TPF Q1 2021 - Flipbook - Page 3
MERGERS | AC QUIS IT IONS | RESTRUCTURES
Brexit and Right to Work Reminders*
On 1 January 2021, freedom of movement between the UK and EU ended and a new immigration policy
commenced. So if you currently employ or plan to employ staff from abroad, it’s worth knowing that:
• The UK has introduced a ‘skilled worker’ immigration points system and anyone you want to recruit from outside the UK (excluding Irish
citizens) will now need to apply for permission.
• As an employer, you’ll need to have an approved ‘skilled worker sponsor licence’ for the majority of your hires from outside the UK.
• You will also need to demonstrate that:
o They have a job offer to commence work.
o They can speak English at the required level.
o The job offer is at the minimum required skill level of RQF3 (A level equivalent) or above.
o They’ll be paid at least £25,600 or the ‘going rate’ for the job offer, whichever is higher.
o If the job pays less than this (but no less than £20,480), they may be able to ‘trade’ points on other favourable factors (eg. if they
have a job offer in a highly sought occupation or a PhD relevant to the job).
o For jobs with a salary below £20,480 or at a skill level below RQF3, there’s no general route allowing employers to recruit from
outside the UK.
• The new system doesn’t apply to EEA or Swiss citizens that you already employ in the UK. (However, your employed EEA and/or Swiss citizens
must have obtained settled status (or have proof of application) before June 2021 to continue to work in the UK.)
Remember: employers can be held liable for employing a person without the right to work in the UK, so carrying out right to work
checks is always good practice.
*Correct at time of publication
Right to Work Reminders: Intra-company transfers
If you want to transfer a worker from a part of your overseas business to work for you in the UK, they can
apply via the Intra-Company Transfer route. From 1 January 2021:
• Applicants will need to be existing workers of your overseas business and be able to undertake roles that meet the requisite UK skills and
• They’ll need to be sponsored as an Intra-Company Transfer by a Home Office licensed sponsor.
• They must have 12 months’ experience working in your overseas business (and you must be able to show that the two businesses are
linked by ownership).
• Their role must be at the required skill level of RQF6 or above (graduate level equivalent).
• Their salary must be at least £41,500 or the ‘going rate’ for the job, whichever is higher.
• Permission for workers transferred to the UK on the Intra-Company Transfer route is only temporary. Workers can be assigned to the UK
multiple times, but they cannot stay in the UK for more than 5 years in any 6-year period.
• Workers paid over £73,900 do not need to have worked overseas for 12 months and can stay for up to 9 years in any 10-year period.
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