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Guidance Issued for Hiring Non-UK Citizens in 2021

As the UK moves to a points based system in 2021, the Government has published guidance for UK businesses seeking to employ Americans, and for Americans looking to work in Britain

Published on September 24, 2020

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From January 1, 2021, the UK's immigration system is moving to a points-based structure. The Government has previously published guidance on the new system and has now published information for employers who want to hire non-UK staff. The new guidance includes further details on the requirements for intra-company transfers. Although the guidance is aimed at businesses, Americans seeking employment in the UK or considering requesting a transfer to a UK office may also find the details useful.

The new guidance outlines the previously announced points based system, including the requirements that candidates should have a job offer with a wage of "at least £25,600 or the ‘going rate’ for the job offer, whichever is higher". Businesses looking to hire Americans should also be aware that they will need to become a Home Office licensed sponsor, which they can do at www.gov.uk/apply-sponsor-licence.

The guidance also outlines some of the requirements for companies which want to transfer an employee from an overseas office to a UK based office. Many Americans move to the UK on this basis.

Among the confirmed criteria for intra-company transfers, employees must have "12 months’ experience working for a business overseas linked by ownership to the UK business they will work for", they must be earning "at least £41,500 or the ‘going rate’ for the job, whichever is higher", and they must be undertaking a role "at the required skill level of RQF6 or above (graduate level equivalent)".

If you're considering options for moving to, transferring to or working in the UK, you can find more guidance on the new points based system at www.gov.uk. If you need advice or assistance, you can also consulting experts in US-UK immigration via The American's A-List Directory.

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