For business owners struggling to get to grips with whether or not Brexit will happen and, if so, when and how to prepare their business for a post Brexit world in either a deal or no deal scenario it is hard to keep on top of business immigration news.
The Migration Advisory Committee is the independent body that has the job of advising the government on UK
Immigration policy. In September 2018, the committee produced a report with its recommendations for the UK post-
Brexit Immigration system.
How can OTS Solicitors help?
OTS Solicitors specialise in
business immigration law and are experts in securing
Tier 2 (General) Visas and advising employers on the UK Shortage Occupation List and obtaining Sponsor Licences.
OTS Solicitors are recommended for
Immigration law in the Legal 500 directory of leading UK lawyers. OTS Solicitors have Law Society accredited solicitors status as trusted specialists in
Immigration law.
The 2018 Migration Advisory Committee report
The essential points in the 2018 Migration Advisory Committee report were:
• Immigration Rules would not distinguish between EU citizens and non-EU citizens after Brexit and the end of free movement;
• The removal of the Resident Labour Market Test for the recruitment of migrant workers;
• For skilled jobs, a salary threshold that the MAC said should be set at £30,000 per year for skilled Tier 2 (General) Visa applicants. The MAC did not recommend any regional variations in salary thresholds to take into account costs of living in different regions.
The government White Paper
In December 2018, the government released its long anticipated White Paper on the UK’s future skills-based
Immigration system. Whilst the government White Paper accepted the majority of the MAC’s proposals, the government said that it would consult over the proposed £30,000 salary threshold. The government also said it would ask the MAC to keep the salary threshold under review.
The government has now completed its initial consultations and last week asked the Migration Advisory Committee to reconsider the UK
Immigration salary requirements.
The 2020 Migration Advisory Committee report
The Migration Advisory Committee has been asked to consider and report on:
• The salary threshold; and
• Whether there should be a single salary threshold or regional variations; and
• Whether there should be a salary threshold in combination with a “going rate for the job” requirement or simply a “going rate for the job” requirement; and
• Whether there should be exemptions to salary thresholds for migrants who are taking up shortage occupation jobs or in public service.
• Some of the concerns expressed about current and anticipated post Brexit skill shortages and the potential impact on the UK economy; and
• Representations over how a UK wide £30,000 migrant salary requirement would work in practice in a post Brexit world, with the end of free movement and the capture of EU migrant workers into Immigration control systems.
The visa salary threshold, whilst only one strand of
Immigration control, is irksome to employers seeking to recruit migrant workers in a UK economy where there is low un
Employment and where many job vacancies cannot be filled.
Current minimum salary thresholds apply to
Tier 2 (General) Visa applicants that are eligible and are £30,000 per year for skilled or experienced workers and £20,800 per annum for graduates. Many industries and regional business forums say that these salary levels are too high and that the problems will be compounded with the end of free movement and the inclusion of EU citizens into
Immigration control measures.
The Migration Advisory Committee is due to report in January 2020. That is in time for the government to consider its further report before finalising and rolling out its new
Immigration system, which is due to start to be implemented in 2021.
In the meantime business owners, campaigners and the
best London immigration solicitors are continuing to make representations about the migrant salary threshold and whether the current proposals are “fit for purpose” in the anticipated post
Brexit economic climate that business owners, both small SMEs and multi-nationals, may experience in the UK.
The phrase “Britain is open for business” has been bandied about by many politicians whilst talking about
Brexit. However, business owners and
top London immigration solicitors will have to await the next MAC report to see what the new Migration Advisory Committee recommendations are on salary thresholds for migrant workers.
How can OTS Solicitors help?
OTS Solicitors regularly advise on
Tier 2 (General) Visa applications and the UK Shortage Occupation List. The
business immigration team has substantial expertise in securing
Tier 2 (General) Visas.
OTS Solicitors are recommended for
Immigration law in the Legal 500 directory of leading UK lawyers. OTS Solicitors have Law Society accredited solicitors status as trusted specialists in
Immigration law.
For more information on Tier 2 Visas or any other aspect of immigration law please call us on 0203 959 9123 to arrange an appointment to speak to one of our experienced London immigration solicitors.