Bursars Review | Spring 2019 | Sample

Feature Spring 2019 www.theisba.org.uk 14 Will this confirmation be sufficient for right to work/ study checks? Schools should not have to re-confirm immigration status in the UK of their current employees or pupils. As for new hires or new pupils post transitional period, the Home Office is introducing an online right to work checking service to enable employers to verify the applicant’s Settled/Pre-Settled status which was due to be rolled out from 29th January 2019 https://www.gov.uk/view- right-to-work . It is expected that this same online service will be open to education providers, landlords etc. to check the right of stay of EU nationals. Deal or no deal? The Brexit saga continues. However, whether or not a deal is reached will have an impact on EU nationals and their family members as follows: If Parliament does vote the Withdrawal Agreement through, then EU citizens resident in the UK by 23:59 on 31st December 2020 will be able to stay on in the UK as they are now and will have until 30th June 2021 to apply under the EU Settlement Scheme for confirmation of their status. In the event of a no deal, the Government confirmed in its policy paper entitled: 'Citizens' Rights - EU citizens and UK nationals in the EU' that EU citizens resident in the UK by 29th March 2019 can stay. The deadline to make an application under the EU Settlement Scheme would also be brought forward to 31st December 2020 instead of June 2021. Given that the new immigration system will only be in place from 1st January 2021, the Government will need to put a sensible transition period in place for those who arrive in the UK post 29th March 2019 and until the new immigration system is operational in January 2021. To note, agreements have now been reached with Norway, Liechenstein, Iceland and Switzerland, which means that nationals from these countries and their family members will also be able to apply under the EU Settlement Scheme once it is fuly rolled out. New UK immigration system from 1st January 2021 The Government finally published its White Paper (the Paper) outlining the UK’s future immigration system on 19th December 2018. The Paper takes on the recommendations made by the Migration Advisory Committee in their final report, which was published in September 2018, with the main recommendation being that no preferential treatment should be given to EU nationals. Schools considering the impact of a future immigration system and one which is likely to be under the current points-based system therefore need to consider both how this is likely to impact their recruitment of staff and of pupils. Below is a summary of the main proposals, and the full White Paper can be found here: https://www.gov.uk/ government/publications/the-uks-future-skills-based- immigration-system It is important to remember that the Government intends to carry out a year of extensive engagement prior to publishing the immigration rules, setting out the details of the future system. So there will be opportunity for the independent school sector to feed into any changes it wants to see made to these proposals. Impact on staff recruitment The main proposals on the work route are as follows: ■ One system for all, so EU workers will come under Tier 2 • the annual quota of 20,700 on new hires from overseas to be abolished; • Resident Labour Market test to be abolished; • minimum skill level to be lowered from RQF 6 to RQF 3; • engage with businesses regarding the minimum salary threshold (MAC recommended this be set at £30,000); and • review the current sponsor licensing system with a view to removing some of the administrative burdens and speeding up the visa process. ■ No special immigration category for lower skilled migrants (RQF 1&2) – except Seasonal Agricultural Worker Scheme. ■ New system to be introduced, which is accessible to smaller enterprises that does not require them to obtain a sponsor licence. ■ Youth Mobility Scheme (18-30 year-olds) to be expanded to include for EU nationals. ■ New Temporary route for short-term workers – no sponsorship will be required, it will be open to those from low risk countries and allow a stay of a maximum of 12 months. ■ EU self-employed nationals will need to fit into the Tier 1 Exceptional Talent, Entrepreneur, or Tier 5 Youth Mobility categories or in certain cases under Tier 2. ■ Extend the Skills Charge of £1,000 (medium/large institutions) or £364 (small institutions/charities) per year of sponsorship to EU nationals.