NO ‘COOLING OFF PERIOD’ FOR WORKERS COMING TO THE UK
New rules for employers that wish to employ staff from abroad from the year 2021 has been issued, but the long-awaited new immigration rules and regulations are however yet to be disclosed in their latest publication.
From 1 January 2021, employers will be required to have a sponsor licence to appoint most workers from abroad.
The new guidelines for employers states that the obligations for employing foreign workers via the skilled worker and intra-company transfer route in addition to other routes comprising the global talent visa route – targeted at “global leaders” in the segments of science, humanities, engineering, the arts and technology – and the youth mobility scheme.
Under the present UK Immigration system, migrant workers who in the past held a Tier 2 visa and have gone back to their home country must wait 12 months before re-applying under the same, or another visa category.
Priti Patel mentioned, “With just over three months to go till the new UK points-based immigration system is completely functional and UK Home Office guidelines being published occasionally, organisations in the UK are getting concerned.”
“Generally, the cooling off period has triggered an annoyance for many organisations and sponsored migrants as skilled workers but the newest issued guidelines explains the cooling off period which will be comfortable news for many foreign skilled workers.
Patel further mentioned that, “Whilst this is good news, as we are still expecting for the new UK Immigration Rules to be issued, I would suggest the UK organisations to delay fully celebrating these modifications.”
Priti Patel pulled attention to the fact that some fundamentals of the cooling off period would stay for those applying for the intra-company transfer visa route.
“These workers will not be allowed to remain in the UK for more than five years in any six year period. For high earner workers, for example those earning more than £73,900, they can stay in the UK for nine years in any 10 year period. Organisations in the UK will have more flexibility to relocate skilled workers to the UK for numerous times.
“Subject to sponsored workers visa expiry dates, UK organisations may be able to avoid the cooling off period when the new UK Immigration system is in place.”
Priti Patel repeated that employers that skilled workers could apply for a work visa no more than three months before their planned commencement date in the UK.
“With the count down to 1 January 2021 in full swing, we are anxiously waiting for news on when work visa applications can be made under the new UK immigration system. This date is important so that organisations in the UK can arrange for their recruitment requirements in the new year.”
Latest statistics advise only 2% of UK organisations are in a position to hire overseas skilled workers in the year 2021.