Top 10 facts about the post-Brexit immigration system
After months of hesitations we ultimately have an image evolving of what the post-Brexit immigration system will seem like. We have identified for some time that after we exit the EU on 29 March 2019, the strategy is to go in a transition period until 31 December 2020 which will let EU nationals and their family members being able to reside and work in the UK basically on the similar basis as they do currently.
But then again what lies further than that was until lately a matter of assumption. Some advancement has now been compelled. A few weeks ago the Migration Advisory Committee published its long anticipated report into the impact of EU workers on the UK economy which created a series of proposals for modeling the modern system.
The talks made by Theresa May and Home Secretary Sajid Javid at the Conservative party meeting over the past few days have given robust signals of how thoroughly they aim to shadow the MAC report and what the soon to be issued immigration White Paper may comprise.
Loads of doubt remains. The Brexit talks may still result in meaningful compromises to the European Union on immigration entitlements for its residents, and even the changeover period from March to 2019 obliges EU agreement. Six months is also a lengthy time in politics — a Jeremy Corbyn or Boris Johnson immigration strategy would be unusual again.
So what assumptions can we picture about what the post-Brexit (if it ensues) immigration system will look like?
1) EU free movement will terminate
This will not come as too much of a jolt as we have been warned of this for some time. Theresa May has repetitively said since the referendum that the Brexit that she desires will signify the end to free movement of individuals under EU law. The MAC has agreed, as it cannot be certain that free movement assists UK residents. Both Theresa May and Sajid Javid have upheld this line in their convention speeches so a structure of immigration controls and limitations for EU citizens is extremely possible post 2020.
2) Same rules for EU and non-EU workers
The impression of an equal playing field between EU and non-EU workers initially appeared in early 2018 and was discussed earlier. This suggests that EU nationals will no longer be able to begin employment in the UK just by handing over their passport and will have to get into a visa system to seek work.
The MAC determined that there was no economic explanation for EU nationals to have special rights to get an employment in the UK and Theresa May has long established that she aims to form one integrated procedure for all immigrants desiring to seek employment in the UK. Post 2020, workforce from France and Germany will be on an equivalent footing to those looking for work from India, Australia or the USA for example (except if their government have conferred a valuable commerce treaty– for more on this see fact number ten later in the video).
3) Priority will be given to Highly skilled workers
So what will this one “integrated” system appear like? Well, there has been much dialog at the Conservative party conventions of the new system being “skills based”. Straightforwardly put, that means that entree to the UK jobs market will only be approved if an EU national can prove they are taking up a highly skilled position.
In essence we are discussing about a work permit system and the modern repetition of this, Tier 2 of the Points Based System.
4) Fewer difference in the new immigration system and the current Immigration Rules
The government has a once-in-a-generation chance to consider the Points Based System, tear it up and begin again. Regrettably it appears the government will bottle it, as hints are that will follow the absence of objectives presented by the MAC and merely fiddle with the current policies for Tier 2 visas. The impression is to make entry easier for companies and workforces to incorporate the outpouring of new users of the structure post 2020.
There are hints that Mr Javid would like to be braver. He said at conference that Brexit will afford the opportunity to “design the immigration system almost from scratch”. Should his apparent bid for the leadership be successful, a bolder post-Brexit approach could become more likely.
5) The Tier 2 cap is likely to be removed
The MAC wishes to get rid of the yearly quota on Tier 2 visas and Mr Javid seems to approve. The government appears finally to be convinced that it has no actual place in today’s modern immigration system and that the movement of international workers can best be constrained by salary and skill levels. Gratefully, it would seem that the cap’s days are numbered.
6) Tier 2 Access to be expanded for Employers and Employees
If the MAC’s references are trailed to the letter then we are likely to see considerable modifications to Tier 2. This would open it up to mediocre skilled workers and lessen the organizational load for companies desiring to operate the system.
This will be attained by reducing the minimum skill level for Tier 2 lowering from NQF level 6 (degree level) to NQF level 3 (GCSE level). The committee also proposed sparring the feared Resident Labour Market Test, as salary limits are an improved way to put off employers demoralizing local workforce. Functional thoughts, but it continues to be perceived how the Tier 2 and sponsorship systems will be able to cope with the boosted numbers of workers and employers wanting to use them.
7) Same visa route for low skilled work
The highly debatable bit of the fact is that there will not be common provision for low skilled workers in the new immigration system. The MAC forbid the idea, expressing that it did not see how it helped the UK economy.
Theresa May has validated this approach. She has signaled that there will be no exclusive immunities for low skilled work other than for seasonal agricultural workers, for which a model is currently in progress. The Prime Minister confirms that some industries may be unfavorably crushed but has seemed eager to shadow the MAC’s line that this suggests a reason to train up established workers.
With the protest from businesses who depend on on low skilled labour rising, it is possible that some compromises may be rendered, exceptionally for the social care segment, so this is very much vague.
8) Extension of Tier 5 Youth Mobility Scheme
Even if a low skilled worker visa does sooner or later appear, we are expected to see a growth in the profile of the Tier 5 Youth Mobility visa. Even though not initially designed to supply companies with migrant workers, this visa path has been named-dropped frequently by government and the MAC as the answer for employers who depend on on low skilled workers.
This visa permits individuals aged under 31 from a hand-picked group of nations to stay in the UK for two years to work spontaneously for any employer they desire. The possible idea is that this scheme will be stretched to European countries in confidence that it will boost up the low skilled workers who are incompetent to apply for Tier 2.
For this to effort, some alterations to the visa route would be essential. The maintenance obligation for Tier 5 YMS which needs an applicant to have £1,890 in savings ought to be dropped down as it is possible to discourage fresher applicants who can merely get bar positions in France without requiring any money at all.
A worker can only ever have one Tier 5 YMS visa which will be of no use to industries such as Sales and hospitality which depend on seasonal employees who may arrive at the UK for hectic phases of the calendar year and go back home in between employment breaks.
9) Online application for UK nationals before visiting the continent
Theresa May has confirmed that introduction of a procedure of immigration controls and limitations on EU workers will make it tougher for British nationals to take a trip to the continent. It is possible that British nationals will be required to apply for US-style travel approval before they travel, as will EU residents who go to the UK. This is more than speculation: the European Travel Information and Authorisation System (ETIAS) approved law previous month and will be rolled out in the approaching years.
This signifies applying online for approval to enter the EU, even if a complete visa is not required. A fee will be needed to be paid and criminal reports will be verified. This should aid as a valuable reminder that Brexit is not a one way course: whatsoever policies we relate to EU nationals will be dished out to British nationals too.
10) Trade Deal can ditch all the Brexit Facts and Rumors.
The Brexit window has been left exposed for “mobility concessions” to be completed as part of the final Brexit deal, proposing that the thoughts mentioned before may be relaxed subject to the upcoming trade deal struck with the EU. Observing further onward, the same goes for forthcoming trade agreements with non-EU countries after Brexit.
This could indicate to an immigration lawyer’s nastiest nightmare: a scheme which has dissimilar policies reliant on the nation where the migrant is from. The jeopardy is that we end up with an immigration system that is in reality a multifaceted and impracticable chaos.
The immigration white paper is expected soon and an immigration bill will trail at the end of this year. We won’t have to hold on too long to find out whether these assumptions are close to the mark. But with a new Conservative party kingpin, another general election or even another referendum all likely in the near future, nothing is set in stone.
Advancement has been made but we are still a long way from being able to give assurance to businesses and workers about what the upcoming years may hold post-2020.