Supporting international staff - immigration from 2021

The UK's immigration system is changing in two ways from 1 January 2021: free movement with the EU will end, and a new visa system for skilled workers will be introduced.

On the following pages, we'll try to explain how these changes will affect both new and existing staff so that you're better equipped to support them. We'll use a mix of case studies and details of the Immigration Rules.

You can browse through the pages by clicking "Next" below, or click on one of the following links:

These pages are a work in progress - we'll be adding scenarios and circumstances as we come across them. If you have a particular scenario or set of circumstances which aren't covered here, please contact your local HR hub.

Definitions

The terms below are used in these pages.

General

Common Travel Area: a long-standing arrangement between the UK, the Crown Dependencies (Bailiwick of Jersey, Bailiwick of Guernsey and the Isle of Man) and Ireland that pre-dates both British and Irish membership of the EU and is not dependent on it. Under the CTA, British and Irish citizens can move freely and reside in either jurisdiction and enjoy associated rights and privileges, including the right to work, study and vote in certain elections, as well as to access social welfare benefits and health services.

EU Settlement Scheme

Close family member: husband/wife/civil partner, unmarried partner (having lived together for 2 years by 31 December 2020), parent/grandparent, child/grandchild under the age of 21 or dependent child over the age of 21 (ie who can't meet their basic needs without a parent's financial support or care, eg if they're in full-time education, disabled or ill).

Continuous residence: not being absent from the UK for more than 6 months in any 12 month period (can be a single period, or multiple absences), apart from in specific circumstances.

EEA: The European Economic Area, which comprises Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden. 

EEA family permit: granted to non-EEA/Swiss close or extended family members (see definitions) of EEA/Swiss nationals. Valid for 6 months to allow them to enter the UK. If their EEA/Swiss family member is resident in the UK before 31 December 2020, they can apply to the EU Settlement Scheme to extend their permission to stay.  Otherwise, they'll need to apply for a visa. 

EU Settlement Scheme family permit: granted to non-EEA/Swiss close family members (see definition) of EEA/Swiss nationals who already have pre-settled or settled status (see definitions). Also for non-EEA/Swiss close family members (see definition) of Irish nationals. Valid for 6 months to allow them to enter the UK, after which they can apply to the EU Settlement Scheme to extend their permission to stay.  

Extended family member: brother/sister, aunt/uncle, nephew/niece, cousin or child over the age of 21 who's not dependent on a parent.

Pre-settled status: aka limited leave to remain. Granted for 5 years to those who, at the point of application, have been resident in the UK for less than 5 years. At any time between reaching 5 years residence and the end date of the pre-settled status, the individual can apply for settled status (see below).  Absence from the UK for more than 6 months at a time will 're-set the clock' on building up 5 years residence for settled status applications. Status can be lost altogether after 2 continuous years absence from the UK. 

Settled status: aka indefinite leave to remain. Granted to those who, at the point of application, have been in the UK for 5 years or more. Status can be lost after 5 continuous years absence from the UK. 

Skilled Worker Visa

Immigration Skills Charge: This fee is payable by all employers when they sponsor a migrant under the Skilled Worker Visa ("SWV") route. The cost is £364 for the first year of the visa, plus £182 for each 6 months or part thereof. There are two exemptions:

  1. If the person we sponsor is switching from a Tier 4/Student visa in the UK
  2. All employees in research and teaching roles 
Non-visa nationals: nationals of EEA countries, Australia, Canada, Japan, New Zealand, Singapore, South Korea, Switzerland and the USA. This term can be misleading - individuals from these countries do require permission to be in the UK but, unlike the rest of the world, can in some cases request entry at the border rather than in advance.  However, if they are to be employed in the UK, they must have a work visa before entering the country.

The 'headlines'

There are some basic principles around the end of free movement and introduction of the new Skilled Worker Visa. You can download this information at the bottom of this page.

A note on citizens of the Republic of Ireland

Though Ireland is part of the EEA (see Definitions), changes to freedom of movement and the UK immigration system will not affect Irish nationals who will be able to continue to live, work, study etc in the UK as they can currently. Their rights are covered by the Common Travel Area (see Definitions).

Throughout these pages, references to "EEA/Swiss nationals" does not include those from the Republic of Ireland.

Important: though Irish nationals do not need to apply to the EU Settlement Scheme ("EUSS"), their non-EEA/Swiss family members will need to apply.

EEA/Swiss nationals

Most EEA/Swiss nationals, and their non-EEA/Swiss family members, who are resident in the UK before 31 December 2020 can apply to the EUSS. The following can apply (for example if they need physical evidence of their status) but do not need to:

  • Irish nationals; and
  • anyone who has indefinite leave to enter or indefinite leave to remain in the UK and/or moved to the UK before we joined the EU in 1973

The deadline is 30 June 2021 and eligible people must apply, even if they have a Permanent Residence card, to secure their status and retain access to benefits and public services like the NHS from 1 July 2021.

Non-EEA/Swiss 'close family' members (see Definitions) can join their EEA/Swiss family member after 31 December 2020, as long as the relationship existed before that date.

EEA/Swiss nationals who arrive in the UK from 1 January 2021 are not eligible to apply to the EUSS, nor will their family members be.

Though EEA/Swiss nationals will be able to enter the UK using their passport or national ID card until 30 June 2021, this will not give them the right to work in UK. They will have Visitor status only, and will need to leave after 6 months.

To be able to work in the UK, they will need a visa. For the University’s purposes, this is likely to be a Skilled Worker Visa (“SWV”).

Skilled Worker Visa 

SWV replaced Tier 2 (General) as the immigration route for skilled workers coming to the UK to start work from 1 January 2021.

Existing Tier 2 visa holders will not need to do anything until their current permission is due to expire, at which point they may apply to extend their permission under the SWV route.

SWV is a points-based system; an applicant/job will be eligible if they achieve 70 points from a number of criteria:

  • 50 points are mandatory and are gained from a job offer at an appropriate skill level from an approved sponsor, and proof of knowledge of English
  • 20 points can be gained for a salary of the higher of £25,600 and the ‘going rate’ for a job
  • If salary is not sufficient to gain 20 points, these can be made up through salary concessions – ‘tradeable’ options are being a new entrant to the labour market and, for certain jobs, having a relevant PhD or the job being in a shortage occupation.

Importantly for us:

  • All research roles at grade 7 and above are eligible for Skilled Worker Visa sponsorship without needing to take advantage of any salary concessions.
  • The ‘going rate’ for teaching roles is considerably higher so salary concessions may be required.
  • There are many more sponsorable roles under SWV than under Tier 2. These include many Professional Services positions, such as managers and IT workers.
  • The absolute minimum salary for Skilled Worker Visa sponsorship is £20,480. This cannot be pro-rated or reduced by a salary concession.

Existing Swiss employee, UK resident for 7 years

Lena is a Swiss national who’s been living in the UK for 7 years. She started work at the University as a grade 3 administrator 2 years ago. Until then, she'd been caring for an elderly parent.

What does Lena need to consider?

Lena was resident in the UK before 31 December 2020 and, even though she already had a Permanent Residence document, she has already applied to the EU Settlement Scheme. 

She was granted settled status, having been here for 5 years or more. Lena proved her residence by providing her National Insurance Number, but this only showed 2 years of taxpayer status. However, because the grant of permission depends on residence not economic activity, Lena was able to provide alternative forms of proof.

Until 30 June 2021, Lena can travel in and out of the UK, and access benefits and public services like the NHS, using her passport or national ID card. However, from 1 July 2021 she'll need to show she has settled status.

What do we need to consider?

Lena can continue to work for the University in her current role.

We accepted Lena’s passport as proof of her right to work when she started with us, and we therefore don’t need any further check on her right to work status.

What if...

...Lena needs to leave the UK for an extended period?

Lena has settled status, so can be absent from the UK for up to 4 years without losing the status. If Lena was from an EEA country, she could be absent for up to 5 years.

...Lena leaves the University’s employment, and comes back to work for us later?

Until 30 June 2021, we’d just need a fresh copy of Lena’s passport. However, after that date we’d need to see evidence of her settled status.

...Lena starts a relationship in 2021 with someone from Russia who wants to settle in the UK with her?

If Lena and her partner got married, or entered into a civil partnership, her spouse would be able to join her, and apply to the EU Settlement Scheme, at any time until 31 December 2025 even though the relationship didn't exist before Brexit. This is specific to Swiss nationals - if Lena was from an EEA country, the relationship would need to have begun before 31 December 2020. 

Relevant rules

EU Settlement Scheme for EEA/Swiss nationals and their family members

Most EEA/Swiss nationals who live in the UK by the end of 2020, and their family members who are here with permission which is based on their relationship to the EEA/Swiss national, must apply to the EU Settlement Scheme by 30 June 2021. See Headlines for more detail.

Right to work

EEA/Swiss nationals who are resident in the UK on or before 31 December 2020 can prove their right to work in the UK with their passport or national ID card - this will not change until 1 July 2021, at which point all new EEA/Swiss staff must have evidence of either a visa or pre-settled/settled status under the EU settlement scheme. 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.

We do not need to retrospectively check right to work for existing staff.

New EEA employee, UK resident from December 2020

Nils is Norwegian and has just started a new job at the University as a grade 7 project manager. He moved to the UK at the start of December 2020. His wife, Marianne, is French and has stayed in Norway to work her notice period. She plans to join Nils in February 2021.

What does Nils need to consider?

Nils is resident in the UK before 31 December 2020, and is therefore eligible to apply to the EU Settlement Scheme. It’s free to apply, and he has until 30 June 2021 to do so.

He'll be granted pre-settled status, having been here for less than 5 years.

Marianne will be able to join him at any time up to 31 December 2025 because the relationship began before 31 December 2020, and as long as they are still together. She'll be eligible to apply to the EU Settlement Scheme when she arrives, even though it's after 31 December 2020.

Until 30 June 2021, they can both travel in and out of the UK using a passport or national ID card.

From 1 July 2021, they will need to have applied to the EU Settlement Scheme to re-enter the UK and access benefits and public services like the NHS.

What do we need to consider?

Nils can start his job.

Because he's resident in the UK before 31 December 2020, we can accept his passport or national ID card as proof of right to work, and we won’t need any further check.

What if...

...Nils loses his job?

Losing his job won't affect Nils' status under the EU Settlement Scheme. It's based on residence, not economic activity.

...Nils and Marianne have children after they've applied to the EU Settlement Scheme?

Any children born before Nils and/or Marianne are granted settled status will be eligible for pre-settled status (they'll need to apply on the child's behalf). Children born in the UK after one or both parents are granted settled status will automatically be British citizens.

Relevant rules

EU Settlement Scheme for EEA/Swiss nationals and their family members

Most EEA/Swiss nationals who live in the UK by the end of 2020, and their family members who are here with permission which is based on their relationship to the EEA/Swiss national, must apply to the EU Settlement Scheme by 30 June 2021. See Headlines for more information.

'Close family' members (see Definitions) are able to join EEA/Swiss nationals after the end of 2020 as long as the relationship began before 31 December 2020 and is ongoing when the family member applies (note: for Swiss nationals, a relationship with a spouse/civil partner can have started at any time up to 31 December 2025, and must be ongoing when the family member applies).

Right to work

EEA/Swiss nationals who are resident in the UK on or before 31 December 2020 can prove their right to work in the UK with their passport or national ID card - this will not change until 1 July 2021, at which point all new EEA/Swiss staff must have evidence of either a visa or pre-settled/settled status under the EU settlement scheme. 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.

We do not need to retrospectively check right to work for existing staff. 

New employee, non-EEA/Swiss family member of an EEA national

Mark is a Canadian citizen who’s in a civil partnership with Jan, an Austrian citizen. Mark moved to the UK with Jan in November 2020, on an EEA family permit (see Definitions), and started work at the University in December 2020 as a grade 7 research fellow.

What does Mark need to consider?

Mark’s EEA family permit will be valid until May 2021.

He and Jan are resident in the UK before 31 December 2020 and they’re both therefore eligible to apply to the EU Settlement Scheme.

The deadline to apply is 30 June 2021, although Mark will need to apply before his EEA family permit expires. It’s free to apply.

Mark will be granted pre-settled status, having been in the UK for less than 5 years.

What do we need to consider?

Mark can start work on the basis of his EEA family permit.

Once he has pre-settled status, he’ll need to provide us with a share code from his online portal so we can check his right to work continues.

What if…

...Mark needs to leave the UK for an extended period?

Mark can leave the UK and re-enter on his EEA family permit for as long as it’s valid.

Once he’s granted pre-settled status, he can leave the UK for up to 2 years without losing the status.

However, if he leaves for more than 6 months at a time before he’s built up 5 years to be able to apply for settled status, he’ll lose that time and will have to start again. As long as Jan has been granted status under the EU Settlement Scheme, Mark should be able to re-apply.

...Mark and Jan’s relationship breaks down?

Once Mark has applied for pre-settled status, he’ll be able to stay in the UK and retain that as, once granted, it’s not dependent on Jan’s status in the UK. If the relationship starts to break down before Mark has applied, he would need to very quickly submit his application. If he didn't, and wasn't able to secure another way to be able to stay in the UK, he'd have to leave.

Relevant rules

EEA family permit 

This permit allows a non EEA/Swiss 'close' or 'extended' family member (see Definitions) of an EEA/Swiss national to accompany them to the UK without needing a Points-Based System visa. Applications must be made outside the UK and the applicant can come to the UK with their EEA/Swiss family, or join them afterwards. It's valid for 6 months, to allow them entry into the UK and time to apply for further permission to stay.

EU Settlement Scheme for EEA/Swiss nationals and their family members

Most EEA/Swiss nationals who live in the UK by the end of 2020, and their family members who are here with permission which is based on their relationship to the EEA/Swiss national, must apply to the EU Settlement Scheme by 30 June 2021.

Family members are also able to join EEA/Swiss nationals after the end of 2020 as long as the relationship began before 31 December 2020 and is ongoing when the family member applies (note: for Swiss nationals, a relationship with a spouse/civil partner can have started at any time up to 31 December 2025, and must be ongoing when the family member applies).

Right to work

EEA/Swiss nationals who are resident in the UK on or before 31 December 2020 can prove their right to work in the UK with their passport or national ID card - this will not change until 1 July 2021, at which point all new EEA/Swiss staff must have evidence of either a visa or pre-settled/settled status under the EU settlement scheme. 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.

We do not need to retrospectively check right to work for existing staff. 

Potential new EEA employee, start date in 2021

Carlos is a Spanish citizen who’s applied for a permanent, grade 6 IT business analyst job at the University with a start date of 1 March 2021. Though interviews haven't yet taken place, Carlos looks like the best candidate on paper. He and his family (wife and 3 year old daughter, who are also Spanish) aren’t able to move to the UK before 31 December 2020.

What does Carlos need to consider? 

Carlos and his family won’t be eligible to apply to the EU Settlement Scheme. They will therefore need permission to live and work in the UK. 

Although the family will be able to enter the UK until 30 June 2021 without a visa, through the passport e-gates, if they did so their permission would be as Visitors – this would restrict their residence to 6 months and Carlos would not be allowed to work. 

Carlos’s salary isn’t enough on its own to be eligible for a Skilled Worker Visa. However, the job is eligible for a minimum salary concession as it is on the Shortage Occupation List – the normal minimum salary for this role can therefore be reduced by 20%, which means that Carlos’s salary is enough for Skilled Worker sponsorship. 

Carlos’s wife and daughter will need Points-Based System dependent visas to allow them to come to the UK with him. 

The costs for Carlos and his family will be substantial, though not as much as if the job wasn’t a shortage occupation and he wasn’t from Spain - £2,619 for visas (£3,660 for non-shortage occupation jobs for broadly non-EEA/Turkish citizens) plus £8,590 for the Immigration Health Surcharge. 

Carlos will be eligible for the University’s reimbursement and interest free loan schemes; however, for both of these he must be on the University’s payroll, so must find the money himself, up front. 

What do we need to think about?

The department cannot choose not to take forward Carlos’s job application because the potential costs are considered too great (see below).  Shortlisting must be made on the basis of the selection criteria; there’s no legal basis to refuse sponsorship for an eligible role to an individual where the only reason would be not wanting to pay the associated costs​.

The University will be liable for the Immigration Skills Charge (see Definitions) as the job isn’t in an exempt category – this will cost £1,820. It’s payable with the £199 CoS fee and we can’t pass the cost on to Carlos. This will come from a local budget. 

Carlos will be eligible to apply to the University’s immigration reimbursement scheme for the cost of his own visa application (£1,220) – this will also come from a local budget. 

He’ll also be able to apply for an interest free loan of up to £5,000 to help cover the rest of his costs.  This comes from a central budget. 

What if...

...Carlos and his wife have another child while they’re in the UK? 

Although born in the UK, the child wouldn’t be a British citizen.  Carlos and his wife would need to apply for a dependent visa on the child’s behalf – if they want to be able to travel outside the UK, the visa needs to have been granted before they travel. Otherwise, they must apply before the child is 18. 

...Carlos needs to leave the UK for an extended period? 

There’s no impact on the Skilled Worker Visa if Carlos is out of the UK for a time unless it expires while he's overseas, in which case we'd recommend he extends his visa before he travels, or returns to the UK in time. When Carlos applies for his extension, he mustn't leave the Common Travel Area (see Definitions) between submitting his application and receiving a decision - if he does, this will automatically withdraw his application.

If Carlos plans to apply for indefinite leave to remain in the future, he needs to bear in mind that he can spend no more than 180 days outside the UK in any rolling 12 month period during the 5 years he plans to use as his qualifying period.  

Relevant rules

EU Settlement Scheme

The EU Settlement Scheme is only open to those resident in the UK on or before 31 December 2020.

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

EEA/Swiss nationals who are resident in the UK on or before 31 December 2020 can prove their right to work in the UK with their passport or national ID card - this will not change until 1 July 2021, at which point all new EEA/Swiss staff must have evidence of either a visa or pre-settled/settled status under the EU settlement scheme. 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. 

Research Assistant needing a Skilled Worker Visa

Rafael is 25, a Brazilian national and has just finished the equivalent of a Masters at a university in Brazil. He's just had an interview for a job as a grade 6 Research Assistant, fixed term for 2 years, and the panel would like to offer him the job.

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, Rafael would need to be paid at least the higher of £25,600 and the going rate for the job (as a research role, this is £33,000 based on a 39 hours week, which we can pro-rate down to £31,731 for a 37.5 hour week).  The salary offered to Rafael is £29,176, which isn't enough to earn the required 20 points for a Skilled Worker Visa.

Does that mean we can't appoint?

Not necessarily; depending on Rafael's circumstances, he may be eligible for a salary concession.

Firstly, does he 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? No, so...

2. Is he in the UK already? No, so...

3. Is he 25 or under? Yes, so he is eligible for a New Entrant salary concession.

What does that mean?

As Rafael meets the above criteria, we can reduce the going rate for the job by 30% - the minimum salary we need to pay Rafael is now £22,212. So we can appoint him.

What if he hadn't met any of the New Entrant criteria?

There are two other possible salary concessions: a job in a shortage occupation or a PhD which is relevant to the job. In this case, the job is not in a shortage occupation and Rafael does not have a PhD. We would therefore be unable to sponsor him as a Skilled Worker. Rafael wouldn't be able to work in the job unless he had another way of getting permission to work in the UK (such as a dependent visa). 

Relevant rules

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

Nationals of some countries (including Brazil) are known, rather misleadingly, as 'non-visa nationals' (see Definitions). This does not mean they don't need a visa to enter the UK; rather that they can request entry clearance at the border when they arrive. However, any entry clearance granted this way allows them to stay for up to 6 months, and only as a tourist. If they're coming for work, business or academic purposes, they'll need to apply for a visa in advance.  

The visa is in the form of a 30 or 90 day vignette (sticker) in a passport which we can accept as right to work until a Biometric Residence Permit, which covers the whole of their permission to stay in the UK, has been issued to them.

(Note: EEA/Swiss nationals will not receive a vignette or BRP, but will have an online portal which proves their right to work). 

Follow-up right to work checks are required whenever permission to stay expires. 

Teaching Fellow needing a Skilled Worker Visa

Ananya is an Indian national who's been working at another UK university for 2 years.  She's applied for a 3 year fixed term Teaching Fellow post in the School of Mathematics. 

What's the main consideration?

To gain the required 20 tradeable points based on salary alone, Ananya would need to be paid at least the higher of £25,600 and the going rate for the job (as a teaching role, this is £40,700 based on a 39 hours week, which we can pro-rate down to £39,135 for a 37.5 hour week).  In recognition of Ananya's experience, she's been offered a salary in the top half of grade 7 (£38,017). Despite this, it's not enough to earn the required 20 points for a Skilled Worker Visa.

Does that mean we can't appoint?

Not necessarily; depending on Ananya'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? No, so...

2. Is she in the UK already? Yes, so...

3. Does she already hold a Tier 2 or Skilled Worker visa? Yes, so...

4. Will this Skilled Worker Visa take her total combined time on Tier 2 and Skilled Worker over 4 years? Yes - Ananya has been in the UK on a Tier 2 visa for 2 years, and we're offering a 3 year contract.  This automatically disqualifies Ananya from being eligible for a New Entrant concession. 

What now?

There are two other possible salary concessions:

1. a job in a shortage occupation, or

2. a PhD which is relevant to the job.

The Teaching Fellow role is not in a shortage occupation.

However, Ananya does have a PhD in Financial Mathematics, and the hiring manager can provide an explanation of how this is relevant to the job. Because this is a STEM PhD, we can reduce the going rate for the job by 20% - the minimum salary we need to pay Ananya is now £31,308. So we can appoint her.

Had the job/qualification been in a non-STEM area/subject, the going rate could have been reduced by 10% to £35,222.

Relevant rules

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

If someone's already in the UK, they can work for their existing employer until the work start date we quoted on their Certificate of Sponsorship. However, they can't start working for us until they receive their new Biometric Residence Permit - there can be a gap here.

Follow-up right to work checks are required whenever permission to stay expires. 

IT role needing a Skilled Worker Visa

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.

Now what?

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. 

Relevant rules

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.