The Home Office launches new points based immigration system for the UK

On Wednesday 19 February, 2020, UK Home Secretary Priti Patel launched a new “points based” immigration system which will take effect from 1 January 2021. The new scheme delivers on the Conservative party’s electoral promise to end free movement and lower the levels of immigration into the UK – both key ‘vote leave’ campaign promises in the 2016 referendum on Britain’s membership of the European Union.
Under the new plans, overseas citizens will only be allowed to live and work in the country if they can acquire the set level of points – 70 points or higher. To secure 70 points, overseas citizens will require a job offer (20 points), Have a job offer that is at a “required skill level” (20 points), be able to speak English (10 points) and – in most cases – be earning a salary of £25,600 of above (10 points). Prospective immigrants will then have to secure an additional 20 points from any one of a variety of characteristics.

UK Immigration points table

Source: Home Office
Characteristic Essential Points
Offer of job by approved sponsor Yes 20
Job at appropriate skill level Yes 20
Speaks English at required level Yes 10
Salary of £20,480 (minimum) – £23,039 No 0
Salary of £23,040 – £25,599 No 10
Salary of £25,600 or above No 20
Job in a shortage occupation (as designated by MAC) No 20
Education qualification: PhD in subject relevant to the job No 10
Education qualification: PhD in a STEM subject relevant to the job No 20

The government argued that this type of scheme will create a new single global system that will treat EU and non-EU citizens equally. The government has also announced that it will stop giving visas to low skilled workers. Although the definition of “skilled” has been reduced to a threshold of anyone educated up to A-level equivalent standard rather that the previously required graduate level. Critics have argued that the plans will lead to shortages of staff in vital areas such as the care sector. Exemptions to the low skilled workers rule will still be allowed in some industries at certain times, such as the agricultural industry, who are permitted 10,000 temporary seasonal low-skilled workers to help meet demand.
The proposed closure of UK borders to low-skilled workers has been criticised by a number of charities who argue it risks driving vulnerable EU citizens into modern slavery. They warn the ban will lead to a boom in a black market for low-paid workers that will be exploited by criminals and lead to coercion and abuse.
Barbara Drozdowicz, chief executive of the East European Resource Centre said:

“Even now, as eastern Europeans have full access to labour market, Poles and Romanians are two of five top nationalities who are reported victims of modern slavery in the UK. It is easy to imagine how increasing pressure to drive down labour costs [as the supply of low-skilled workers weakens] will translate into much more severe coercion and abuse.”

Even the 10,000 places provided to the agricultural sector has been criticised for being far below the National Farmers’ Union’s (NFU) demands for temporary visas for 70,000 in 2021.
Priti Patel has argued that the shortages in employment created will be filled by the 8 million Britons of working age currently inactive in the job market. However, this figure has been widely criticised as being misleading at best. 27 % these people are students, 26% say they’re economically inactive because they’re too sick (most of whom have a long-term illness) while 22% are carers or parents who have to look after their children. 13% have taken early retirement.
One of the sectors that is likely to be the worst hit is the social care sector, which already struggles to fill vacancies and is expected to face growing demand as Britain’s population grows. However, the average salary is well below the salary threshold and is not included in the shortage occupation list.
Concern for the NHS is not as high as for the social care sector. The government is promising a fast-track visa scheme for foreign doctors and nurses. Applicants to the NHS will also receive preferential treatment with extra points and no caps on numbers entering. Professions such as nursing will also be included in the shortage-occupation list. However, lower paid staff, such as healthcare assistants and porters could be affected and there are already growing vacancy rates in the NHS – with one in 12 jobs unfilled in England.
The construction sector also relies on foreign migrants for 10% of its workforce – 8% from the EU and 2% from the rest of the world. Major projects such as HS2, a third runway at Heathrow and the proposal of 200,000 new homes per year mean that many construction firms fear there are not enough spare UK workers to fill the gap these new measures create.
The government has also been warned that the high cost of visas – at £1,220 per person and amongst the highest in the world – will deter vital nurses, lab technicians and engineers from coming to work in the country.
Speaking to the Guardian, Lisa Roberts, an immigation lawyer at DLA Piper said:

“The UK fees are sky high. With this sort of outlay, are you going to attract the Spanish nurse or are they going to go to Germany which doesn’t charge anything?”

A report published the IfG suggested that these fees could purposefully be set at a high cost to put applicants off, helping to limit levels of immigration into the country.
Labour’s shadow home secretary, Diane Abbott, said:

“Ultimately, it will also be very difficult to attract the workers we need at all skill levels while the Tories’ hostile environment is in place. It needs to go.” Going on to say: “Talking about immigrants as if they’re a problem is not the sort of leadership that government ought to offer”.