A lot has been noted down about how the authorities will handle EU citizens now living in the UK after Brexit. Nevertheless, enquiries linger over what will come about to those who enter the UK after the transitional phase of Brexit.


The Migration Advisory Committee (“MAC”) issued a report in September stating their suggestions for EEA migrants migrating to the UK after Brexit, numerous of which were authorized by the Conservative party talks in late September and which one would assumed to be taken on board.


Then again what did the MAC report really say? How will the immigration system change afterwards Brexit?


The MAC report suggests that EEA citizens considering to migrate to the UK after Brexit (counting the transitional period) must apply under the present Points Based System. Workers will then be obligated to apply under the Tier 2 route (formerly recognized as work permits).


The MAC report has suggested the government should not expose paths for lower skilled migrants – i.e. the Tier 3 route, but must instead ponder prolonging the Tier 5 Youth Mobility Scheme, if necessary.

Even though a pilot scheme was initiated in August 2018 for temporary seasonal agriculture workers under Tier 5, the MAC report advised that related plots should not be announced for other low skilled jobs.


How will the Tier 2 system handle with the absolute number of applications?


The MAC has forwarded a number of suggestions on how to familiarize the Tier 2 system in order to make it appropriate for objective, ready for the foreseen amplification in Tier 2 migrants. Their proposals comprise of the following:


  1. Eliminate the Resident Labour Market Test:


The Home Office presently necessitates businesses to publicize for the position and test the Resident Labour Market. Only if no appropriate applicant from the Resident Labour Market is found can the employer consider to engage a non-EEA national, except precise exceptions relate.

The main aim of the test is to guard the Resident Labour Market. The MAC report suggests that either the Resident Labour Market Test must be eliminated wholly or the number of individuals relieved from the Resident Labour Market Test should be added.



  1. Confiscate the cap on the number of Restricted Certificates of Sponsorship:


For precise Tier 2 migrants, business are obliged to apply for a Restricted Certificate of Sponsorship (RCoS). RCoS’ are presently reduced to only 20,700 per annum. The demands are ranked reliant on the salary of the migrant. The MAC report suggests eliminating this cap overall.



  1. Reduce the skills level mandatory for the Tier 2 (General) visa to RQF level 3:


This is a substantial drop in the skills level. Under the current Tier 2 (General) rules, a job opening should be a minimum of RQF level 6 (or level 4 under precise situations). The proposal to lessen the skills level could result in plumbers or butchers, for example, can apply under the Tier 2 (General) route.


A skills level lessening could mean that the Tier 2 route would be widened from encircling only highly skilled work to attracting medium skilled work as well.


Although we do not see how much of the MAC report the government authorities will really feature into the immigration rules after the UK departs from the EU, the report’s proposals might be a decent sign of the route the new rules might take.


In the past, the Home Office have frequently integrated many of the recommendations put together by MAC. Nevertheless, with the endlessly shifting political panorama around Brexit, much still remains vague and much will possibly transform in coming months.


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