header-logo header-logo

20 December 2018
Categories: Legal News , Brexit , Immigration & asylum
printer mail-detail

Visa shake-up after Brexit

Employment law solicitors have given a mixed reaction to Home Secretary Sajid Javid’s white paper on post-Brexit migration

The white paper, laid in Parliament this week, would let low-skilled migrants work in the UK for one year, sets a controversial £30,000 minimum salary for five-year skilled visas—many skilled professionals including nurses earn less than that—and abolishes both the cap on highly skilled migrants and the resident labour market test which requires employers to advertise jobs for four weeks. EU nationals would not require visas.

Julia Jackson, partner at Wedlake Bell, said: ‘This will both ease the bureaucratic burden on employers and speed up the recruitment process.

‘More broadly it's difficult to see how the Home Office will achieve its twin aims of creating a "business friendly" system minimising the burden on employers while recovering the costs of running the immigration system from those who use it. 

‘The White Paper specifies that employers will pay an immigration skills charge (currently £1,000 per worker per year for large companies reduced to £364 per worker per year for SMEs). In addition overseas nationals will continue to pay the immigration health surcharge (currently £200 per person per year but due to double this month). On top of this are visa fees and the cost of the sponsor licence itself.  For employers who have not yet engaged with the sponsor licence regime the additional costs are likely to be an unwelcome shock.’

Claire Nilson, Counsel at Faegre Baker Daniels, said: ‘The aim seems to be to bring EU nationals seeking to work in the UK post-Brexit in line with non-EU nationals in the same situation.

‘A short term visa option will be available, with fewer restrictions, for all applicants from low risk countries irrespective of their skill level. However, this will come with a one-year cooling off period so that, after the visa expires, the individual is unable to apply to return to the UK during that time period.

‘The short term route would not permit either family members to join the visa applicant in the UK or provide a path for permanent settlement.’

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
back-to-top-scroll