Lucia is an Italian national who's thinking of applying for an IT Business Analyst role. The start date will be in 2021 and she knows there's a new immigration route for skilled workers - she's contacted the University asking if she can apply. The role is ongoing, and the salary range is advertised as grade 7 (£33,797-£40,322).
What's the main consideration from a right to work in the UK perspective?
To gain the required 20 tradeable points based on salary alone, Lucia would need to be paid at least the higher of £25,600 and the going rate for the job (which would be included under "IT business analysts, architects and systems designers") would be £36,600 based on a 39 hour week, which we can pro-rate down to £35,193 for a 37.5 hour week). If the salary offered was at the bottom of grade 7, it wouldn't be enough to earn the required 20 points for a Skilled Worker Visa.
Does that mean we can't appoint Lucia?
Not necessarily; depending on Lucia's circumstances, she may be eligible for a salary concession.
Firstly, does she qualify as a New Entrant to the UK labour market? We need to ask the following questions:
1. Will the contract be for more than 4 years? Yes - this automatically disqualifies Lucia from being a New Entrant.
There are two other possible salary concessions: a job in a shortage occupation or a PhD which is relevant to the job.
IT Business Analyst is in a shortage occupation, so we can reduce the going rate for the job by 20% - the minimum salary we need to pay Lucia is now £28,154. So we would be able to sponsor Lucia for a Skilled Worker Visa if she was the successful candidate.
Skilled Worker Visa
To qualify for a Skilled Worker Visa, a job/applicant must accrue 70 points from a number of criteria. The first 50 points are from mandatory criteria:
- a job offer at an appropriate level from an approved sponsor
- proof of knowledge of English to an appropriate standard
The remaining 20 points must be accrued through 'tradeable' criteria:
- salary level (0 - 20 points depending on amount, plus one of the following if required):
- eligibility as a New Entrant to the labour market
- a job in a shortage occupation
- a PhD which is relevant to the job
Right to work
Right to work requirements for EEA/Swiss nationals will not change until 1 July 2021, despite the requirement for those who move to the UK on or after 1 January 2021 to have a work visa.
To support the University in its responsibility to help prevent illegal working, we have added questions to our right to work compliance statement for January-June 2021 which should allow us to establish what kind of right to work evidence is needed. EEA/Swiss nationals who move to the UK on or after 1 January 2021 can prove their right to work via an online portal.
Follow-up right to work checks are required whenever permission to stay expires.