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The UK's points-based immigration system is Back
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<blockquote data-quote="lodbrok" data-source="post: 25170193" data-attributes="member: 558599"><p><span style="font-size: 15px">19. We have committed to expanding the pilot scheme for seasonal workers in agriculture which will be quadrupled in size to 10,000 places. The UK also enjoys youth mobility arrangements with eight countries and territories which results in around 20,000 young people coming to the UK each year. Both routes will provide employers with further ongoing flexibility in employing individuals into lower-skilled roles.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">Students and specialist occupations</span></p><p><span style="font-size: 15px">20. Students will be covered by the points-based system. They will achieve the required points if they can demonstrate that they have an offer from an approved educational institution, speak English and are able to support themselves during their studies in the UK.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">21. Under the current immigration rules, there are a range of other immigration routes for specialist occupations, including innovators, ministers of religion, sportspeople and to support the arts. Our broad approach for January 2021 will be to open existing routes that already apply to non-EU citizens, to EU citizens (the current ‘Tier 5’).</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">Other routes</span></p><p><span style="font-size: 15px">22. The rules for family reunion, asylum and border crossing checks are outside of the points-based system. However, they will remain integral to the transformation of the UK’s new immigration system programme.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">23. In addition, we will continue our generous visitor provisions, but with simplified rules and guidance. We expect to treat EU citizens as non-visa nationals meaning they can come to the UK as visitors for six months without the need to obtain a visa. We will also unilaterally allow EU citizens to continue to use e-gates, but we will keep this policy under review. There will be no change to the arrangements for the Common Travel Area.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">24. The future system will also deliver on ‘Mode 4’ commitments for temporary service suppliers, in line with existing and future trade agreements. 2 Individuals will achieve the required points if they meet the requirements for the specific routes.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">25. We will not be creating a dedicated route for self-employed people. We recognise that there are several professions where there is a heavy reliance on freelance workers. They will continue to be able to enter the UK under the innovator route and will in due course be able to benefit from the proposed unsponsored route. The UK already attracts world class artists, entertainers and musicians and we will continue to do so in the future. The UK’s existing rules permit artists, entertainers and musicians to perform at events and take part in competitions and auditions for up to six months. They can receive payment for appearances at certain festivals or for up to a month for a specific engagement, without the need for formal sponsorship or a work visa.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">Criminality</span></p><p><span style="font-size: 15px">26. From the end of the transition period we will introduce a single, consistent and firmer approach to criminality across the immigration system. We will apply this to everyone seeking to come to the UK, wherever they are from. Currently, EU citizens are subject to different thresholds for criminality than those from the rest of the world. Existing UK rules for non-EU citizens are both stricter and more specific. The application of the current EU public policy test is less certain and predictable in practice than we would like.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">The visa process</span></p><p><span style="font-size: 15px">27. People coming to the UK from any country in the world for the purpose of work or study, other than some short-term business visitors and short-term students, will need to obtain a visa for which they will pay a fee. We will levy the Immigration Skills Surcharge on employers and the Immigration Health Surcharge on the same basis as now. For employers sponsoring skilled migrants, the process will be streamlined to reduce the time it takes to bring a migrant into the UK by up to eight weeks. We intend to further reduce this through additional enhancements to the system.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">28. Migrants will make their application online and most EU citizens will enrol facial biometrics using smartphone self-enrolment; fingerprints will not initially be required. Non-EU citizens will submit biometrics at a Visa Application Centre, as they do now. All migrants will need to comply with the UK’s strict criminality rules.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">29. Most EU citizens will be issued with an e-visa which confirms their right to be in the UK. The online checking service will be used by EU citizens to demonstrate their immigration status and their rights and entitlements, where permitted, when accessing work and services. For many EU citizens, their status will automatically be available when seeking to access benefits or the NHS. Non-EU citizens, including those who are the family members of EU citizens will, for the time being, continue to be provided with physical evidence of their status. Access to income-related benefits will be the same for EU and non-EU citizens arriving after January 2021; it will only be permitted after indefinite leave to remain is granted, usually available after five years of continuous residence. There will be exceptions for those who arrive outside of the points-based system. Ensuring migrants can evidence their status is at the heart of our new system and underpins an approach to compliance that is fair and robust when responding to those that abuse our hospitality.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">30. EU citizens living in the UK by 31 December 2020 are eligible to apply to the EU Settlement Scheme and will have until 30 June 2021 to make an application. As a transition measure, employers, landlords and public service providers will continue to accept the passports and national identity cards of EU citizens as evidence of permission during this period, up until 30 June 2021.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">31. We intend to open key routes from Autumn 2020, so that migrants can start to apply ahead the system taking effect in January 2021. Employers not currently approved by the Home Office to be a sponsor should consider doing so now if they think they will want to sponsor skilled migrants, including from the EU, from early 2021.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">32. Annex A sets out the typical user journey for a migrant entering the UK, regardless of whether they are an EU or non-EU citizen.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">Crossing the border</span></p><p><span style="font-size: 15px">33. Our vision for our border system is to both protect the public and enhance prosperity. We will continue to invest in biometrics and technology which will improve security and the passage of legitimate travellers through the border. This transformation will result in a fully digital end to end customer journey, requiring everyone (except Irish nationals) to seek permission in advance of travel.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">34. We intend to phase out the use of insecure identity documents for newly arriving migrants and will set out further details on this shortly. This means most migrants will use a passport when arriving at the border. The citizens of Australia, Canada, Japan, New Zealand, the United States of America, Singapore and South Korea, who possess biometric passports, will continue to be able to use e-gates to pass through the border on arrival. We will also unilaterally allow EU citizens to continue to use e-gates, but we will keep this policy under review.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">Engagement and outreach</span></p><p><span style="font-size: 15px">35. The government, in delivering on its manifesto commitments, has considered relevant views, evidence, and analysis in finalising this policy.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">36. A programme of engagement will begin in March 2020 to raise awareness of the new system, ensuring those affected by the changes are fully aware of what it means for them and understand how the system will operate. We will also work closely with stakeholders to understand their views on the implementation of the points-based system.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">37. Engagement will be via multiple methods, across the whole of the UK, and will focus upon those sectors most impacted including small and medium sized enterprises. We will build on the success and experience of implementing the EU Settlement Scheme with opportunities for face to face engagement with officials, who will go to every region of the UK, alongside traditional communication and media channels. We will work with key countries around the world, including EU Member States, to explain how the new system will operate.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">MAC analysis of a points-based system, and salary thresholds for immigration</span></p><p><span style="font-size: 15px">38. In its latest report, the MAC modelled the impact of salary and skills thresholds on the EEA migrant population. It estimated that, under their recommendations, around 70% of resident EEA citizens arriving in the UK since 2004 would be found ineligible for either a skilled-work, family or Tier 4 visa given their current (2016-18) characteristics. The MAC suggest that these changes could bring both costs and benefits to the UK, and highlight ‘estimated impacts at the macro level are small’.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">39. Although the MAC modelling is based on the stock of migrants (and is a ‘backwards-looking’ approach) it is important to note that EEA citizens who came after 2004 will have a right to remain in the UK. Although the MAC expect an increase in non-EEA migration, given the difficulties in forecasting migration flows it did not attempt to predict future non-EEA migration flows. These will be affected by a wide range of factors including and beyond migration policy.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">40. The MAC modelling gives a broad overview of impacts but does not include detailed eligibility rules within each route – for example the impact of any additional fees or changes to administration costs which will affect behaviour.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">41. More detailed analysis on the points-based system and individual routes will be published shortly.</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">UK Government</span></p><p><span style="font-size: 15px">Annex A: Migrant journey from January 2021</span></p><p><span style="font-size: 15px">Step Journey stage Migrant actions</span></p><p><span style="font-size: 15px">1 Planning to come EU citizens and non-visa nationals will not require a visa to enter the country when visiting. All migrants looking to enter the UK for other reasons (such as work or study) will need to apply for permission in advance. Those who come to the UK as a visitor will need to leave the country before making an application to another route.</span></p><p><span style="font-size: 15px">2 Getting permission For those who need a visa, migrants will make their application online. Most EU citizens will complete their application online, while non-EU citizens will continue to go to Visa Application Centres (VACs) to enrol their biometrics.</span></p><p><span style="font-size: 15px">3 Crossing the UK border Citizens of Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA, who possess biometric passports, will continue to be able to use e-gates to pass through the UK border either as a visitor or with prior permission. We will also unilaterally allow EU citizens to continue to use e-gates, but we will keep this policy under review. Others will need to see a Border Force officer.</span></p><p><span style="font-size: 15px">4 Living in the UK EU citizens will use the online checking service to demonstrate their immigration status and their rights and entitlements, where permitted, when accessing work and services in the UK. For many EU citizens, their status will automatically be available when seeking to access benefits or the NHS. Non-EU citizens will continue to use their physical documentation.</span></p><p><span style="font-size: 15px">5 Leaving the UK Leaving the UK after leave has expired, or not leaving at all when required to, will impact a migrant’s immigration status and will affect future interactions with UK immigration.</span></p><p><span style="font-size: 15px">In most cases, references throughout this paper to citizens of the European Union also relate to citizens of the European Economic Area and Switzerland. ↩</span></p><p><span style="font-size: 15px"></span></p><p><span style="font-size: 15px">Mode 4 refers to commitments that the UK takes in free trade agreements in respect of the temporary entry and stay of business persons. These commitments typically cover business visitors, intra-company transfers and contractual service suppliers and independent professionals. The UK implements its existing commitments through the Immigration Rules applied to non-EU citizens. ↩</span></p></blockquote><p></p>
[QUOTE="lodbrok, post: 25170193, member: 558599"] [SIZE="4"]19. We have committed to expanding the pilot scheme for seasonal workers in agriculture which will be quadrupled in size to 10,000 places. The UK also enjoys youth mobility arrangements with eight countries and territories which results in around 20,000 young people coming to the UK each year. Both routes will provide employers with further ongoing flexibility in employing individuals into lower-skilled roles. Students and specialist occupations 20. Students will be covered by the points-based system. They will achieve the required points if they can demonstrate that they have an offer from an approved educational institution, speak English and are able to support themselves during their studies in the UK. 21. Under the current immigration rules, there are a range of other immigration routes for specialist occupations, including innovators, ministers of religion, sportspeople and to support the arts. Our broad approach for January 2021 will be to open existing routes that already apply to non-EU citizens, to EU citizens (the current ‘Tier 5’). Other routes 22. The rules for family reunion, asylum and border crossing checks are outside of the points-based system. However, they will remain integral to the transformation of the UK’s new immigration system programme. 23. In addition, we will continue our generous visitor provisions, but with simplified rules and guidance. We expect to treat EU citizens as non-visa nationals meaning they can come to the UK as visitors for six months without the need to obtain a visa. We will also unilaterally allow EU citizens to continue to use e-gates, but we will keep this policy under review. There will be no change to the arrangements for the Common Travel Area. 24. The future system will also deliver on ‘Mode 4’ commitments for temporary service suppliers, in line with existing and future trade agreements. 2 Individuals will achieve the required points if they meet the requirements for the specific routes. 25. We will not be creating a dedicated route for self-employed people. We recognise that there are several professions where there is a heavy reliance on freelance workers. They will continue to be able to enter the UK under the innovator route and will in due course be able to benefit from the proposed unsponsored route. The UK already attracts world class artists, entertainers and musicians and we will continue to do so in the future. The UK’s existing rules permit artists, entertainers and musicians to perform at events and take part in competitions and auditions for up to six months. They can receive payment for appearances at certain festivals or for up to a month for a specific engagement, without the need for formal sponsorship or a work visa. Criminality 26. From the end of the transition period we will introduce a single, consistent and firmer approach to criminality across the immigration system. We will apply this to everyone seeking to come to the UK, wherever they are from. Currently, EU citizens are subject to different thresholds for criminality than those from the rest of the world. Existing UK rules for non-EU citizens are both stricter and more specific. The application of the current EU public policy test is less certain and predictable in practice than we would like. The visa process 27. People coming to the UK from any country in the world for the purpose of work or study, other than some short-term business visitors and short-term students, will need to obtain a visa for which they will pay a fee. We will levy the Immigration Skills Surcharge on employers and the Immigration Health Surcharge on the same basis as now. For employers sponsoring skilled migrants, the process will be streamlined to reduce the time it takes to bring a migrant into the UK by up to eight weeks. We intend to further reduce this through additional enhancements to the system. 28. Migrants will make their application online and most EU citizens will enrol facial biometrics using smartphone self-enrolment; fingerprints will not initially be required. Non-EU citizens will submit biometrics at a Visa Application Centre, as they do now. All migrants will need to comply with the UK’s strict criminality rules. 29. Most EU citizens will be issued with an e-visa which confirms their right to be in the UK. The online checking service will be used by EU citizens to demonstrate their immigration status and their rights and entitlements, where permitted, when accessing work and services. For many EU citizens, their status will automatically be available when seeking to access benefits or the NHS. Non-EU citizens, including those who are the family members of EU citizens will, for the time being, continue to be provided with physical evidence of their status. Access to income-related benefits will be the same for EU and non-EU citizens arriving after January 2021; it will only be permitted after indefinite leave to remain is granted, usually available after five years of continuous residence. There will be exceptions for those who arrive outside of the points-based system. Ensuring migrants can evidence their status is at the heart of our new system and underpins an approach to compliance that is fair and robust when responding to those that abuse our hospitality. 30. EU citizens living in the UK by 31 December 2020 are eligible to apply to the EU Settlement Scheme and will have until 30 June 2021 to make an application. As a transition measure, employers, landlords and public service providers will continue to accept the passports and national identity cards of EU citizens as evidence of permission during this period, up until 30 June 2021. 31. We intend to open key routes from Autumn 2020, so that migrants can start to apply ahead the system taking effect in January 2021. Employers not currently approved by the Home Office to be a sponsor should consider doing so now if they think they will want to sponsor skilled migrants, including from the EU, from early 2021. 32. Annex A sets out the typical user journey for a migrant entering the UK, regardless of whether they are an EU or non-EU citizen. Crossing the border 33. Our vision for our border system is to both protect the public and enhance prosperity. We will continue to invest in biometrics and technology which will improve security and the passage of legitimate travellers through the border. This transformation will result in a fully digital end to end customer journey, requiring everyone (except Irish nationals) to seek permission in advance of travel. 34. We intend to phase out the use of insecure identity documents for newly arriving migrants and will set out further details on this shortly. This means most migrants will use a passport when arriving at the border. The citizens of Australia, Canada, Japan, New Zealand, the United States of America, Singapore and South Korea, who possess biometric passports, will continue to be able to use e-gates to pass through the border on arrival. We will also unilaterally allow EU citizens to continue to use e-gates, but we will keep this policy under review. Engagement and outreach 35. The government, in delivering on its manifesto commitments, has considered relevant views, evidence, and analysis in finalising this policy. 36. A programme of engagement will begin in March 2020 to raise awareness of the new system, ensuring those affected by the changes are fully aware of what it means for them and understand how the system will operate. We will also work closely with stakeholders to understand their views on the implementation of the points-based system. 37. Engagement will be via multiple methods, across the whole of the UK, and will focus upon those sectors most impacted including small and medium sized enterprises. We will build on the success and experience of implementing the EU Settlement Scheme with opportunities for face to face engagement with officials, who will go to every region of the UK, alongside traditional communication and media channels. We will work with key countries around the world, including EU Member States, to explain how the new system will operate. MAC analysis of a points-based system, and salary thresholds for immigration 38. In its latest report, the MAC modelled the impact of salary and skills thresholds on the EEA migrant population. It estimated that, under their recommendations, around 70% of resident EEA citizens arriving in the UK since 2004 would be found ineligible for either a skilled-work, family or Tier 4 visa given their current (2016-18) characteristics. The MAC suggest that these changes could bring both costs and benefits to the UK, and highlight ‘estimated impacts at the macro level are small’. 39. Although the MAC modelling is based on the stock of migrants (and is a ‘backwards-looking’ approach) it is important to note that EEA citizens who came after 2004 will have a right to remain in the UK. Although the MAC expect an increase in non-EEA migration, given the difficulties in forecasting migration flows it did not attempt to predict future non-EEA migration flows. These will be affected by a wide range of factors including and beyond migration policy. 40. The MAC modelling gives a broad overview of impacts but does not include detailed eligibility rules within each route – for example the impact of any additional fees or changes to administration costs which will affect behaviour. 41. More detailed analysis on the points-based system and individual routes will be published shortly. UK Government Annex A: Migrant journey from January 2021 Step Journey stage Migrant actions 1 Planning to come EU citizens and non-visa nationals will not require a visa to enter the country when visiting. All migrants looking to enter the UK for other reasons (such as work or study) will need to apply for permission in advance. Those who come to the UK as a visitor will need to leave the country before making an application to another route. 2 Getting permission For those who need a visa, migrants will make their application online. Most EU citizens will complete their application online, while non-EU citizens will continue to go to Visa Application Centres (VACs) to enrol their biometrics. 3 Crossing the UK border Citizens of Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA, who possess biometric passports, will continue to be able to use e-gates to pass through the UK border either as a visitor or with prior permission. We will also unilaterally allow EU citizens to continue to use e-gates, but we will keep this policy under review. Others will need to see a Border Force officer. 4 Living in the UK EU citizens will use the online checking service to demonstrate their immigration status and their rights and entitlements, where permitted, when accessing work and services in the UK. For many EU citizens, their status will automatically be available when seeking to access benefits or the NHS. Non-EU citizens will continue to use their physical documentation. 5 Leaving the UK Leaving the UK after leave has expired, or not leaving at all when required to, will impact a migrant’s immigration status and will affect future interactions with UK immigration. In most cases, references throughout this paper to citizens of the European Union also relate to citizens of the European Economic Area and Switzerland. ↩ Mode 4 refers to commitments that the UK takes in free trade agreements in respect of the temporary entry and stay of business persons. These commitments typically cover business visitors, intra-company transfers and contractual service suppliers and independent professionals. The UK implements its existing commitments through the Immigration Rules applied to non-EU citizens. ↩[/SIZE] [/QUOTE]
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