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How To Apply For A Skilled Worker Sponsor Licence in the UK

How To Apply For A Skilled Worker Sponsor Licence in the UK

United Kingdom

With the introduction of the new Skilled Worker visa, as an employer you now need to secure a Skilled Worker Sponsor Licence. By doing this, you are able to issue Certificates of Sponsorship to potential applicants, allowing them to obtain their visa.

In addition to Skilled Worker Sponsor Licences, you are also able to apply for the following Sponsor Licences:

Some of the above licences can be applied for collectively, such as Intra Company Transfer and Skilled Worker Licences. Others, such as the Religious or Sporting categories, have their own separate application process.

In order to apply for a Skilled Worker Sponsor Licence, you must satisfy certain eligibility and suitability criteria.

Skilled Worker Sponsor Licence Eligibility Criteria

As a sponsor, you must submit evidence demonstrating that you are a genuine employer, with a lawful trading presence in the UK. In order to meet the eligibility criteria, you must provide at least four pieces of evidence as listed in Appendix A, in support of your application.

Appendix A, is split into four tables. Table 1 confirms that a public authority or a company listed on the London Stock Exchange does not have to submit documents other than those specific to the licence they are applying for. Table 2 covers starts-ups (organisations that have been trading for less than 18 months), as well as franchises and charities. Table 3 lists the specific evidence that needs to be sent for a particular tier.

Table 4 then lists all the other possible documents you could provide, one of which must be the latest set of audited accounts if the organisation is legally obliged to submit them.

Specified Evidence Required

In addition to information about the organisation, the proposed job role, and the candidate in mind, you must also tell the Home Office why you are applying for a Skilled Worker Licence.

The Home Office also requires you to nominate certain individuals to take on roles in respect of the Sponsor Licence. Anyone nominated must be primarily in the UK, and the main roles are:

  • Authorising Officer – Usually someone senior within the company or organisation, who is involved with recruitment and/or HR. This person will be ultimately responsible for the licence, and ensuring that Sponsor Licence duties are met;
  • Key Contact – The primary point of contact for the Home Office. A legal representative can undertake this role for you; and
  • Level 1 User – This person will be responsible for all day-to-day management of the Sponsor Licence through an online portal, known as the Sponsorship Management System (SMS). This person must be an employee at the time of application, however once the Sponsor Licence has been assigned, others, including legal representatives can be set up at Level 1 Users, or Level 2 Users who are able to undertake certain limited tasks on the SMS.

When deciding who to nominate for the above roles, it is important to consider whether any one of them have any adverse history – whether that be past criminal convictions, or any adverse involvement with the Home Office. Applications for Sponsor Licences have been refused in the past as a result of one or more persons character or history.

Skilled Worker Sponsor Licence Suitability Criteria

Unlike the eligibility criteria, the suitability criteria requires a much broader assessment. The Home Office will be wanting to see that your organisation is honest, dependable, and reliable, and capable of fulfilling the responsibilities that it expects from Sponsors.

The department will check the following:

  • That the sponsor has the human resource and recruitment systems in place to meet, or continue to meet their sponsor duties — the Home Office will judge this by either visiting the sponsor before or after the licence is granted;
  • That the Home Office are able to visit and conduct checks to ensure that the sponsor duties are being complied with on an immediate,
  • unannounced basis; this includes checks at any physical addresses where the sponsored employees would carry out their employment duties;
  • That the sponsor can offer a genuine vacancy which meets the criteria of the category the sponsor is applying to be licensed for;
  • If any of the key personnel within the business have an unspent criminal conviction for a relevant offence; and
  • Any evidence of previous non-compliance by the sponsor.

You must also be able to demonstrate that you can offer genuine employment that meets the skill and salary requirements under the skilled-worker route.

The Home Office will want to be satisfied that your organisation has the HR or recruitment procedure in place to meet the sponsorship duties. Sponsorship duties include reporting certain information about sponsored workers and using the sponsorship management system. If something needs to be reported, this must be done within 10 days of the event. Events that require reporting are those such as changes to start dates, or change of work location for a skilled worker.

Your sponsorship duties also include keeping records of things such as contracts of employment, salaries, and evidence of genuineness of any vacancies advertised. Appendix D: keeping records for sponsorship sets out further details.

You should be aware that the Home Office can visit you as part of the Sponsor Licence application process, to check that your systems are sufficient. This will usually occur if the organisation is newly formed, or, if the application is high risk. Not only can the Home Office inspect your organisation during the application process, they can also visit at any time whilst you are a Sponsor Licence holder. During the visit(s), the Home Office will check your HR systems, and speak to the appointed Authorising Officer. They may also ask to interview sponsored employees.

If the Home Office finds that you are not meeting your duties and obligations, they can revoke or suspend your licence, resulting in curtailment of any sponsored workers visas.

How to Submit an Application for a Skilled Worker Sponsor Licence

Your application will be made using an online application form, where you can choose the categories that you would like the Sponsor Licence to cover. You will also have to give information about the key personnel you are appointing, as well as what documents and evidence you are providing to meet the eligibility criteria set out above.

A legal representative can help you complete the form, but the guidance clearly states that it must be submitted by the Sponsor themselves.

The fee for submitting varies depending on the size of your organisation. A small company or charity will be charged £536.00, and a medium or large sized company will be charged £1,476.00.

Skilled Worker Sponsor Licence Processing Times

You might be waiting for a decision on your application for up to 8 weeks. There is a priority service which costs £500.00, and will return a decision within 10 working days.

If your application is granted, you will be issued with a Sponsor Licence valid for 4 years from the date of decision. If, however, your application is refused, there is no right of appeal and there is a six-month cooling off period.

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BREXIT – UK TO TAKE BACK CONTROL OF THEIR BORDERS

All migrants will be subject to tough new Aussie-style rules with NO exceptions, Priti Patel warns

HOME Secretary Priti Patel has insisted there won’t be any exceptions for migrants under the new Australian-style immigration system.  The points-based system will apply equally to everyone, and workers in sectors with staffing shortages won’t get any short cuts.  Workers in under-staffed sectors such as construction and social care won’t be given any special treatment by the Australian style points-based-system, according to The Times.

Ms Patel promised at a cabinet meeting yesterday there would be no “carve-outs”, but people in “shortage occupations” might be given more points under the new rules.  Boris Johnson’s promises to “level up” the country with £100 billion of infrastructure investment might not be able to be met if staff-shortages in critical construction jobs are not dealt with.  There have also been warnings the social care system will struggle if enough international workers aren’t allowed into the country.

One cabinet source said the immigration rules have become “a real spaghetti mess”.  The source said: “Even the judges think that’s the case. Priti was arguing that they need a much clearer rules-based system. She doesn’t want a system with carve-outs all over the place”.  The PM is ready to scrap a minimum £30,000 salary threshold for migrants coming into the country post-Brexit.

Chairman of the National Care Association Nadra Ahmed said: “Without (social care workers) the NHS would struggle even more than it does currently.  Some of the challenges that the NHS faces are that they cannot find anywhere to transfer people to post-intervention. Social care workers should be included in the NHS visa system.”

Mr Johnson has promised that migrants with “exceptional talents” such as “violinists, nuclear physicists, prima ballerinas” would be given visas “simply because of what they contribute”.  Skilled workers including health and NHS staff would need a job lined up and be able to meet the points requirement in order to settle.  Another group of unskilled workers could be granted short-term visas to plug specific staff shortages if they have enough points.

The government hopes to bring in the new system by the end of the transition period – December 31 – and has scrapped a temporary extension of current rules that would have allowed temporary workers to come in under 2023.

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Here's how we take back border control after Brexit

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Boris is likely to end £30,000 immigration threshold post-Brexit

Post-Brexit immigration regime likely to mean an end to the controversial £30,000 salary floor

Boris Johnson’s new post-Brexit immigration regime is likely to mean an end to the controversial £30,000 salary floor for skilled workers, government sources have confirmed.  The independent migration advisory committee (MAC) is expected to report shortly on whether the threshold should be retained.  Downing Street will then spell out more details of an “Australian-style points-based system” – of which salary is expected to form just one element.  Government sources said it would be more “nuanced” than an across-the-board salary floor.

The £30,000 limit is currently applied to those seeking tier 2 visas – the main entry-route to the UK’s labour market for skilled workers from non-EU countries. A lower limit of £20,800 is applied to younger workers.  “The £30,000 minimum salary threshold for tier 2 visas was unnecessarily and arbitrarily high. It would have strangled the pipeline of talented younger people at the start of their careers, especially in key economic sectors such as the NHS and the creative industries.  Family visas only require a minimum salary threshold of £18,600 to be able to bring some family members to the UK.

The Conservative manifesto omitted the promise to cap net migration below 100,000 a year – a pledge that had shaped the party’s policy since it was adopted by David Cameron in 2010.  Responding to news that the £30,000 limit was likely to be dropped, the shadow home secretary, Diane Abbott, said it showed that the UK economy needed a broad range of workers.  “We always said their plans were unworkable, as many employers in the private and public sector need what the government insists on calling ‘low-skilled workers’. But all workers need decent pay, reasonable conditions, a right to a family life and trade union rights, wherever they are from. We will continue to fight for them,” she said.

The MAC was asked by the government last June to examine the question of salary thresholds and how a points-based system might work. In 2018, it recommended the retention of salary thresholds.  The threshold is already waived in some sectors, including in the NHS.

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UK: Boris Johnson promises stricter immigration changes

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UK points-based immigration system ‘to be brought in by end of 2020

Points-based immigration system could be in place two years earlier than originally planned

A points-based immigration system could be in place two years earlier than originally planned, according to reports.

Home Secretary Priti Patel is reportedly set to tell her cabinet colleagues that Britain should implement an Australian-style system before the end of the year – to coincide with the end of Britain’s transition period with the EU.  “We need to deliver change and businesses need to be prepared for uncontrolled migration of low-skilled workers to end this year.  “There is a clear drive for talented and skilled workers from around the world to come to the UK, but we also need to see a reduction in the number of unskilled workers entering the UK and that’s why this will be coming to an end.”

The reports come as Boris Johnson called for the UK to be the “investment partner of choice” for Africa and said his government would put “people before passports”.  He said: “Change is coming and our system is becoming fairer and more equal between all our global friends and partners, treating people the same, wherever they come from.  “By putting people before passports, we will be able to attract the best talent from around the world, wherever they may be.”

The prime minister announced an end to UK support in thermal coal mining and coal power plants overseas during a speech at the UK-Africa Investment Summit in Greenwich.  Far fewer of the continent’s 54 leaders are in attendance in London than went to the Russia-Africa event last year, or China’s recent investment summits.  Mr Johnson said the UK conference was “long overdue” and added: “We have no divine right to that business.  “This is a competitive world. You have many suitors.”

The UK’s existing immigration plan drawn up under Theresa May would have provided a temporary extension of EU rules after the Brexit implementation period, which comes to an end on 31 December 2020.  A change like this could impact businesses, as groups like the Confederation of British Industry previously said companies need “at least two years to adapt to any new immigration system”.

Diane Abbott, shadow home secretary, said: “This is an ill-informed and reactionary policy that will damage us all, damaging to everything from the NHS to other public services and some of our key private sector industries.  “Ministers talk about ending uncontrolled migration when they have been in office for 10 years. In reality this is just a new twist in the long Tory campaign against migrants, scape goating them for the terrible effects of Tory policies.”

Liberal Democrat Home Affairs Spokesperson Christine Jardine said: “Decisions like this make it loud and clear that this Conservative Government has no intention of ending the hostile environment. It’s a national embarrassment.  “For business and our economy, such draconian changes to immigration rules is utterly unworkable. To think the Home Office could implement the changes in the time given is a joke.”

Dr Alan Gamlen of Monash University in Melbourne said the Australian system is a “general skilled migration programme, where immigrants applying for a visa are typically selected based on ‘economically relevant characteristics’ like education, language skills and work experience”.  He said: “The exact way points are allocated changes depending on policy and the labour market but typically an applicant picks a ‘skilled occupation’ from a list and needs to score a minimum number of points.”

During the December election, Mr Johnson said the system would mean lower-skilled workers would come to the UK when there was a specific shortage.

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Points-based immigration system 'to be brought in by end of 2020'

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NHS to rely on migrants after Brexit – Until they train more UK nurses

NHS buckling under the weight of rising demand and is facing severe staffing shortages

With recruits from the European Union beginning to leave the NHS in greater numbers, the question of how to staff English hospitals and care homes becomes more acute.  More than 40,000 nursing roles are currently unfilled amid a sector-wide crisis.  Experts warn three things need to happen simultaneously to begin to bridge the gap: 

  • more recruits from abroad
  • training more UK nurses, and
  • keeping hold of the current workforce

After visa restrictions were relaxed in 2018, last year saw the number of nurses arriving from outside the European Economic Area double to more than 8,000, but with average nursing wages in the UK lagging behind competitors, and an historic reliance on migrant labour, solving the staffing shortage will be an uphill battle.

Mark Dayan, policy analyst at health think tank the Nuffield Trust, said continued migration into the UK is critical.  “The NHS has a long-term tendency to rely on non-UK migration,” he said. “The NHS is also more dependent on migrants than other sections of the economy are on average.”

But Ben Gershlick, senior economist at the Health Foundation, said international recruitment will not be enough to solve the staffing crisis alone.   “A continued over-reliance on nurses from abroad places the UK in a precarious position for the future,” he said. “It is crucial for the future of the health service that the government secures the long-term supply of new nurses in the UK.”

The NHS staffing crisis is most acute among nurses and midwives, with more than 1 in 10 positions going unfilled. That leaves more than 40,000 vacancies across NHS England.  The worst affected area is London, where more than 15 per cent of nursing roles were being advertised in June last year.  It leaves a shortfall of more than 10,000 nursing posts across the capital – a quarter of all vacancies in England.

In their general election manifesto the Conservatives committed to funding 50,000 more nurses over the next five years – increasing nursing numbers from 280,000 to 330,000 by 2024/25.  31,500 of these new posts will be new, including 14,000 newly-trained nurses, 5,000 nursing apprentices and 12,500 nurses from overseas. The remaining 18,500 will be nurses who have been persuaded not to leave, or to return to, the profession.

Measures to shore up the front line have already seen some success. In 2018 doctors and nurses were exempted from the Tier 2 visa cap which limits the number of skilled migrants entering the UK to 20,000 a year.  The result was a net increase of 4,000 nurses a year from outside the EEA.  “In the short- to medium-term more nurses are required from abroad than are currently being attracted in order to keep the NHS running,” said Mr Gershlick.   “The government must therefore ensure that the migration policy does not put barriers in the way of recruiting nurses from both EU and non-EU countries.”

The fresh influx of nurses from outside the EU is generally benefiting the capital, the East and the Midlands – the areas with some of the highest vacancy rates for doctors and nurses, and reliance on migrant labour.  Those areas have seen the number of nurses from abroad rise by more than 1,000 a year since 2018, while northern England struggles to attract fresh talent from overseas.

Migration alone won’t solve the problem. Many more nurses also need to be trained in the UK – something seen as a key opportunity from Brexit.  In June 2015, nurses from the UK were leaving NHS England at a rate of more than 2,500 a year. At the same time, the number of EU nurses increased by 3,500.  In the four years since, after the EU referendum vote, the trend has reversed.  In the year to June 2019, nurses from outside the EEA increased by more than 4,000, while European nurses begin to leave the NHS.

For the first time in years more UK nationals are joining the NHS after a drive to encourage staff to return and boost retention rates.  Almost 1,500 more UK nurses joined NHS England than left in the 12 months to June, but more are needed.  “The NHS is failing to train and recruit enough new nurses domestically and retain enough of those it has,” said Mr Gershlick.

“While the number of people in England starting nursing degrees was up in 2018, this was still some way short of the additional 4,000 nurses in training by 2023/24 pledged in the long term plan for the NHS.”  Sources of recruitment have always fluctuated, according to Mr Dayan, but “there is a level of dependence we have built up on migrant nurses”.   “There have been cycles of the NHS having workforce shortages, either because they haven’t trained enough people or there haven’t been staff to match vacancies,” he said.   “We then need to recruit from overseas in waves to match it.  “In the 2000s when we had large increases in the NHS budget we used non-EU migrants quite heavily to grow the workforce in every area.  “In the middle of the last decade we had a spike in EEA migration, which got up to nearly 10,000 a year, but dropped off a cliff with Brexit and the language test.”

Difficulties attracting new recruits into training or moving to the UK to work in the NHS have various factors, including pay.  The Government has pledged to reintroduce nursing bursaries, worth up to £8,000, to try to entice more students to train in the UK. This would give every student nurse an annual bursary of £5,000 for living costs, with up to £3,000 more for those in particular areas of need.  But once they are in the profession, average wages for nurses in the UK measure poorly against the health services in other countries.  According to OECD data, nurses in the UK are paid in line with the average UK salary.  It amounts to less compared to average wages in countries including Greece, Ireland, Australia, the United States and Chile, where nurses are paid 1.5 times the national average wage.

Mr Gershlick said: “A global nursing shortage means the UK is competing internationally for scarce nurses and this is likely to become increasingly challenging as other high income countries such as Germany become more active recruiters.”  While staff from the EU dry up, the NHS is falling back on historically reliable sources of recruitment.  Staff from the Philippines and India now make up the bulk of nurses from overseas, with more than 30,000 of those registered with the Nursing and Midwifery Council from the Philippines.  The UK has pledged not to recruit from Indian states which are in receipt of aid from the British Government, but the rest of India is not covered by the agreement.

And Britain has a memorandum of understanding with the Philippine Government allowing it to target healthcare professionals.  In the last two years, the number of Filipino recruits has grown by more than 20 per cent, while those from Spain, Portugal and Romania quit.  And while the Asian labour market can provide a vast recruitment pool, there are concerns around the ethics of sourcing staff from poorer countries.   “In both India and the Philippines the recruitment pool is quite deep,” said Mr Dayan. But he added there is a concern over sourcing recruitment from less-developed countries where they are needed.

Experts warn that poor performance in hospital waiting times are directly impacted by the staffing crisis, and that the only way to deal with this is through a combination of improved training, retention and migration.  “The only chance to deliver the 50,000 nurses the Prime Minister promised is increased training, better retention and higher migration,” said Mr Dayan. “It would need about 5,000 additional migrants a year.”  Stopping nurses leaving the profession is just as important. Since 2011/12, around 30,000 more NHS staff are resigning each year, according to workforce data.

Andrea Sutcliffe CBE, chief executive and registrar for the Nursing and Midwifery Council, said: “More needs to be done to address the pressures nurses and midwives face to successfully attract and retain the workforce we need.  “In our last survey of those leaving the register, one third cited too much pressure leading to stress and poor mental health as a reason for leaving.

“These are system-wide challenges that require a system-wide solution – including effective workforce planning, a joined up approach across health and social care and ongoing support for continuing professional development both to benefit people who use services, and create an attractive career pathway for new recruits and existing staff.  “While recent investment by the Government in establishing a grant for student nurses and midwives is a step in the right direction, there is still much more to be done.” 

An NHS spokesperson said: “It’s no secret that the NHS needs more beds, which means we need more nurses from home and abroad.  “This is why the NHS has funded thousands more clinical placements for those in training, delivered a 6 per cent increase in nursing applications as a result of the largest ever recruitment campaign, and rolled out a successful nurse retention programme which has reduced turnover rates.” 

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Brexit: NHS faces uncertainty as health workers leave UK

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Britain is almost out of the EU—but what next?

Boris Johnson looks like a strong prime minister, but his position with Brussels is weak

The impact of Boris Johnson’s election win was clear on January 7th when Parliament resumed consideration of the eu withdrawal bill. A huge Tory majority made the debate and votes perfunctory. The Lords may be less controllable than the Commons, but the bill will become law largely unamended so Brexit can happen on January 31st. Mr Johnson hopes then to drop the very word Brexit, arguing that trade talks will be technical stuff more suited to business than front pages.

In fact Brexit will still not be done on January 31st. Britain will move into an 11-month transition period when it must obey all the eu’s rules and keep paying into its budget. And the future talks will cover not just trade but standards, security, data exchange, fisheries, financial services, research and much else. Moreover, as Ursula von der Leyen, the commission president, made clear at her meeting with Mr Johnson at Downing Street on January 8th, they will be even more difficult than the withdrawal negotiations.

Changes to the withdrawal bill will not help. It now bans by law any extension of the transition period beyond 2020. Promises to safeguard workers’ rights post-Brexit have gone, in line with Mr Johnson’s plan to escape eu regulations. And the bill dumps provisions giving mps a big role in scrutinising and voting on future deals with the eu. The aim is to avoid the misery that beset Mr Johnson’s predecessor, Theresa May, as she repeatedly failed to win parliamentary approval for her Brexit deal.

All this fits with a much-loved Brexit trope that the way to win a good deal in Brussels is just to hang tough. The notion is that setting firm conditions and deadlines will force the eu to make concessions, that the 27 member countries are likely to prove disunited under pressure, that the Europeans need the British more than the other way round and that sticking with Brussels’s rules is wrong in principle and also unnecessary to preserve close trade links.

On her visit to London, Mrs von der Leyen spoke eloquently of her deep friendship and admiration for Britain. Yet she was steely when talking of future relations. The end-year deadline made a comprehensive deal impossible. As a third country, Britain would have less privileged trade access. Without free movement of people, it could not have free movement of capital, goods and services. Although the eu wants a trade deal with zero tariffs and zero quotas, she added a third condition of “zero dumping”. This is code for a level playing-field under which Britain is required to observe eu rules in such fields as labour, taxes, the environment and state aid. The more Britain diverges from such rules, the greater the barriers to its exports.

The truth is that Mr Johnson, like Mrs May before him, is in a weak bargaining position. The withdrawal agreement deals with money owed after Brexit, the rights of eu citizens in Britain and, via customs checks in the Irish Sea, the guarantee of an open border between Northern Ireland and Ireland. The eu 27 have learnt the value of unity from previous talks, and unlike Britain they have experienced trade negotiators. And size matters: the eu accounts for almost half of Britain’s exports, while Britain takes barely a tenth of the eu’s.

The agreed political declaration also sets awkward staging posts on the way to a deal. By July 1st it envisages agreements on fish and on future regimes for financial services and data exchange. Mrs von der Leyen suggested these might rely on a system of regulatory equivalence, but she made clear this would be unilateral and could be withdrawn at any time. Even Mr Johnson’s big majority may be a weakness, suggests Maddy Thimont Jack of the Institute for Government, a think-tank. eu leaders often win arguments by claiming their parliaments cannot agree, but they know Mr Johnson is not so constrained.

The end-year deadline causes another problem. Comprehensive trade deals of the sort Mr Johnson wants are invariably “mixed” agreements that need ratification by national and regional parliaments, which typically takes years, not months. If a deal is to be ratified by next January, it must be a simple one not subject to this procedure. That points to goods trade only, with nothing on services, security and so on. And Mr Johnson’s insistence that Britain must have freedom to diverge from European regulations makes it harder to meet the timetable. David Henig, a trade expert, wonders if Britain could go for divergence in principle but not in practice. After all, most companies prefer eu rules they understand to an entirely new regime.

Some ministers suggest putting more pressure on Brussels by opening trade talks with other countries, notably America. But although Donald Trump is beguiling, trade aficionados say the Americans are even tougher than the eu. They would insist on acceptance of their food, which would stymie any deal with Europe since the eu bars much of it on health grounds. Any third country would also want to see how Britain will trade with the eu before doing bilateral deals. Besides, British negotiators will have their work cut out merely trying to roll over the 60-odd free-trade deals that the eu now has with third countries like Japan, Mexico and South Korea.

The conclusion is that, if Mr Johnson refuses to move on the transition deadline or on regulatory divergence, he will get only a bare-bones deal eliminating tariffs, but not regulatory barriers, for goods. This might be expanded in future negotiations, but only after a break in today’s close relationship. The alternative would be to leave on December 31st with no trade deal at all, but that would imply not just regulatory barriers but tariffs and quotas as well.

The industries that will suffer most from new regulatory barriers to frictionless trade are those like aerospace, cars, chemicals, food and drink, and pharmaceuticals that rely on uninterrupted supply chains across Europe. They are concentrated in the midlands and north—exactly where Mr Johnson won his new Tory majority. If his weakness in the negotiations causes him to lose favour in those areas, his new domestic strength will be at risk.

European Commission President wants 'unprecedented' Brexit trade deal by end of 2020 | ITV News

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UK Recruitment Industry Reacts To Queen’s Speech

Proposed Legislation includes a new employment bill, a points-based immigration system for skilled workers, flexible working and a national skills fund

During the State Opening of Parliament in December, the Queen outlined a comprehensive list of the new government’s proposed legislation including a new employment bill, a points-based immigration system for skilled workers, flexible working and a national skills fund.

The proposed employment bill promises to protect and enhance workers’ rights when the UK leaves the EU. The government is also set to create a new single enforcement body to protect workers’ rights. Workers would also have the right to request a more stable contract. Flexible working would also be default, unless employers have a good reason not to allow this (this is subject to consultation).

The recruitment industry has reacted to the announcement.

Tom Hadley, Director of Policy and Campaigns at the Recruitment & Employment Confederation, said, “We hope the government’s employment bill will incentivise business compliance and increase fairness and flexibility in work. Two way flexibility, that supports businesses and workers’ choices, is vital to a fair and productive labour market. The challenge ahead is to ensure that this works for all parties.”

“The government’s recognition of the importance of all people being able to retrain is welcome,” Hadley continued. “Recruitment professionals are in a unique position to facilitate career transitions and progression, and to provide the latest insight into how skills needs are evolving. We look forward to ensuring that the National Skills Fund works for employers and workers alike.”

Tania Bowers, General Counsel at The Association of Professional Staffing Companies (APSCo), also commented, “While it was confirmed that measures will be brought forward to encourage gig workers to request a “more predictable contract”, our members are keen to understand whether this right will be extended to non-permanent  agency workers, who by their nature are flexible.”

“We welcome the introduction of a National Skills Fund. However, while a commitment to ‘growing our own’ talent will help to mitigate against talent gaps in the future, in the interim access to skilled professionals from Europe and beyond must be maintained,” Bowers said.

“While today’s speech underlined a commitment to a ‘modern, fair, points-based immigration system’, Tier 2 Visas will continue to require a job offer. APSCo maintains that there must be a dedicated visa route as part of the future skills-based immigration system, through which highly skilled contractors from overseas can come to the UK and support British businesses. The abolition of the previous cap on numbers under the Tier 1 Exceptional Talent Visas coupled with a new fast-track immigration scheme for top scientists and researchers, however, should help alleviate skills shortages in some of the most talent-short sectors,” Bowers continued.

Bowers also called for a rethink to incoming changes related to IR35, and added that APSCo believes it should be delayed ‘pending a further impact review and completion of an assessment on employment status.’

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October 2019 Queen's Speech and State Opening of Parliament

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Immigration Update Following UK Election Result

What can be expected from an “Australian-style points based immigration system” if replicated in the UK post-Brexit

The Boris Johnson immigration tag line has long been that under his leadership the UK will have an “Australian-style Points Based System”. Now the election results have been counted and it has been confirmed that Boris will continue his tenure in 10 Downing Street, what can be expected from an “Australian-style points based immigration system” if replicated in the UK post-Brexit in January 2021?

The Conservative manifesto was vague when it described what UK businesses could expect from a new immigration system once the Brexit transition period comes to an end on 31 December 2020. The previous Immigration White Paper (published in 2018) made no mention of a points based system; however it did make clear that whatever immigration system is in place, it would be applicable to EEA nationals arriving post-31 December 2020 as well as third country nationals arriving in the UK. Those applying under the existing Settled Status scheme who are resident in the UK before 31 December 2020 (or 31 January 2020 in the event of a no deal) should not fall under a new immigration system. On 8 December 2019, the Prime Minister announced that the new work-based immigration system would be a 3-tier system, applying to all new arrivals in the UK, consisting of:

  • A top tier for exceptional talent who would be able to obtain a UK visa without a job offer
  • A second tier for skilled workers with a UK job offer
  • A third tier for unskilled workers, coming for short-term visas in sectors with employee shortages.

When referring to an “Australian-style points based system”, no further explanation has been made on what this would look like or how it would operate in practice. In the Australian immigration system, there are two primary categories which require individuals to score points in order to assess eligibility for an Australian visa. These two categories are the Skilled Independent Visa (subclass 189) and Skilled Nominated Visa (subclass 190). These categories do have slight differences but in short, both categories require applicants to meet the following requirements:

  • Be under the age of 45
  • Score 65 points or more under the points system
  • Meet a minimum level of English
  • Ensure their current occupation is listed on the pre-approved skilled occupation list
  • Meet a minimum health requirement
  • Meet a minimum character requirement
  • A declaration the applicant holds suitable skills for their occupation

The individual must firstly submit an expression of interest form, showing they meet the above criteria. Points will mainly be awarded for age, English competency, overseas and Australian employment experience and education. The Australian government will then review the application and invite successful applicants to make a formal visa application. At this point, the individual will need to file supporting evidence including a CV and evidence of education. Providing the application is approved, the individual will receive an e-visa which is linked to the individual’s passport and permits them to work in Australia with no restrictions.

The above is not too dissimilar from the previous UK Tier 1 General visa category, which was closed to overseas applicants on 23 December 2010 and permanently closed on 6 April 2018. Under the previous Tier 1 General system, individuals were primarily awarded points for age, education and previous earnings over a 12 month period. However a key difference is that even though individuals are required to score points for the visa category, an individual must also be in a profession listed on the Australian skilled occupation list, which is a key concern for some UK industries who have expressed worries that their key professions would not be included on this occupation list and thus bar key talent from being able to relocate to the UK. Upon reviewing the Australian skilled occupation list, it includes professions currently represented on the UK occupation list, such as teachers, lawyers and engineers. It also covers roles which are currently deemed “unskilled” in the UK such as mechanics and tradespeople (carpenters, plumbers etc) as well as some more specialist niche roles such as horse trainers and tennis coaches.

Australia also has a separate “Short-term Skilled Occupation List” of professions which are only eligible for a more limited range of visas. Under this list, individuals cannot “self-sponsor” (ie hold the visa independently) and employer-sponsored work visas are restricted to two year period for most occupations on the list, with no path to permanent residency. This is partially reflected in the UK government’s proposal for a third tier for unskilled workers and could provide an interim solution for businesses whose vacant positions are more transient in nature.

Regardless of whether the above is implemented, the UK government revert to their previous White Paper proposals or opt for a whole new immigration system, it will be important for employers to stay abreast of updates and developments in 2020 to ensure they are prepared for a fresh immigration system in January 2021 which will apply to all new arrivals in the UK, whether they are EEA nationals or third country nationals.

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