Brexit Made Simple – Issue 33, NEW GUIDANCE ON THE UK’S PROPOSED “POINTS BASED” IMMIGRATION SYSTEM

What is the issue?

Despite pleas from employers to delay the introduction of the UK Government’s post-Brexit “points based” immigration system because of the coronavirus outbreak, last week Home Secretary Priti Patel chose to quietly publish new “guidance” to stop “lower skilled” workers entering the country. 

Was this decision approved by Boris Johnson?

The Prime Minister was still in the Intensive Care Unit at St Thomas’ Hospital when the 10-page document was released, so this is unknown.

What does the document say?

It confirms that new immigration arrangements will come into effect on 1 January 2021, the day after the Brexit transition period is currently due to end.

It makes clear that EU citizens arriving in the UK from next year will be treated the same as non-EU citizens.

However, the new system will not apply to EU citizens living in the UK on or before 31 December 2020. They and their family members are eligible to apply to the EU Settlement Scheme.

From 1 January 2021, anyone coming to the UK to work will need to demonstrate that:

• they have a job offer from a Home Office approved sponsor
• the job offer is at the required skill level – RQF 3 or above (A Level and equivalent)
• they speak English

In addition:

• if they earn more than the required minimum salary threshold of £25,600, they are eligible to make an application
• if they earn less than the required minimum salary threshold, but no less than £20,480, they may still be eligible if they can demonstrate that they have a job offer in a specific shortage occupation – which includes vets

What about so-called “lower-skilled” workers?

This has caused widespread and understandable outrage.

The document states explicitly: “There will not be an immigration route specifically for those who do not meet the skills or salary threshold for the skilled worker route.”

But won’t that include a huge number of key workers?

Indeed.

Dominic Raab, the UK Foreign Secretary who is currently deputising for Boris Johnson, admitted this last week.

After praising supermarket staff and cleaners, he said: “I think you’ve certainly made us all think long and hard about who the 'key workers' are in our lives."

Others clearly falling into this category would include delivery drivers, farm labourers, care workers, hospital porters, refuse collectors and those employed in food processing, to name just a few.

It is estimated that non-UK nationals currently make up about a sixth of England's 840,000-strong care sector workforce, while one in five employees in the UK's agriculture sector come from overseas.

What has the reaction been?

Nick Thomas-Symonds, Labour’s Shadow Home Secretary, described the new guidance as a "slap in the face" for workers the UK now very much depends on.

He said: “These last few weeks have been a stark reminder, not that one should be needed, of the incredibly important contribution frontline workers make in our communities. Workers like nurses, carers, supermarket staff and refuse collectors are playing a vital role in saving lives and keeping our country running, often at risk to themselves. It will be a slap in the face to many of these workers to see themselves classed as low skilled and unwelcome in Britain.”

Tom Hadley, Director of Policy and Campaigns at the Recruitment and Employment Confederation, called for a “temporary immigration route” in light of the coronavirus pandemic.

He said: “Now is not the right time to plough on with immigration reforms. The national effort needs to be focused on eliminating coronavirus, protecting jobs and getting the economy back on track. The country will recover from this pandemic – and ensuring businesses have the skills they need in future will be essential to the recovery. From carers and cleaners to retail workers and drivers, the current crisis is showing us how much we depend on people at all skill levels. We need a temporary immigration route that meets the needs businesses in every sector of the economy. Post-Brexit and post-virus, this will help businesses succeed and support job and growth here in the UK.”

Has the Government responded to the controversy?

It merely issued a written statement attributed to a “spokesperson.”

It read: “Now that we have left the EU, free movement is coming to an end and we will be introducing a new points-based immigration system from January 2021. We want to give employers as much time as possible to prepare for the new system that will bring in the best and brightest to the UK, which is why we have published this guidance today.”

Did the Home Secretary not comment?

No, she hid away from public scrutiny - which has become an unfortunate habit over recent weeks after she was accused of bullying civil servants.

Anything from Boris Johnson since his release from hospital?

Not specifically, but a video message released on Sunday included warm praise from the Prime Minister for two foreign nurses who – along with several others – he credited with saving his life

Speaking yesterday, his friend and former Tory MP Sir Nicholas Soames (who also happens to be the grandson of Johnson’s political hero Sir Winston Churchill) said that anyone who had experienced such a health scare would re-evaluate what they had done and hope to do.

He said the Prime Minister would now inevitably "think differently" about the care sector, seasonal farm workers and immigrants working in the NHS – amongst others.

We now wait to find out if Sir Nicholas was correct in his analysis.

Dr Jason Aldiss BEM

Managing Director, Eville & Jones

14 April 2020

You can follow me on Twitter @JasonAldiss