05 May 2021 
Martin Higgs, Communications Officer
The past 12 months have seen significant changes to the immigration landscape affecting higher education institutions, write colleagues from #UHR21 partner organisation Mills & Reeve. EU freedom of movement ended on 31 December 2020 and the UK has implemented a new post-Brexit points-based immigration system. This has included the introduction of the new Skilled Worker visa with more flexible criteria (particularly for non-academic/research roles) than the previous Tier 2 (General) visa category.
There have been a number of further changes to work and study visa routes implemented or announced in the first few months of 2021.
New Graduate Route
The much anticipated new Graduate Route will open on 1 July 2021. This will be available for international students who have successfully completed a degree at a higher education institution in the UK. Students who have completed a Bachelor’s or a Master’s degree will be granted leave for two years during which they can undertake work (or look for work) largely without restriction. Students who have completed a PhD will be granted leave for three years.
While time spent in the Graduate Route will not count towards continuous residence for indefinite leave to remain, holders will be able to switch into the Skilled Worker route. When switching they will benefit from the ‘new entrant’ tradeable points option which provides for a lower minimum salary threshold. Dependent family members will also qualify for the route if they are in the UK with leave as a dependant of the main applicant.
This Graduate Route is likely to be valuable for institutions as it will enable them to employ new graduates for a period without having incur the costs associated with sponsorship for a Skilled Worker visa. It may also help to ensure that the UK remains an attractive destination for international students.
Global Talent visas
The Global Talent route has been subject to a number of changes in recent months. A new ‘academia or research’ strand was introduced in December 2020 with a broader range of endorsement options for academic and research roles. From 1 April 2021, applicants who have received a prestigious prize will be able to bypass the usual endorsement requirements. The Global Talent route is a ‘non-sponsored’ route designed for talented and promising individuals in the fields of science, digital technology, arts, and culture. It can be bureaucratic to navigate, so this change will streamline the process considerably for some applicants.
Highly skilled migrants
In the March Budget the Government confirmed its intention to introduce a points-based visa for highly skilled migrants to be in place by March 2022, indicating that the new immigration system is likely to continue to evolve. A 'scale-up' stream will be included within the category with the purpose of allowing individuals with a job offer from a pre-approved UK scale-up business to access a fast-track process. Further details will be published in due course.
Covid-19
The Covid-19 pandemic continues to create significant difficulties for people who wish to travel, including for work. The guidance in relation to travel for work, education and volunteering has been subject to regular change and this is likely to continue to be the case in the months ahead. Many universities have also had to navigate the complex compliance issues that can arise in connection with staff working remotely from abroad, including in relation to tax, social security, permanent entity risk, local law issues, terms and conditions of employment, and pensions. These issues are likely to remain relevant given the new patterns of work that may emerge in the post-Covid world.
Join the Mills & Reeve LLP team at UHR21: Refreshing HR.
Tuesday 11 May, 3pm
“Managing Global Mobility” with Alex Russell
Wednesday 12 May, 1.30pm
“Planning for a more agile HE workforce” with Nicola Brown, Nick Abbot and Sian Jackson
