Can nannies from the EU apply for a visa to work in the UK after Brexit?

New immigration rules will apply to all EU citizens looking to come to work in the UK after Brexit.

So far EU citizens have been able to come and work in the UK without any restrictions thanks to the freedom of movement, which will end on the 31st of Dec 2021.

Free movement will be replaced by the new UK Immigration Points Based System, which will start to operate from 1st of January 2021.

EU citizens will still be able to come to the UK for up to six months as a tourist or to see family but they will not be able to work in the UK.

What is the UK Immigration Points Based System?

The UK Immigration Points Based System is a specific set of requirements for which applicants will be awarded points and then visas will be granted to those who gain enough points.

Requirements:

English language:

English language skills will be a requirement. Migrants must demonstrate they have the ability required for the role they are coming to the UK for. For example, students at degree level must demonstrate their ability at level B2 (A-Level or equivalent) and skilled workers B1 (AS-Level or equivalent).

Immigration Skills Charge:

This is a charge that will be payable by a UK employer for each skilled migrant worker they employ. Employers will have to pay £1,000 per skilled worker for the first 12 months, with an additional £500 charge for each subsequent six-month period. Discounted rates of £364 per sponsored worker per year will apply to charities and Small and Medium Enterprises. This will probably apply to families employing nannies but it is yet to be confirmed.

Immigration Health Surcharge:

This is a charge payable by the applicant up front for the duration of their stay if it’s more than six months. It gives them free access to NHS services on broadly the same basis as British citizens.

Maintenance:

The majority of migrants coming to the UK from overseas must be able to demonstrate they have sufficient funds to support themselves and their families while in the UK. This is known as the maintenance requirement. This amount has not yet been determined and we will clarify this in near future.

Biometrics:

Biometrics might be required and can be obtained as part of the application process.

Capped:

There will be a limit on number of migrant who can come to the UK on a specific route each month or year. If it is uncapped there is no limit.

Switching routes:

On some routes a migrant might be able to stay in the UK on a different immigration route without needing to leave the UK and apply from overseas.

Settlement:

This is also known as indefinite leave to enter or remain and means a successful applicant can stay in the UK without any immigration conditions or time restrictions. In some routes migrants might be eligible to apply for settlement after 5 years of working continuously.

Dependants:

Dependants are the spouses, partners and children (under the age of 18) of migrants, and in some cases other family members can also be dependants. Some applicants’ dependants might be eligible to join them in the UK.

Access to public funds:

In most cases migrants are not eligible to access public funds, such as benefits, until they obtain settlement, though there are some exceptions.

Supplementary work:

There are some routes that do not allow supplementary work (employment in addition to their primary work hours or study).

How to earn the points for UK visa?

The Points-Based System awards points based on the following requirements:

·      job occupations,

·      salaries,

·      ability to speak English

·      educational attainment.

There will be different types of visas EU citizens will be able to apply for with different numbers of points required for each. The are:

·       Tier 1 - High-Skilled Workers;

·       Tier 2 - Skilled Workers;

·       Tier 3 - Unskilled Workers;

·       Tier 4 - Adult Students;

·       Tier 5 - Temporary Workers.

Can nannies apply for a UK immigration point based system visa after Brexit?

Eligible occupations for the Skilled Worker route includes: Childminders and related occupations such as: Au pairs, Childcare Assistants, Child minders and Nannies as follow:

Occupations which are not eligible for the Skilled Worker route include Housekeepers as follow:

Coming to work to the UK as a nanny after Brexit:

Therefore based on this information EU citizens will be able to apply for Tier 2 general visa to get a permit as a skilled worker to work in the UK as a nanny.

To apply for a Tier 2 general visa the applicant must meet the following mandatory criteria:

·      They must have a job offer approved by a licensed sponsor. The sponsor checks that you can do the job you are being hired for and if it qualifies you for a visa. They’ll assign you a certificate of sponsorship to prove this. We will be offering this service as an agency.

·      The job must be at the appropriate skill level. Childminders and related occupations including nannies are eligible occupations at appropriate skill level.

·      They must speak English at the required level (AS level or equivalent).

For a Tier 2 visa an applicant must score at least 70 points.

By meeting the mandatory criteria above an applicant will earn 50 points. They must obtain a further 20 ‘tradeable’ points through a combination of points for their salary, a job in a shortage occupation or a relevant PhD.

For example if an applicant is applying for a nanny job they will have to be paid the higher of the general salary threshold of £25,600 or the “going rate” for their particular job, and then they will get an extra 20 points.

Fees:

How much you pay will depend on the type of visa and where you are applying from.

How long you can stay:

You can come to the UK with a Tier 2 (General) visa for a maximum of 5 years and 14 days, or the time given on your certificate of sponsorship plus 1 month, whichever is shorter.

You can start your stay up to 14 days before the start date on your certificate of sponsorship.

Example
Your start date is 15 July - the earliest you can start your stay is 1 July.

You can apply to extend this visa for up to another 5 years, as long as your total stay is not more than 6 years.

What you can also do:

·       work for your sponsor in the job described in your certificate of sponsorship

·       do a second job in certain circumstances

·       do voluntary work

·       study as long as it does not interfere with the job you’re sponsored for

·       travel abroad and return to the UK

·       bring family members with you

Can I Settle In The UK After Working In The UK?

After working continuously in the UK under Tier 2 visa, you may be eligible to apply for settlement in the UK after 5 years.

There will be final details announced for the Points-Based System later this year and we will also post an update then.

For more information please visit this website here.

We hope you enjoyed this article and found it helpful. If you have any questions or if you would like us to help you find your perfect candidate then please do not hesitate to contact us now.

Call now on: 0203 842 6514

Or email us: contact@elisas-london-nannies.co.uk