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- Will employers need a Sponsors' Licence to employ
In most cases a Sponsors' Licence will be required to employ EU
Nationals. Sponsorship will not be required for those holding
Global Talent visas or visas to be granted under a prospective,
capped category applicable to the highest skilled candidates
ineligible under the Global Talent category.
- Will the new PBS make it easier to recruit non-UK
Nationals for skilled roles?
Yes. The reduction of the minimum skills threshold (RQF6 to
RQF3), abolishing the Resident Labour Market Test presently
required for most Tier 2 General applications and abolition of the
current annual Quota for Restricted Tier 2 General Certificates of
Sponsorship will simplify and expedite processes. A reduction
of minimum salary thresholds (see below) will also assist.
However, with the end of Freedom of Movement, employers will now
face an administrative process and significant additional costs
(including the Immigration Skills Charge and Immigration Health
Surcharge) when employing EU Nationals. The consolation for
UK employers / EU Nationals is that access to the UK Labour Market
for skilled roles will remain accessible.
- What are the main criteria to meet the minimum points
Successful applicants will need to achieve a minimum of 70 points
across a variety of flexible sub-categories. These will
include a job offer from an approved Sponsor, meeting the minimum
skills and salary thresholds, English language eligibility, a PhD
in certain circumstances and designated Shortage
- What are the changes to the minimum salary
The minimum gross annual salary threshold will be reduced from
£30,000 to £26,500 or the relevant Code of Practice
threshold, whichever the higher. The New Entrants'
threshold will be a flat 30% of the rate for Experienced
Hires. The minimum earning threshold will need to be met by
gross salary alone; allowances will no longer count. Those
earning gross annual salaries no lower than £20,480 will
still be eligible to apply by supplementing additional points
gained for those holding PhD qualifications in certain
circumstances or for designated Shortage Occupations.
- Will time spent in the UK under the new framework
accrue the right to indefinite leave to remain
We await clarification of the new ILR eligibility criteria.
We expect that eligibility (potentially accelerated) will apply to
the Global Talent and prospective highest skilled unsponsored
routes. Eligibility for the extended PBS framework may be
conditioned on higher skilled roles and gross salaries.
- Will dependents of PBS Migrants be permitted to work in
We await confirmation but we believe it likely that eligible PBS
dependents will retain their current rights to work in the UK.
- Will employers be able to employ unskilled
As presently indicated, eligibility for unskilled roles post
January 2021 will be restricted to Sectoral Pilot Schemes,
dependents of PBS migrants and entrants under the Youth Mobility
Scheme. Contrary to previous indications, the Government will
not immediately introduce a limited temporary visa category for
unskilled roles nor apparently extend the Youth Mobility category
to EU Nationals.
- Will post - January 2021 PBS Migrants be eligible for
Eligibility for income related benefits will be restricted to those
holding ILR / Settled Status. Presently, EU Nationals can
claim such benefits if they are lawfully economically active in the
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