Key points from the MAC report on EEA migration – The Good, the Bad and the Ugly
The MAC has finally published its report on EEA migration and we now have a clearer picture of what the immigration system may look like post Brexit. Historically the Home Office have implemented the MAC’s recommendations and so this report provides a helpful indication of what the immigration landscape may look like!
The MAC has recommended the following moving onto a system in which all migration to the UK is managed with no preferential treatment for EU citizens.
What this essentially means is that EU citizens would also have to apply for visas in the relevant categories of the immigration rules. So, if an EU citizen wished to study in the UK they’d apply under Tier 4 of the Points Based System that applies to all non-EEA students at the moment and if they wished to work in the UK they’d apply under Tier 2.
It is assumed that EEA nationals will not require visas to visit the UK. The key changes that our clients and other businesses in the UK would be interested in is what would be the position with EEA employees.
We already know that EEA workers already in the UK will be able to continue to live and work in the UK post-Brexit. Post – Brexit the MAC has suggested;
- Abolition of Tier 2 (General) cap
- Medium-skilled jobs should be eligible for Tier (2) General, not just highly skilled jobs as at present.
- The salary threshold at £30,000 should be retained even though we recommend expanding the list of eligible occupations. This would allow employers to hire migrants into medium-skills jobs but would also require employers to pay salaries that place greater upward pressure on earnings in the sector.
- The Immigration Skills Charge should also cover EEA citizens.
- Abolition of the Resident Labour Market Test (RLMT). A robust approach to the salary thresholds and the Immigration Skill Charge are a better way to protect UK workers against the dangers of employers using migrant workers to under-cut UK-born.
- In-country ability to change employers should be made easier for Tier 2 migrants.
Low-skilled workers
Low skilled workers are a key consideration as the agricultural, hospitality, construction and care sectors rely heavily on EEA staff. Despite this reliance, the MAC has not suggested that there be an explicit work route for low skilled workers (with the exception of seasonal agricultural workers).
There has been no suggestion that Tier 3 is re-opened.
If there is to be a route for low-skilled migrant workers the MAC has recommended using an expanded youth mobility scheme rather than employer-led sector-based routes.
They have also suggested that the Tier 1 (Exceptional Talent) and Tier 1 (Entrepreneur) visa routes should be better evaluated to gain more clarity on how this may apply to EEA self-employed migrants.
Public Sector
No recommendations have been made for the public sector (including the NHS) to receive special treatment in the migration system.
Conclusion
Employers should consider their recruitment needs moving forward. It is highly recommended to get systems in place to ensure that organisations are in a position to obtain sponsor licences and having the ability to foreign workers to plug any gaps in their workforce.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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