White Paper outlines post-Brexit rules for Migrants

December 20, 2018

The UK government has published a White Paper detailing plans for the post-Brexit UK immigration system which is expected to be implemented from 1 January 2021. The much delayed White Paper – a document setting out proposed new immigration laws before they are formalised into a Government bill.

The White Paper proposes an immigration system based on skills and experience rather than country of origin. The White Paper includes the following proposals:

  • Reviewing the Salary Threshold: The White Paper confirms that a public consultation on the current minimum salary requirement of £30,000 for Tier 2 (General) Visa applications will be reviewed. It is this point which would appear to be the catalyst for a delay on the release of the White Paper.
  • Removing the Tier 2 Quota: The White Paper accepts a recommendation from the independent Migration Advisory Committee to scrap the current limit of 20,700 per year on workers classed as high-skilled coming to the UK using “Tier 2” visas. The quota was reached for the monthly allocation between December 2017 and July 2018.
  • Removing the need to Advertise under Tier 2 (General): The White Paper proposes to remove the requirement for employers to complete the Resident Labour Market Test before sponsoring a migrant under the Tier 2 (General) Visa category.
  • New Visa for Low-Skilled Workers: The White Paper proposes to create a new visa category for low-skilled workers permitting for the visa to be granted for up to 12 months. There will be a “cooling off period” after a year, meaning people will be expected to leave the UK and not reapply for a further 12 months.
  • No Visa for EU Visitors: The White Paper outlines that EU nationals would be permitted to enter the UK for short-term trips as tourists or business visitors without a formal visa.

This article has been produced for general information purposes and further advice should be sought from a professional advisor. Immigration is a complex area of law for both corporates and individuals. Please contact our Immigration Law Team at Cleaver Fulton Rankin for further advice or information.

Conor McCrory, Associate, Immigration Law Team, Cleaver Fulton Rankin, Solicitors.