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New UK immigration rules for Skilled Worker and Dependants’ visas
Freedom of movement between UK & EU ended
As part of Brexit, freedom of movement between the UK and the EU has ended. This means immigration rules for EU skilled workers and their dependents entering the UK have changed.
The transition period ended on 30 June 2021 and new processes came into place on 1 July 2021.
Right to work
From 1 July 2021, companies need to check that all foreign job applicants – including from the EU – have the right to work, by checking their visa or residency status.
This will apply to workers applying from outside the UK and for workers already in the UK.
The company itself will also have to register with the Home Office, to be eligible to hire foreign workers. They will be issued a certificate of sponsorship, for specific skilled workers.
The new rules also apply to people entering the UK from countries outside the EU, and replace all previous systems involving Tier systems and Resident Market Labour Tests.
Certificate of Sponsorship
Employers need to apply for a Certificate of Sponsorship, which effectively adds them to a Home Office approved list of companies that can hire foreign workers. This is either defined to a specific skilled worker or undefined. (see here for more info)
Skilled Worker Points-Based Visa Application
Employees applying to enter the UK from the EU and elsewhere overseas as a Skilled Worker need to quote the company’s Certificate of Sponsorship number on their visa application.
To gain enough points to be granted the visa, the job must be on the list of Home Office approved jobs and the applicant will need to prove their relevant qualifications, English-language level, and (lack of) criminality. Extra points are gained if the job is also on the approved shortage list.
Dependants
Family members will also need to apply for visas if they wish to join their relative in the UK, and their application will also rely on the company’s sponsorship details.
This will mainly involve proof of salary, as the dependant will need to show they will have enough income or savings to support themselves during their stay.
Supporting documents in English
A little discussed requirement – although clearly stated on the UK Home Office website – is that all supporting documents submitted as part of a visa application must be in English or Welsh.
We have written in more detail about this requirement here. In a nutshell, skilled workers and their family members must provide a certified translation into English of all their supporting documents.
This means an official translation done by a translation company or professional registered with either the Institute of Translators & Interpreters (ITI), Chartered Institute of Linguists (CIOL) or Association of Translation Companies (ATC).
Our certified translations
We are an Accredited Member of the Association of Translation Companies (ATC) and we provide certified translations from ten main languages into English for UK visa purposes. We would be happy to help you.
For any language we do not provide, we recommend that you check the ITI, CIOL or ATC for approved suppliers.