Has your business been affected by Coronavirus? We can help you receive Government Aid!

Coronavirus has hit the business world hard, and everyone is understandably very worried.

Rishi Sunak has pledged £330bn worth of aid and cuts to help businesses through these uncertain times.

We value all of our clients greatly, and we know that many of them own businesses of various sizes – we will not stop until you get the essential aid you need.

Likewise with new clients, we are prepared to take on everyone who requires legal assistance during these tough times, we will be a pillar for you to lean on.

We are here to get you what you are entitled to!

As the coronavirus is an economic emergency as well as a health one, businesses of all sizes can apply for financial aid.

What is available?

Smaller businesses will be able to access cash grants of up to £25,000 to see them through the crisis.

These grants will be given alongside business rate reductions, meaning that owners will pay less or in some cases nothing at all for use of their business property.

When will it be available?

Sunak said during the coronavirus update yesterday that these measures will be in place next week.

We will be ready to help you get your aid, and will only charge if your case is successful.

Dealing with us is a win-win situation for businesses who need help amid the corona outbreak.

Our fees:

We are keeping the cost of this service to an absolute minimum so that the clients can get the maximum benefit.

Our charge will be as follows:

£150.00 plus VAT on instructions,

Followed by 10% of whatever grant we have claimed or reduced business rate for clients plus VAT, up to a maximum of £500.00 plus VAT.

If we fail to reduce any business rate, or claim any grant, we will refund the £150.00 plus VAT

Please note that, whatever the outcome, we will only charge £500+VAT as an absolute maximum for these cases.

Contact us today!

We are open for business and are taking instructions as usual.

Call on 020 7928 0276, or email into info@lisaslaw.co.uk.

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Budget 2020 – Tackling Coronavirus and Helping the Vulnerable?

Chancellor of the Exchequer Rishi Sunak today unveiled the new Conservative government Budget for 2020.

Sunak’s speech was made confidently despite the added pressure of the coronavirus outbreak and he promised to invest massive amounts of money into the NHS, UK businesses, and environmental issues amongst other things.

This article will focus on what the 2020 Budget does to combat the immediate threat of the coronavirus and how some of the changes are aimed at supporting smaller businesses, those on low-wages and the self-employed.

COVID19: Budget adjustments

Sunak dedicated the first part of his speech to the coronavirus, assuring the public that the main concern of the government is to make sure everyone is ‘healthy and financially secure’ during this tough time.

He re-told some statistics that most of us have heard before, but are no less worrying – such as the fact that one fifth of the UK’s workforce may be off sick due to the coronavirus.

Sunak is setting aside an initial £5bn for the NHS, to make sure that it gets what it needs during this viral outbreak. This money will go towards supporting staff, buying supplies and potentially bringing back recently retired medical staff to help deal with the situation.

More money will be allocated to the NHS if necessary.

Statutory Sick Pay

The coronavirus means more people than usual will be unable to work, that is a simple fact.

Boris Johnson has already announced that SSP will be available to those who must stay home due to having coronavirus symptoms from the first day of sickness (rather than from the usual fourth day of sickness).

Sunak has now confirmed that those choosing to self-isolate, even if they are showing no symptoms, will also be able to claim SSP. This is extended to the self-employed as well.

Also, contributory employment Support Allowance benefit claimants will be able to claim sick pay on day one, not after a week.

What’s more, Sunak has promised that firms with fewer than 250 staff will be refunded for sick pay payments for two weeks.

Hardship fund

Sunak announced a £500 million hardship fund which is to be used by local authorities to help vulnerable people in their areas.

Big news for small businesses

A massive announcement was that business rates will be abolished for firms in the retail, leisure and hospitality sectors with a rateable value below £51,000. This means that these businesses will not need to pay tax on occupying the building which they operate out of. This will be a significant saving for these firms, and will definitely help in terms of making money back up from the losses incurred due to coronavirus.

Where even smaller businesses already do not pay this tax, they will be able to apply for a £3,000 cash grant to aid them through this time.

Coronavirus temporary loan scheme

The temporary scheme, which will cover the cost of salaries and bills, will offer loans of up to £1.2 million to support small and medium-sized businesses.

The government will cover up to 80% of these loans with no fees, meaning banks can lend to businesses with confidence.

Sunak said: “This will unlock up to £1bn of attractive working capital loans to support small businesses, with more as needed.”

Personal taxes and wages

The National Insurance Contributions tax (NIC) threshold will rise from £8,632 to £9,500 – saving people just over £100 a year.

Isolated areas to get better internet connection:

People living in areas which are currently experiencing poor connectivity will see a £5bn investment to improve their service, which the government hopes will improve communication and opportunity within such areas.

Other points to note:

Fuel Duty to be frozen for the 10th consecutive year
Duties on spirits, beer, cider and wine to be frozen for the coming tax year
Business rate discount for pubs will be £5,000, up from £1,000
From January next year there will be no VAT whatsoever on women’s sanitary products.
A new ‘plastics packaging tax’, charging manufactures and importers £200 per tonne on packaging made of less than 30% recycled plastic.

Contact us

These are just some of the main points we have taken from today’s Budget 2020 speech. If you have any questions about how these changes might affect you, or if you need any other legal advice please get in contact today.

Call on 020 7928 0276, or email into info@lisaslaw.co.uk.

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Containment Phase to Continue – Cobra Coronavirus Meeting Confirms

Boris Johnson held another Cobra meeting today to discuss the coronavirus and how the UK plans to handle it.

Those at the meeting, which included leading health experts, Chief Medical Officer Chris Whitty and senior politicians, concluded that the UK should remain in the ‘containment’ phase of its plan.

This means that measures to delay the virus’s spread with “social distancing” tactics will not be introduced yet. This would include closing schools, cancelling large events and encouraging people to work from home.

However, it has been accepted that coronavirus is going to spread ‘in a significant way.’

Sporting events

Some sporting events may have to take place without regular crowds, with people watching on television instead. This has already been taking place during football matches in Italy, and the Six Nations Rugby tournament may be affected once again with the match between France and Ireland likely being postponed.

Travel

Some airlines, including British Airways, Ryanair and EasyJet have cancelled flights to areas that have been affected, such parts of Italy and China.

People travelling from locked-down areas have also been advised to self-isolate if they returned to the UK in the last 14 days – even if they have shown no symptoms.

Travellers from the rest of Italy are only told to self-isolate and call 111 if they have a cough, fever or shortness of breath.

People who have been coming back to the UK from various places, including Italy, have commented on the inconsistent screening measures being conducted at airports. Screenings were taking place on those returning from China when the virus was first beginning to become a major cause for concern, so it seems logical for that to continue for people coming from locations recently deemed significantly affected.

News for UK apprentices

The ‘break in learning’ rule is due to be suspended for trainers who need to take time off due to the coronavirus, the Department for Education has revealed.

Usually, a financial penalty must be paid if an apprentice is unable to learn due to their trainer being absent, but now the coronavirus has forced many people to self-isolate and be cautious where possible, the funding will be protected.

The Department for Education released the latest guidance, which applies to apprentices who have reached gateway and those who have experienced gaps in training to Covid-19 related illness, today.

It stated: “The normal breaks in learning process should be followed and therefore we only need notifying once a break in learning has exceeded four weeks.”

As it stands, four people in the UK have died from Coronavirus and 319 people have tested positive for the disease.

Read our recent articles on the virus here:

Coronavirus Crisis – Your Rights as a Worker

Money worries and travel chaos – Coronavirus saga continues

Contact us:

We are here to help through these uncertain times. If you have any questions feel free to get in contact on 020 7928 0276 or email into info@lisaslaw.co.uk.

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March 5, 2020
Coronavirus, Flybe, News, Policy, Travel

Money worries and travel chaos – Coronavirus saga continues

The number of people in the UK who have tested positive for the coronavirus now stands at 115, and that number is only going to get higher as the days go by.

The outbreak has caused much uncertainty and disruption, especially regarding travel, work and school life.

It has been predicted that, in very unfortunate circumstances, a fifth of the entire UK’s work force could be off work at the same time.

Boris Johnson attempted to shine a light in the darkness yesterday by revealing that everyone who has to stay home to prevent the illness from spreading will be entitled to Statutory Sick Pay (SSP), saying that ‘nobody should be out of pocket for doing the right thing.’

How much is SSP?

Statutory sick pay (SSP) is £94.25 per week and can be paid for up to 28 weeks. To qualify, a worker must earn at least £118 per week and it is traditionally paid from the fourth day of sickness. In the case of the coronavirus, however, SSP will be paid from the first day a worker is off work.

This is good news for most people, but for the self-employed and those on very low wages it is not going to make very much difference.

Money worries

While nobody can deny that SSP is a good thing for most people, it will certainly mean people have less money than they normally would if they were able to work regularly.

Some people may be worried that they will not be able to pay their rent, or make their mortgage repayments. If this is the case, the normal consequence will be that people will lose their homes. They may be repossessed by either landlords or lenders.

In the case of the coronavirus, where so many people are likely to be effected, it is our view that such things are unlikely to happen. Proceedings to seek repossession of properties by landlords on ground of rent arrears are normally carried out under section 8 of the Housing Act 1988. To succeed, landlords will need to prove that it is reasonable for them to repossess the properties. In the event of coronavirus, it is unlikely that the Court will believe that tenants have acted unreasonably by not paying rent due to less income.

Likewise with mortgage repayments, if a person can show that they would have been able to make the payments if not for circumstances created by the coronavirus, it is unlikely that a repossession of their house would take place.

Travel problems

Travelling around has become a real issue, especially in places rife with coronavirus such as China, Iran and Italy.

People will be wondering what they are entitled to when it comes to cancelling their flights. It is not as simple as it seems, there are quite a few possible situations. It all depends on each person’s specific situation.

For example, if you had a flight booked to Wuhan (the region of China where the coronavirus is thought to have originated), it is likely you will get a refund on your ticket as there is an outright ban on going there at the moment.

However, if you had a flight booked to Rome in Italy, but are now not wanting to go due to fears around the coronavirus, you may not get a refund as there is not a ban on going there, and rather you have just changed your mind about going, on paper at least.

Read more about your rights during this time in our recent article: Coronavirus Crisis – Your Rights as a Worker

The collapse of Flybe

The longstanding airline Flybe has gone into administration and has cited the coronavirus outbreak as playing a key factor in its downfall.

Will the cost of that flight be refunded?

A refund from the airline is highly unlikely. Most Flybe travellers bought flight tickets separately, not as part of a package holiday.

That means most will have to rely on a refund from their credit or debit card provider, or possibly by claiming from their travel insurance. It is truly unfortunate for them.

Is a refund through insurance likely?

Well, nearly half of travel insurance policies (49%) have scheduled airline failure cover as standard, with another 19% having it as an optional add-on which costs extra.

The remaining 32% of policies do not have scheduled airline failure cover, so people on these kinds of policies will be unlikely to get a refund.

How about the debit/credit option?

Those who paid more than £100 on flights directly with Flybe on a credit card should be able to claim a refund for the flight from their card provider. This is known as section 75 protection and is part of the Consumer Credit Act.

For cheaper purchases, or if a debit card was used, it is possible to claim from the card provider under the chargeback system, although this is not a legal right and not always successful.

Other routes:

British Airways are offering £50 flights to some Flybe ticket holders, and train operators are offering free tickets to certain destinations as well. These are all subject to availability.

Read more about your rights during this time in our recent article: Coronavirus Crisis – Your Rights as a Worker

Contact us!

We are here to help through these uncertain times. If you have any questions feel free to get in contact on 020 7928 0276 or email into info@lisaslaw.co.uk.

lisaslaw@web

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Coronavirus Crisis – Your Rights as a Worker

Coronavirus is at the front of everyone’s mind, and has been for some time.

Schools have been closing across the UK over fears that pupils and staff have been exposed to the virus, either from being on holiday in affected countries or contracting it from those around them.

The virus has now fully spread into Europe, with the Foreign Office warning against all but essential travel to 11 quarantined towns in Italy. A hotel in Tenerife has also had to quarantine its guests after an outbreak of the virus occurred, meaning hundreds of guests are on lockdown.

Closer to home:

The UK has 85 confirmed cases and this number is expected to grow exponentially over the coming days and weeks. Britain’s Chief Medical Officer, Professor Chris Whitty, says that an epidemic in the UK is now likely.

The continual spread will mean people taking time off work and school in order to self-isolate, or avoid catching the disease altogether, which will affect the UK in a number of ways.

Schools out:

Schools across the UK have closed due to the coronavirus, with more likely to follow suit. Two of the schools which were quick to close their doors, Cransley School in Northwich, Cheshire, and Trinity Catholic College in Middlesbrough did so because pupils had returned from Italy, where more than 2,000 people have now tested positive for the virus. Pupils had been on a skiing trip in the Alpine Champs 2020 in the Italian Alps, and had begun to show flu-like symptoms.

If children are not able to go to school, someone will have to look after them, which oftentimes will mean parents staying home instead of going to work.

Will parents still be paid if they have to stay home to look after children?

If your child’s school is closed or another situation arises where you must look after them at short notice, your employer may have to give you time off to do so. You probably won’t be paid for it, however, unless that’s a perk in your contract.

It extends to other dependants too, including a domestic partner or parent.

If you can work from home, this may be a significant advantage, and it is expected that working from home will be encouraged by the government in the coming weeks.

What about if I am self-isolating?

This is a tricky one and will largely depend on the nature of the company you work for. A lot of companies will have it in their employees contracts that when they are sick they will still get paid. On the other hand, some will not.

Self-isolation is not as simple as this, as in most cases the person self-isolating is not actually sick, rather they are trying to avoid becoming sick. This may mean that they are not entitled to the sick pay laid out in their contracts. The decision will be down to the employers, and what they assess to be the reasonable thing to do.

The Department for Work and Pensions have urged employers to use “discretion and respect” when making decisions about sick pay for people in self-isolation.

Statutory sick pay

Boris Johnson has today announced that Statutory Sick Pay will be issued to those self-isolating due to the corona virus and it will be from the first day of self-isolation, instead of the third, as initially announced. This is a big step made by the government to encourage people to stay home from work and stop the virus from spreading further.

Contact us

We understand that the coronavirus outbreak comes with frustrating and sometimes confusing consequences. If you need any advice about your legal rights during this outbreak, please get in contact on 020 7928 0276 or email into info@lisaslaw.co.uk.

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Coronavirus battle plan in the UK

Current data on the coronavirus (COVID-19) shows that everyone in the UK is susceptible to catching the disease and more likely than not it will have a massive effect on how the country operates.

The vast majority of those who catch coronavirus will experience mild to moderate symptoms, but it is highly infectious and the elderly and those who suffer from existing illnesses are at greater risk of severe symptoms and even death.

Children can be infected and can have a severe illness, but based on current data overall illness seems rarer in people under 20 years of age. So far, there has been no obvious sign that pregnant women are more likely to be seriously affected.

It is possible that the virus could spread at waves at a time.

As it is a new virus to humans, we have no natural immunity to it.

The Four Point Plan

The following four points are outlined in the UK’s plan:

Contain: detect early cases, follow up close contacts, and prevent the disease taking hold in this country for as long as is reasonably possible.

Delay: slow the spread in this country, if it does take hold, lowering the peak impact and pushing it away from the winter season.

Research: better understand the virus and the actions that will lessen its effect on the UK population; innovate responses including diagnostics, drugs and vaccines; use the evidence to inform the development of the most effective models of care.

Mitigate: provide the best care possible for people who become ill, support hospitals to maintain essential services and ensure ongoing support for people ill in the community to minimise the overall impact of the disease on society, public services and on the economy.

How can the public help?

The Department of Health and Social Care have released some guidelines that everyone can follow:

KEEP WASHING YOUR HANDS! This is the big one, be sure to wash your hands frequently, especially after travelling. Use very warm or hot water and wash them for at least 1 minute.

Check on elderly friends, relatives and neighbours to make sure they are alright.

Follow the latest FCO travel advice before making plans to travel: https://www.gov.uk/foreign-travel-advice

Use the NHS number 111 responsibly, and only going to the hospital if you really need to. More guidance on this here: http://www.nhs.uk/using-the-nhs/nhs-services/urgent-and-emergency-care/when-to-go-to-ae/

Accepting that people may need to self-isolate.

Image Source: BBC, NHS

What are the people at the top saying?

Boris Johnson has said schools should stay open “if possible” and follow advice from Public Health England, however many parents are keeping their children at home if they are around to look after them.

Evidence suggested children were less likely to be infected and they were more likely to get mild symptoms, England’s chief medical officer Prof Chris Whitty added.

Closures of schools would also bring “a considerable burden”, including on the NHS, as workers would need to stay at home to look after their children.

Mayor of London Sadiq Khan said there were currently no plans to postpone the London Marathon nor to restrict public transport.

Other measures in the plan include:

Hospital discharges could be monitored to free-up beds, with appropriate care given in people’s homes.
Helping businesses with short-term cash flow problems, including giving them longer to pay bills.
A “distribution strategy” for the UK’s stockpiles of key medicines and equipment such as protective clothing, which will cover the NHS and could extend to social care.
All government departments are to have a lead person for coronavirus.

If the virus continues to spread:

Companies should encourage staff to work from home where possible.

In a “stretching scenario”, it is possible that up to one fifth of employees may be absent from work during peak weeks.

Everyone will face increased pressures at work, as well as potentially their own illness and caring responsibilities. Supporting staff welfare “will be critical” for businesses.

The UK has stockpiles of medicines for the NHS, plus protective clothing and equipment for medical staff.

We will keep you right up to date with how this progresses!

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Coronavirus ‘very likely’ to be a significant challenge for UK says Boris Johnson

Widespread transmission of coronavirus in the UK is now “highly likely”, Public Health England (PHE) has said.

Director for Health Protection Paul Cosford said the country must be prepared.

What’s the global situation?

The number of people killed worldwide by the coronavirus has exceeded 3,000, with China reporting 42 more deaths. More than 90% of the total deaths are in Hubei, the Chinese province where the virus originated late 2019.

There have also been deaths in 10 other countries, including more than 50 in Iran and more than 30 in Italy.

In total, there have been almost 90,000 confirmed cases globally, with the numbers outside China now increasing faster than inside China.

How is the UK reacting?

The government has said its plan if the outbreak worsens could include asking recently retired doctors and nurses to return to the NHS to help alleviate the stress on those working in hospitals currently.

People could also be urged to work from home – and closing schools and cancelling major public events have also not been ruled out.

The prime minister will chair a meeting of the government’s emergency Cobra committee later, after the number of UK coronavirus cases jumped to 36.

Senior ministers and health advisers will be told that the virus will present a “significant challenge”.

A four phase plan

The UK is still in the “containment” phase of the outbreak – one of four phases of the government’s plan:

Containment – caring for any infected people and identifying their close contacts
Delay – deciding what actions to take to slow down the spread
Mitigation – damage limitation if the virus spreads widely
Research – constant and ongoing work to inform the three other phases

Viruses like this one cannot live for very long outside the body, so it is widely agreed that you cannot catch coronavirus from food, letters or parcels.

A reminder of the symptoms:

The new coronavirus – often referred to as Covid-19 – seems to start with a fever, followed by a dry cough and then, after a week, leads to shortness of breath.

If you think you might have the virus, contact the NHS on 111 immediately.

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No visas for lower skilled workers from 2021– how will this affect the UK?

Low-skilled workers will not get visas under post-Brexit immigration plans, the Home Office have revealed. This will come into effect on 1 January 2021.

The reason for this move is to decrease net migration to the UK, which has been high on the Conservative agenda for some time, and to try to use people already in the UK to fill job roles in lower skilled areas instead of using so called ‘cheap European labour’.

It is worth noting that jobs that the government consider to be lower skilled, but appear on the Shortage Occupation List, such as nurses, will still be able to be taken by qualifying migrants.

The Home Office said EU and non-EU citizens coming to the UK would be treated equally after UK-EU free movement ends on 31 December 2020.

Priti Patel’s reasoning:

Home Secretary Priti Patel has been keen on reducing immigration for some time now, and has said the immigration systems in the UK before this new one have allowed cheap low skilled labour to be the dominating force.

Patel also says that the eight million 16 to 64-year-olds are “economically inactive”, and that this new system will encourage businesses to reach into this existing pool already present in the UK and employ from there. Also, there is the EU Settlement Scheme which has had over 3.5 million EU citizens apply to stay in the UK, who Patel also says can help fill these low paid roles.

Will it be beneficial?

There are a lot of different opinions being voiced after the announcement was made about lower skilled workers being unable to get visas; it is a topic which has lit a fire in many people’s bellies.

While the number of people that the Home Secretary says are economically inactive is correct according to the most recent Office for National Statistics (ONS) report, it has been highlighted that the majority of the eight million have viable reasons for being out of work, including illness and carer duties.

Sectors which could be at risk:

The healthcare system:

Nick Triggle, healthcare correspondent for the BBC, has highlighted the fact that foreign nationals currently make up a sixth of the 840,000 care workers in England. The majority of people employed by the sector are low-paid care workers. They are responsible for providing daily help to older and disabled adults in care homes and the community.

Foreign workers make up a sixth of the 840,000-strong care worker workforce in England at the moment, but that number could be taking a hit with these new rules. As many of these workers do not hold A-level equivalent qualifications, or earn a high enough wage, they will likely fail to meet the point’s threshold set by the Home Office.

The building industry:

Figures from the ONS show that EU nationals make up a significant portion of the construction workforce; around 8 per cent of all construction workers in the UK and a massive 28 per cent in London.

Another factor is age. ONS figures show that in 2011, one in every five UK-born construction workers was aged over 55 – meaning that by 2021, those people will nearly have reached retirement age. This could coincide with any limits on migrant construction workers becoming apparent.

Hospitality sector:

UK Hospitality Chief Executive Kate Nicholls called the lack of low-skill visa route “disastrous” for the hospitality sector, pointing out this was due to go ahead in ten months and saying business must be given time to adapt.

Emma McClarkin, chief executive of the British Beer & Pub Association, said the points-based immigration system would present significant challenges for the pub sector, again highlighting how there is a massive amount of EU citizens who are ‘ready to go’ in the hospitality industry, whereas UK citizens are less attracted to that kind of work.

What does Lisa’s Law make of this?

The main reason for these changes is to attract medium to high skill level migrants to the UK, instead of the large amounts of lower skilled ones that have been coming in recent years, that is clear to see.

However, we do think that Priti Patel may be incorrect in parts. For example:

The so-called inactive 8m workers have in reality been assessed to be medically unable to work by DWP before they are offered public support. They do not all simply get a free pass to not work for no reason, there are methods in place to make sure of this.

These people will not become economically active overnight, simply because the Home Office has changed its immigration systems, unless the government changes definition on disability under the welfare laws as well, which would lead to much controversy.

It may be true that the registered 3m EU workers can do low-skilled jobs (many of them are doing high skilled ones as well), the majority of them are not idle. They are working. It will likely be a challenge to replace these EU workers who are leaving due to Brexit, and the lack of visa will prevent new people from coming. There is bound to be some sort of shortage of workers in this bracket.

You can read our full report of the latest immigration changes here:

No cap on applications – UK’s new immigration system treats EU and non-EU citizens equally

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

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Blue passports make a comeback!

Many of us have grown used to the burgundy passports which were first introduced back in 1988, and indeed for Britons under the age of 32 they have been the only colour ever available.

That is all about to change now that the UK has left the European Union, and the first of this new blue batch will be issued and delivered early next Month, reinstating the classic look which was originally rolled out in 1921.

Home Secretary Priti Patel has spoken of how happy the reversion to the blue passport has made her:

“Leaving the European Union gave us a unique opportunity to restore our national identity and forge a new path in the world.

By returning to the iconic blue and gold design, the British passport will once again be entwined with our national identity and I cannot wait to travel on one.”

Any other changes beside the colour?

As well as the colour change, the new passport is also better for the environment in terms of its production, with the carbon footprint produced through manufacture being reduced to net zero, through projects such as planting trees.

The passport will also have double the artwork as the back cover will also carry its own symbolic design – the floral emblems of England, Northern Ireland, Scotland, and Wales. This is a first for a British passport.

The latest technology

The new passport will possess a whole host of superior security features including a hard-wearing, super-strength polycarbonate data page, which contains innovative technologies embedded into the document, to keep personal data secure.

It also includes the latest and most secure printing and design techniques, which means it offers better protection against identity theft and fraud and will be extremely difficult to forge successfully.

Standard passports will continue to contain 34 pages. Frequent traveller ‘Jumbo’ passports will now contain 54 pages.

Can I still use my burgundy passport?

Those with valid, burgundy passports can continue to use their passport for travel until it expires.

However, everyone must now take into consideration the new EU rules surrounding UK passports. Countries in the EU will treat a UK passport that has been valid for 10 years or more as expired, from January 2021. Always check how long you have had your passport before travelling.

Similarly, if a passport has less than 6 months left until it expires, many EU countries will not allow entrance.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

lisaslaw@web

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No cap on applications – UK’s new immigration system treats EU and non-EU citizens equally

Home Secretary Priti Patel has announced more details of the UK’s “brand new” immigration system today (19/02/19), which will take full effect on 1 January 2021, which the government has said will open up the UK to the brightest and the best from around the world.

Interestingly, rather than being branded as an Australian style system, this new system in many ways remains much more similar to the current Tier 2 (General) system. The Home Office is, however, trying to be more inclusive and flexible, and non-EU applicants and EU applicants will all be treated exactly the same way.

Important things to know:

The start of this new system will mark the end of free movement in the UK
It will be a points based system, meaning points will be assigned to each applicant based on skills and merits
Migrant workers will need to be sponsored by employers as it will be an employer-led system

How will the points aspect work?

Similar to the current Tier 2 system, applicants will need to get a job offer from an approved sponsor (employer), meet a certain skill level, demonstrate a certain level of English and earn at least the minimum salary.

The below table gives a clear indication of what type of skills or circumstances the Home Office will look at, and the amount of points on offer for each of them.

Bear in mind that to begin the application process, individuals must have at least 70 points.

There are a few things we can tell from this – the most obvious is that the more money a person will be earning, the more desirable they generally are.

However, the ‘tradeable’ aspect is interesting. Based on this we can see that there is some room for compromise in certain cases. For example, a university researcher in a STEM (science, technology, engineering, and mathematics) subject wishing to come to the UK on a salary of £22,000, (which is below the general minimum salary threshold), may still be able to enter the UK if they have a relevant PhD in a STEM subject.

Similarly, a nurse wishing to come to the UK on a salary of £22,000 would still be able to enter the UK on the basis that the individual would be working in a shortage occupation, provided it continues to be designated in shortage by the MAC (Migration Advisory Committee).

The MAC will be commissioned to frequently check and update the Shortage Occupation List.

Skilled work – an improvement for migrants?

Sponsored workers coming into roles that require certain academic qualifications or skills will still require a job offer and be able to pass an English language test. However, the skill level required of them has been reduced from level 6 (degree level) to level 3 (A-level equivalent).

This is an important change, as it will make a lot more job roles available for people to apply to. For example, a level 6 role could be a Creative Director of a company while a level 3 role could be a regular managerial role. Therefore, this change will open up a lot more opportunities for people to apply for positions.

There will still be a minimum salary required for a work visa. The headline salary threshold has been reduced to £25,600, in line with the Migration Advisory Committee’s recent recommendation. But it won’t be the absolute minimum: some workers earning between £20,480 and £25,600 would still be able to get a visa if they are highly qualified or working in shortage jobs, as demonstrated in the examples above.

So, to be completely clear on minimum salary thresholds:

Applicants to roles on the Shortage Occupation List – £20,480
Applicants who have PhDs in science, technology, engineering or mathematics (STEM) – £20,480
Applicants for people with non-STEM PhD’s – £23,040
Applicants who have none of the above characteristics – £25,600

Please bear in mind that applicants will still need to be paid the higher of the specific salary threshold for their occupation, known as the ‘going rate’.

There will be no cap:

There will be no cap on the amount of applicants the Home Office will take. If a person can meet the requirements, they will be able to apply for the role. This, of course, will increase how many people apply and will potentially lead to more roles in the UK being filled by migrants who meet the requirements.

Lower skilled workers – completely snubbed?

Perhaps the most significant change to come with these new rules around immigration is the total lack of route for people coming to fill lower-skilled job roles. Instead, the Home Office has asked businesses and employers in the UK to look at the possibility of filling these from inside the country rather than relying on foreign help. This has been presented as an opportunity to improve staff retention, productivity, and wider investment in technology and automation.

Many people are worried about the impact this will have on high street jobs in shops and cafes, let alone factories.

Labour and the Liberal Democrats also condemned the plans while Unison, which represents health workers said they “spell absolute disaster for the care sector”.

An interesting move perhaps unsurprising given the voting history of the current Home Secretary and the result of Brexit. We will have to see how it plays out in the future.

EU Settlement Scheme to the rescue?

The Home Office has been singing the EU Settlement Scheme’s praises since its inception (unsurprisingly, as they are the ones who invented it), saying that over 3 million EU natives have already applied to stay in the UK through it.

This is what the Home Office sees as its pool of workers already in the UK who can fill the positions that are causing some people to worry about, such as waiters, cleaners and manual workers.

Highly skilled workers

From January 2021, the Home Office will extend the current Global Talent route to EU citizens on the same basis as non-EU citizens. You can read all about the Global Talent route in our recent article here: Exceptional Talent now becomes Global Talent in the UK

Essentially, the most highly skilled, who can achieve the required level of points, will be able to enter the UK without a job offer if they are endorsed by a relevant and competent body.

This scheme has recently been expanded to be more accessible to those with a background in STEM subjects who wish to come to the UK.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

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