First look at the new Points Based System for EU nationals

The Home Office has published a brief guidance for EU nationals who want to work and study in the UK under the new points-based system if they arrive in the country from 1 January 2021. New visa routes have already begun opening and will continue to do so for the rest of the year and in to 2021. For the first time, most EU nationals will have to pay the Immigration Health Surcharge (IHS) as part of their points-based system application in the same way that non-EEA nationals do currently. EU nationals and their family members who are already present in the UK by 31 December 2020 can apply under the EU Settlement Scheme in order to continue to work and study in the UK after 30 June 2021.

Working in the UK under the new Points Based System

There will be multiple work visa options for EU nationals planning to enter the UK for work from 1 January 2021, in line with the rules for non-EEA nationals. The most common route will likely be for skilled workers who are able to obtain sponsorship from a Home Office approved licenced business; however there are other optioned available for business people looking to set up their own company. We summarise the work visa options below:

  • Skilled Worker Visa – This will adapt and replace the current Tier 2 visa routes. The new skilled worker route is still a Points Based System application and Applicants will still have to provide a valid Certificate of Sponsorship (“CoS”), be paid a minimum salary threshold and be able to speak English at CEFR level B1. However, changes from the current route include being able to ‘trade’ points in certain circumstances where they do not meet the salary threshold and the shortage of occupation list has been expanded. This visa route is not yet active and the Home Office will therefore publish its detailed guidance along with the applicable Immigration Rules in due course;
  • Health and Care Visa – This is a new visa route which opened on 4 August 2020 and is for healthcare professionals who have received a job offer from the NHS, social care sector or other companies who provide services to the NHS. The other requirements are the same as the skilled worker visa, however there will be fast-track entry, reduced application fees and IHS exemption for these  Applicants;
  • Global Talent Visa – This visa route replaced the former Tier 1 (Exceptional Talent) route on 20 February 2020 and is for highly skilled migrants who wish to come to the UK to excel in their chosen field. The applicable fields are science, medicine, humanities, digital technology, the arts and culture. Applicants do not need to have received a job offer as wither the previous two visas; however Applicants must first get an endorsement from a Home Office approved endorsing body in order to apply for the visa;
  • Start-up and Innovator Visas – The Start-up and Innovator routes replaced the Tier 1 (Entrepreneur) routes and are for business people who have an innovative, scalable and viable business idea. These applications are considered in accordance with the Immigration Rules Appendix W Rules for Workers. As with the Global Talent Visa, Applicants will first need to secure an endorsement from an approved body. An investment amount of £50,000 is required for Innovator Visa Applicants whereas there is no investment required for Start-up Applicants. The maintenance and English language requirements must also be satisfied.

Studying in the UK under the new Points Based System

EU nationals entering the UK from 1 January 2021 in order to study in the UK will need to apply for a Student Visa having received a valid Confirmation of Acceptance for Studies (“CAS”) from a Home Office approved Student Sponsor. Applicants will need to demonstrate that they are a genuine student who has been offered a place on a course, must be able to support themselves in the UK without recourse to public funds and cover the cost of the course and must be able to have an English language proficiency of CEFR level B2 or above (for UK Bachelor degree courses and above).

Post-Study Visas under the new Points Based System

As has previously been announced, the UK is reintroducing a post-study work visa for international students who complete a degree at undergraduate level or above in the UK. International students must have been sponsored by a Home Office approved student sponsor (either under Tier 4 or the new student routes) and who has a good track record of compliance. This visa will allow eligible Applicants to remain in the UK for a further 2 years (or 3 years for PhD students) after they have completed their studies in order to gain or seek employment. This new post-study graduate visa route will open in summer 2021.

How our immigration solicitors can help with new Points Based System applications from EU nationals post-Brexit

Our immigration solicitors in London specialise in points based system applications and we prepare all our business related applications to the highest standard. We have an impeccable track history of submitting successful points based system applications for a range of different clients with different business and employment needs. The key to submitting successful applications is being aware of the relevant Immigration Rules. Our immigration solicitors in London guide Applicants through the requirements and prepare detailed legal submissions in support of the application. In addition to the legal representations, our team of solicitors also provides multiple substantial reviews of the application bundle to ensure that the correct documentary evidence is submitted. We also prepare and assist with the submission of the application form and booking a biometric appointment (where applicable).

Using our Immigration Solicitors in London to understand the new Points Based System for EU nationals

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a visa to live, work and study in the UK after 31 December 2020. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.

Caseworkers at the Home Office are trained to reject points based system applications, which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, our solicitors and barristers will ensure all specified documents must be provided.

The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successful Points Based System applications with our Immigration Solicitors in London

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a points based system application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a UK visa application.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice, and other central London courts.

Preparation is the key to successful points based system applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your case.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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