The points-based immigration system from 1 December 2020 for employment lawyers

The following Employment practice note provides comprehensive and up to date legal information covering:

  • The points-based immigration system from 1 December 2020 for employment lawyers
  • Skilled workers
  • Qualification requirements
  • Sponsorship
  • Shortage Occupation List
  • Intra-Company Transfer
  • Sportsperson
  • Minister of Religion
  • Investor
  • Start-up
  • More...

The points-based immigration system from 1 December 2020 for employment lawyers

On 22 October 2020, the Home Office issued a substantial Statement of Changes in Immigration Rules HC 813 (‘Statement of Changes HC 813’), along with an Explanatory Memorandum. The Statement implements many categories of what the Home Office calls the ‘Future Points-Based Immigration System’. Most changes came into effect on 1 December 2020.

The Statement of Changes HC 813 represents the first main stage in the Home Office’s plans to simplify the Immigration Rules, where most immigration routes have been amended/added in a new consolidated style, in line with some of the Law Commission’s recommendations. The Home Office in its Explanatory Memorandum states that:

‘Where a route is being simplified, it is added to the rules as an Appendix. This avoids the need for complex cross-references where possible. This is a transitional measure and when the Immigration Rules are fully consolidated and simplified, the routes will be in the body of the rules as separate Parts.’

This Practice Note provides a high-level summary of the points-based system in place from 1 December 2020 for non-EEA nationals and from 1 January 2021 for EEA nationals who are not covered by the EU Settlement Scheme.

Skilled workers

Qualification requirements

The route for skilled workers replaces ‘Tier 2 (General)’ from 1 December 2020 in respect of workers who have a job offer from

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