1 – High Value Immigration • Entrepreneurs, Exceptional Talent, Graduate Entrepreneurs and Investors • Tier 2 – Highly Skilled Migrant workers • Tier 2 (General) and Tier 2 (Intra-Company Transfer) • Tier 3 – This tier has never opened for applications but was originally created for low skilled workers. • Tier 4 – International Students • Tier 5 – Temporary Workers • Government Authorised Schemes, Youth Mobility Scheme, GATS, Creative and Sporting, Voluntary

15. Working During Studies Permitted to work a maximum of 20 hours per week during term time if studying at degree level or above and 10 hours if below degree BUT no self employment. Full time during holidays (48 hours) per week. Full time work placement if the placement makes up 50% or less of the course. The work placement must also be assessed as part of the course. Student immigration permission that extends for up to 4 months beyond the end of studies allows for work without permission during this period.

16. The White Paper on International Students • Masters and Bachelors students will be allowed 6 months of leave after studies. • PhD students will be given an automatic 1 year leave to remain. • Students studying at Bachelors degree level or above will be able to switch to Tier 2 up to 3 months before they finish studies. • And will be allowed to apply for Tier 2 visas up to 2 years after graduation.

17. The Immigration White Paper • End the annual cap on skilled workers • Ending the resident labour market test • Maintain the minimum salary at its current level • Open immigration to intermediate skilled roles (RQF 3 and 6) • Transitional scheme for low-skilled workers, limited to 12 months and limited to nationals of specific countries. To be reviewed in 2025. • Pilot of a new agricultural workers scheme • EU nationals will not be required to obtain visas for short-term (6 months) tourism and business travel, will be subject to the current visitor rules.

18. The Sponsor Licence Regime • Employers who wish to sponsor migrants from outside the EEA as Tier 2 migrants require a sponsor licence. Employers are expected to take on much of the burden of monitoring and ensuring that the Immigration Rules are met. • Web based application procedure (fee to register is £1476 for medium or large sponsors and £536 for small sponsors). • Must demonstrate why a sponsor licence is required. • Must then file specified documents to the UKVI in a prescribed format. • Business may be subject to a pre-registration audit. • Once registered you will then issue a Certificate of Sponsorship to the migrant (£199).

19. Route for Temporary Short-Term Staff • Will allow people to come for 12 months, with a cooling-off period of 12 months. • Meaning – no rights to extend stay, switch status or permanent settlement. • In addition will not be able to bring dependants or access public funds. • Route will be open to citizens of ‘low risk’ countries with which the UK negotiates migration commitments and mobility proposals.

20. Route for Temporary Short-Term Staff • There will be an application fee and criminal record checks. IHS also likely to be applicable. • Will be a transitional arrangement and over time may impose further restrictions or impose numerical caps if necessary or even close the scheme if economic conditions warrant. • In its transitional form workers will be able to move between employers and there will be no specific sponsorship requirement. • Government will commence engagement with businesses and business groups about this scheme. • In 2025 there will be a full review of the scheme and further consultation to see whether the scheme should continue and if so whether it should be more limited than the transitional route.

21. Contact thalejv@paragonlaw.co.uk corporate@paragonlaw.co.uk Briefings / Updates / Advisory / Training / Managing Applications