Understanding the Impact of Brexit on Tier 2 and Tier 5 Visas in the UK
Brexit, the process of the United Kingdom leaving the European Union, has introduced significant changes in immigration policies, particularly affecting Tier 2 and Tier 5 visa holders. This article aims to clarify the impact of the deal (or the lack thereof) on these visa categories, ensuring that individuals and organizations are fully informed about the latest developments.
What is the Current Status of Brexit and Visa Policies?
The deal or no deal scenario has not led to any direct changes in visa requirements for those already in the UK under Tier 2 and Tier 5 visa categories. However, it is essential to understand the broader context of the post-Brexit immigration framework. The UK government has introduced new points-based immigration system to regulate entry and stay for non-EEA nationals. This system has considerable implications for both Tier 2 and Tier 5 categories.
The Impact on Tier 2 Visa Holders
Tier 2 is primarily concerned with skilled workers, including those in IT, finance, healthcare, and legal sectors. The deal or no deal scenario has not changed the existing framework for these visa holders. However, the new points-based system has introduced additional complexity and requirements. Here’s how Tier 2 visa holders are affected:
1. Sponsorship Requirements
The scheme now requires employers to be named sponsors to process Tier 2 visa applications. Employers need to register with UK Visas and Immigration (UKVI) and demonstrate the ability to pay the Immigration Health Surcharge (IHS) on behalf of the employee. This adds a layer of administrative burden for both employers and employees.
2. Points-Based System
The new points-based system has established a cap on the number of skilled workers that can enter the UK annually. Entering Tier 2 requires meeting certain criteria such as earning a minimum salary, securing sponsorship, and passing a language test if required. This system is designed to ensure that jobs are filled by UK nationals or permanent residents first.
3. Job Offer and Salary
A job offer from a registered Tier 2 sponsor is a must for Tier 2 visa applications. Employers must demonstrate that they cannot find a suitable UK national for a given role. Additionally, the applicant must earn a minimum salary, which varies based on the type of job and the sector. This minimum salary threshold is intended to protect lower-skilled workers.
The Impact on Tier 5 Visa Holders
Tier 5 visa is used for different categories such as cultural workers, athletic performers, social entrepreneurs, and Charity Workers. The deal or no deal scenario has not directly affected these visas. However, changes in the broader immigration framework may still impact some aspects of Tier 5 visas.
1. New Categories and Restrictions
Since Brexit, the UK government has revised and stratified the Tier 5 categories to better align with current immigration priorities. For instance, religious workers and short-term study exchange workers have new conditions and cap limitations. Understanding the specific terms for each category is crucial for maintaining legal status.
2. Changes in Sponsorship and Recognition
For Tier 5 sponsors, the responsibilities and requirements have increased. The government has introduced stricter controls on who can be sponsored and for how long. This includes verifying evidence of the authenticity and recognition of the host organization or entity.
3. Post Study Work Visas
One significant change for Tier 5 visa holders is the relaxation of post-study work rules. Previously, post-study work was limited to employers that received a positive endorsement. Now, the government has relaxed these rules, allowing more flexibility for those wishing to convert their Tier 5 (General) visa to a Skilled Worker visa (Tier 2).
What About Those Who Arrive in the UK Without a Visa?
It’s important to note that the deal or a no-deal Brexit scenario has not changed the rules for individuals entering the UK without a visa as part of the EU free movement of people. These individuals will still be subject to the existing legal requirements, which may change over time based on ongoing negotiations and legislation.
Conclusion
In conclusion, while the deal or no-deal Brexit scenario has not directly affected Tier 2 and Tier 5 visa holders, it is essential to stay informed about the evolving immigration policies to ensure compliance. Understanding the nuances of the new points-based system and sponsor responsibilities can help navigate the complex landscape of UK immigration law effectively.
Keywords: Brexit, Tier 2 Visa, Tier 5 Visa