Employing talent from the EU, post transition period

From 1 January 2021, all overseas nationals (whether EEA nationals or not) will be treated the same for the purposes of employment in the UK. This is now done on a points based system and a successful candidate needs to score 70 points.

If your business intends to hire talent from the EU, there will be two options available, either as:

• Skilled workers or

• Intra-company transfers. These options are explained below.

First and foremost though, regardless of the options, for a UK business to be able to hire anyone from outside the UK, they are required to have a sponsorship licence. This is an application made to the UK Visa & Immigration (UKVI) and once granted a licence to sponsor workers, a Certificates of Sponsorship (CoS)could be issued. The sponsor licence is valid for 4 years and the application process takes between 8-12 weeks.

Currently, the UKVI is encouraging employers to apply now for their sponsor licence even if they are not certain they would necessarily need it.

Option 1: Skilled worker (replacing Tier 2 scheme)

EEA nationals will now need to secure employment sponsorship prior to their move to the UK or within 3 months of their move.

Requirements for Skilled Worker visa:

All applicants will need to demonstrate:

· A job offer from a UKVI approved sponsor;

· This offer needs to be at the required skill level – RQF 3 or above (A Level and equivalent);

· The candidate must meet the requirements for knowledge of English Language.

These three criteria will earn a maximum of 50 points. The remaining 20 points will be based on the salary for the role or the educational qualifications the applicant holds and makes use of the new “tradeable” points system.

Option 2: Intra-company transfers

Requirements for Intra-company visa:

· Be an existing employee of your sponsor;

· Have a valid CoS;

· The role must be on the list of eligible occupations;

· The salary must be at least £41,500.

Alternative routes

There are also new categories for start-ups and innovators. These operate in a similar way to the sponsorship route, whereby individuals and their businesses have to seek endorsement from a suitable body, before they can qualify for the visa. This has replaced the old tier 1 entrepreneur route.

A new global talent route is also being introduced, replacing the previous exceptional talent route.

There will be a further three key routes available , although the specifics have not yet been finalised. These are:

• A post-study work visa giving overseas students graduating in the UK (at degree level and above) two years post-graduation to live and work in the UK.

• A route for seasonal workers.

• A highly skilled unsponsored route. This will be a points-based system similar to the Australian system.

Business immigration services

• Are you experiencing a skills shortage for particular roles?

• Do you want to become a sponsor so you can employ skilled employees from overseas?

• Are you already a sponsor and require support with visa applications, advice on fulfilling your responsibilities and remaining compliant?

• Are you concerned about employing EU nationals post-Brexit, either under the EU settlement scheme or the new immigration system?

• Are you uncertain about what information you need to gather and keep in relation to ‘right to work’ checks?

Here at Noush & Co. we are experienced UK immigration experts ready to help you and your business to reach its potential by taking the worry of business immigration off your mind.

We work closely with your business, tailoring our support to the specific needs of your company. Depending on your requirements, we can either provide full end-to-end support (including management of visa applications and sponsor compliance audits to ensure you are fully compliant with your sponsor duties) or ad-hoc advice on specific queries.