The new UK immigration system - Laura Devine Immigration

1 December 2020

The new system

The new UK immigration system opened at 9am today, representing the greatest change to UK immigration law since the introduction of Tier 2 of the points-based system in 2008.

The changes have been driven by two key motivating factors. Firstly, the need to adapt the UK’s immigration system to incorporate EU nationals coming to the UK after free movement ceases, with the end of the Brexit transition period on 31 December 2020.  Secondly, the government pledged to introduce an ‘Australian-style points-based system to control immigration’ in its 2019 manifesto (albeit that the new UK system in fact bears far greater semblance to the previous UK system than to the Australian one).

The first, limited, details of the new system were released by the Home Office in a Policy Statement in February 2020. Less than a month later, the World Health Organisation declared the outbreak of COVID-19 a global pandemic and the Home Office faced the dual challenge of not only dealing with the immediate consequences of the pandemic, but also seeking to devise/implement a new system for the UK’s needs in vastly changing circumstances (including an economic crisis). The publication of further information on the new system was delayed until the July 2020 release of the Further Details Statement.

Rule changes to implement the new system were first published in September 2020, introducing the new Student and Child Student routes (replacing Tier 4) with effect from 5 October 2020. A second, more significant Statement of Changes in the Immigration Rules followed in late-October 2020, introducing the majority of the new system with effect from 1 December 2020.

Main changes under the new system

For a full analysis of the new immigration system, see our comprehensive FAQs.  Key points employers and sponsors should be aware of for the Skilled Worker and Intra-Company Transfer (ICT) routes include:

  • The skill threshold for permissible sponsored roles has reduced from RQF 6 (degree level) to RQF 3 (A-Level). This significantly increases the scope of the route and the pool of overseas talent from which sponsors may recruit.

 

  • The general salary threshold for the Skilled Worker route has been significantly reduced – however, the relevant occupational salary thresholds must still be met (meaning that for many roles the reduction to the general threshold will have no effect). Different thresholds apply depending on the points which can be attained by the applicant and sponsors will need to ensure that they have identified the correct threshold.

 

  • Under the Skilled Worker route, the Resident Labour Market Test (advertising the vacancy in the UK) has been abolished, making sponsorship easier/faster – however compliance obligations may often mean that evidence of recruitment efforts, including any advertising, still need to be maintained.

 

  • The cap on the number of sponsored migrants permitted per month/year has been ‘suspended’.

 

  • It is now possible for most individuals to switch to Skilled Worker from within the UK (instead of having to return to their country of origin to apply). This includes individuals with permission under the former ICT route (which does not lead to settlement) who may now switch from within the UK into the Skilled Worker route (which leads to settlement).

 

  • Sponsors will continue to be subject to most of the same sponsor duties which they were previously subject to, with the addition of some brand-new sponsor duties.

How Laura Devine Immigration can help

We are a multi-award winning, niche immigration law practice recognised by all the legal directories as being in the top tier of immigration law firms (ranked Tier 1 by the Legal 500 and Band 1 by Chambers UK, with many of our lawyers also individually ranked). As leading experts, we are well placed to assist employers and applicants alike to navigate the changes and optimise the benefits of the new system.

We provide our clients with a world-class comprehensive service, key features of which are summarised below.

Providing an end-to-end advisory and application management service

For both sponsor licence applications and individual applications under the various work routes, we provide an end-to-end service to the employer, the sponsored migrant and any family members. This includes:

  • a detailed assessment of eligibility at the outset;
  • providing detailed strategic and practical advice on the options, criteria and procedure, and answering any queries throughout the lifespan of the application process;
  • reviewing and advising on all supporting documentation;
  • drafting application forms and legal representations to accompany each application;
  • handling all procedural and administrative aspects of the application;
  • where applicable, liaising with Home Office contacts to resolve any complexities that may arise; and
  • providing detailed post-approval advice with information on conditions and any next steps which need to be taken.

Managing and ensuring sponsor compliance

The sponsor duties imposed by the Home Office continue to apply (with some modifications) under the new system, including numerous reporting and record-keeping duties. Where the Home identifies non-compliance, sponsors risk having their licence suspended and/or revoked, removing their ability to employ overseas talent.

In addition to providing detailed advice on compliance matters throughout the application process, we also actively monitor sponsor compliance and carry out reporting activity and administrative tasks on our clients’ behalf.  We also compile, review and advise on all sponsored employee records in accordance with record-keeping duties and right to work checks.  Our service manages risk, reduces timeframes and enables applications to be prepared in a streamlined manner.

Should we identify any compliance risks or issues, we are on-hand to provide an immediate and thorough auditing service with a view to producing a clear action report with advice on how to resolve outstanding issues. Where the Home Office notifies clients of proposed compliance visits, our lawyers are pleased to attend the visit to provide legal support on the day.

Providing training, webinars and E-shots

We can provide online training sessions to our clients to ensure that all relevant personnel are up-to-date and familiar with the legal and practical changes of the new system. These sessions are tailored to the circumstances and requests of each particular client and offer a great opportunity to ask our expert lawyers any questions.

We also provide advice on the new system via our seminar series, which is open to all our clients on a complimentary basis.  These webinars are hosted and presented by our expert lawyers, and where appropriate feature guest speakers from the Home Office and other relevant UK bodies. Our November 2020 webinar on the new system featured a presentation and Q&A session with George Shirley (Director of Visas and Citizenship at the Home Office) and Daniel Petriello (of the Home Office Strategy, Engagement and Design Team). We shall be continuing our monthly webinar series in January 2021, reflecting on the early implementation of the new UK immigration system with top tips for employers. Our clients have exclusive priority access to registration slots.

To help our clients keep up with the fast-moving pace of changes in the UK immigration landscape, we also regularly send UK immigration updates via E-shots. These complimentary E-shots explain relevant developments concisely, free from legalese and highlight the key considerations our clients should be aware of, with links to helpful resources and contact details, where appropriate.

Influencing policy and liaising with Home Office contacts

We are well-known as a firm for our work to help shape and influence UK immigration policy, addressing issues we identify with senior Home Office officials, both directly as a firm and in our roles with external organisations. All our lawyers are members of the Immigration Law Practitioners’ Association (ILPA); one senior lawyer holds a role as a trustee of ILPA and another senior lawyer is a committee member of the Law Society Immigration Committee. Both of these organisations have been consulted by the Home Office during the planning and drafting of the new system. We have actively fed back our assessments on both adverse and welcome impacts of policy change and shall continue to maintain a dialogue with the Home Office as the system continues to evolve.

Furthermore, our strong professional relationship with the Home Office means that we are often able to liaise with appropriate officials to assist with and resolve complications or urgencies which may arise.

Resolving issues caused by the COVID-19 pandemic

The COVID-19 pandemic has necessitated changes to the application process, and the need for consideration of circumstances outside the scope of the Immigration Rules. Our team of lawyers are fully familiar with all of the changes and concessions operating in response to the pandemic and have succeeded in securing discretion for many clients whose immigration position has been impacted by illness or travel restrictions due to COVID-19. Our lawyers have also produced a detailed set of answers to the most frequently asked UK immigration questions in relation to the pandemic, which can be found here.

As a firm, we have of course adapted the way we operate. Whilst we are predominantly working remotely, our London and New York offices have staff in attendance daily for essential services such as receipt and dispatch of original documents as required, ensuring the continued smooth running of our world-class services for our clients globally, whilst protecting the health and safety of our colleagues, clients and contacts.

Get in touch

For further information on the new UK immigration system and forthcoming changes to UK immigration law, see our website, or contact your assigned LDI lawyer or enquiries@lauradevine.com.

Laura Devine


Managing Partner

Sophie Barrett-Brown


Senior Partner and Head of UK Practice

Natasha Chell


Partner and Head of Risk and Compliance

Jennifer Stevens


Managing Partner


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