DRSI LAW

New POINT Based System Published by UKVI

UPDATE:  28th January 2020

New POINT Based System PUBLISHED by UKVI – Daliah Sklar, UK Immigration Solicitor

One of the critical aspects of the uprising and philosophy behind “BREXIT” was the UK and EU Immigration Non-Border policy aimed to allow freedom of movement and employment – Under EU Law, the UK was required to abide by the EU Free Movement of all EU citizens and their family members throughout all 28 EU countries. This is the fundamental principle of the Treaty enshrined in Article 45 of the Treaty) 

This created a huge one-way path led by many low skilled, low-income Europeans who decided to take advantage of the “right of abode in the UK” and relocate their entire family to the United Kingdom, a country of great opportunities and prosperity. Some were actual EU citizens and others had non-EU family members who joined them. EU Law was very widely interpreted and permitted almost any family member dependent on the EU citizen to join the EU citizen in the UK. Government fees were not charged and in the end it was blatantly easier to migrate to the United Kingdom after you married a French European living in the UK, than it was to marry a UK citizen who had lived there all their life.

European flocked to the UK to utilize the full benefits that all UK citizens had – such as excellent health care through the NHS ( National Health Care), housing benefits, unemployment benefits and even pension benefits. 

Many Europeans, did not earn very high salaries in the UK, hence they did not contribute to public funding and following years of this unexpected use by low tax contributors, major industries especially the NHS and housing industry began to be seriously affected. If you look at figures even from 2017, this reveals that the provider deficit of nearly £900 million for the first three-quarters of 2016/17 – a clear sign that NHS organizations are struggling in the face of constrained budgets and growing demand. At the same time, key performance data shows that hospital performance, in some areas, is slipping. Naturally, the hospitals and clinics around the UK and Northern Ireland are taking care of millions more patients at no extra cost at all. Reports were posted by the NHS specifically focusing on the pressure.

BREXIT was announced and will be put into full action on 31st January 2020 with an 11 month transition period for EU and UK to reach a final deal.  On 28 January 2020 the Migration Advisory Committee (MAC) published its report to the Home Secretary on a points-based immigration system. The Government has considered its options and looked to Australia and Canada for guidance as a Points based system to focus on attracting high skilled foreigners and balancing out the current immigration crisis. Considerations were made whether a PBS points-based system should be used with a job offer on entry, without a job offer on entry, and for settlement. To review the report published please download the attached. 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/860669/PBS_and_Salary_Thresholds_Report_MAC.pdf

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