The new Immigration Act received Royal Assent last Wednesday and will come into force at 11pm on the 31st December when Freedom of Movement ends. Are you ready for this?
For many of us, this will change the way we recruit. Over the last 17 years I’ve seen the architectural and design industry enjoy talent coming from the other EU 27 countries to work in the UK. In particular Italy, Spain, Portugal, Greece, Poland, Romania and Bulgaria have been large contributors, enhancing and complementing our UK born workforce. Once the new rules come into place, you will not be able to simply hire someone from the EU unless they have settled status or if they are from the Republic of Ireland. Instead, the new rules put the rest of the world on a level playing field with the EU and all will require sponsoring by their new employer.
Are you a Licenced Sponsor?
If you have never sponsored an employee before, the chances are you are not a licenced sponsor. You will need to apply via this link https://www.gov.uk/apply-sponsor-licence and pay the fee of £536 if you are a small company or £1,476 if you are a medium or large company. Without this licence, you will not be able to employ people from outside the UK and Ireland unless they already have settled status or a different right to work in the UK.
New Points System
In order for someone to qualify for sponsorship, an applicant must achieve 70 points based on the following criteria:
| Characteristics | Type | Point |
| Offer of job by approved sponsor
|
Mandatory | 20 |
| Job at appropriate skill level
|
Mandatory | 20 |
| Speaks English at required level
|
Mandatory | 10 |
| Salary of £20,480 to £23,039 or at least 80% of the going rate for the profession (whichever is higher)
|
Tradeable | 0 |
| Salary of £23,040 to £25,599 or at least 90% of the going rate for the profession (whichever is higher)
|
Tradeable | 10 |
| Salary of £25,600 or above or at least the going rate for the profession (whichever is higher)
|
Tradeable | 20 |
| Job in a shortage occupation as designated by the Migration Advisory Committee
|
Tradeable | 20 |
| Education qualification: PhD in a subject relevant to the job
|
Tradeable | 10 |
| Education qualification: PhD in a STEM subject relevant to the job
|
Tradeable | 20 |
Putting this into simple terms with the architecture and design industry in mind.
This leaves 20 points remaining. This can be achieved by offering a salary of £25,600 as long as this falls under the guidelines of the “going rate” or the role is classed as a shortage occupation. Architects fall into this category and the final 20 points can be achieved using the minimum salaries below.
There are also different salary rules for international students or “new entrants” who have studied in the UK on a Tier 4 visa.
Cost
Once you have become a licenced sponsor, you will need to issue a Certificate of Sponsorship (CoS) for each application. Each certificate costs £199. You may also have to pay the Immigration Skills Charge of £364 for a small business or £1000 for a medium or large business. These two links will provide more information.
https://isc-fee-calc.visas-immigration.service.gov.uk/start
https://www.gov.uk/uk-visa-sponsorship-employers/immigration-skills-charge
Timescale
A Tier 2 visa application will take around 8 weeks although this can be reduced to 10 days at an additional cost.
In Conclusion
With only 7 weeks until these new rules come into place, it’s vital that if you intend to recruit from the EU or the rest of the world, you apply now to become a licenced sponsor to avoid delays. I believe the new rules will encourage a more open-minded approach to sourcing staff from further afield. This will culturally enrich our already diverse workforce, bringing talent, ideas, design ethos and skills from around the globe.
E&OE – For full details on the new points based immigration system please visit https://www.gov.uk/government/publications/uk-points-based-immigration-system-employer-information/the-uks-points-based-immigration-system-an-introduction-for-employers
Stewart Howl
020 7993 6980
