Firms must act in face of new immigration rules

The UK government has provided more details of the new immigration system that will apply from 1 January and employers are advised to review their recruitment needs and plan ahead. Free movement for nationals of the European Economic Area (EEA) and Switzerland will end from this date and nonbritish and Irish nationals not covered by the withdrawal agreement between the UK and EU will require visas for all but short-term visits to the UK.

Arrivals will require passports, unless covered by the withdrawal agreement, and national ID cards will not suffice. EEA or Swiss nationals recruited to the UK ahead of 31 December will be able to remain in the UK under the EU Settlement Scheme rules, avoiding the new system, but recruiting them from January 2021 will undoubtedly be more complex, expensive and time-consuming, where possible at all.

Currently non-eea/swiss visa applicants are required to attend in person to provide biometric information as part of their visa application. Most Eea/swiss nationals will not have to do so under the new system, and will be able to provide facial images via smartphones. The government aims for all nationalities to eventually be able to selfenrol in this way.

The government intends to introduce a universal “permission to travel” requirement on a phased basis to 2025, meaning anyone other than British or Irish nationals looking to travel to the UK will need to seek permission in advance. A visa, where held, will constitute permission to travel and the plan is to move towards a digital immigration record. An Electronic Travel Authorisation will be introduced for visitors and those transiting through the UK who do not need a visa for short stays in the UK, or who don’t have a UK immigration status before travelling. Employers need to consider if their typical vacancies arising will qualify and their impact on hiring practices and costs.

The government has stated an intention to change processes, streamline and simthere plify the system for users to speed things up. This would undoubtedly be welcomed by employers for whom the current Points Based System (PBS) can be very complex, time-consuming and process-heavy. Neither the current PBS nor the new system lets migrants enter the UK for lower-skilled work below Regulated Qualifications Network 3 and given the salary thresholds, only a limited number of applicants at RQF3 will now qualify.

will be no temporary route to avoid a “cliff edge” scenario for businesses. This is a major concern for affected businesses and the impact on the construction, care, hospitality, tourism, food processing, manufacturing and retail sectors, all of which already face skills shortages, should not be underestimated. The knock-on effect could be widespread. Firms that have until now avoided the PBS may need to obtain a sponsor licence to recruit necessary talent come 2021. We expect a surge in licence applications in coming months, which may affect processing times.

The updated rules are not only relevant for new recruits but current sponsored migrants looking to extend their stay after 1 January 2021 will have to do so under the new regime. We recommend employers act now if they are not licensed already, so they can hire the talent they need from 2021.

Firms that already have a sponsor licence are likely to make greater use of it from January if they need to recruit EEA or Swiss nationals. It is not known whether UK Visas and Immigration will increase its auditing of existing sponsors, but now is the time to ensure your processes and procedures are sufficiently robust – and that you are aware of and adhering to your compliance duties.

Staff in the UK on the basis of current EU free movement rights must secure their ability to remain by applying under the EU settlement scheme to avoid the new requirements. Employers should tell affected staff, and consider and provide sufficient support.

Joanne Hennessy, legal director and immigration specialist at Pinsent Masons

There will be no temporary route

to avoid a ‘cliff edge’ scenario for

businesses