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

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll