The Construction Leadership Council has published guidance on the movement of people and workers into the UK in respect of the expiration of the transition period with the European Union at the end of the year.
The guidance offers an overview of the new points-based immigration system, the Common Travel Area (CTA), the skilled worker route, the shortage occupation list, how to become a licensed sponsor, the rights of EU, EEA and Swiss migrants, the mutual recognition of professional qualifications and the Construction Industry Scheme (CIS) as well as useful links and resources. It is appropriate for all businesses across the industry and along the supply chain.
The guidance has been issued by the Movement of People Workstream of the CLC BREXIT Working Group and comprises the second publication in a suite of business readiness advice that the group intends to publish ahead of 31 December 2020.
FIS Chief Executive Iain McIlwee commented: “We have been supporting this vital group within the CLC and playing in our concerns that the cliff edge we face in January could leave us with a real labour shortage in the sector. We will continue to press this point, but we need to start preparing and time is already short. This guidance from the CLC is, without doubt going to help smaller businesses to pick through what could be a really difficult and bureaucratic process and start communicating with overseas workers in their labour pool in ensuring they secure the right entitlement to work.”.
How the Points Based System Works
The table below explains how points will be allocated for anyone on the Skilled Visa route will work, including mandatory and tradeable points.
|Offer of job by approved sponsor||Mandatory||20|
|Job at appropriate skill level (RFQ3+)||Mandatory||20|
|Speaks English at required level||Mandatory||10|
|Points for Salary|
|Salary of £20,480 to £23,039 or at least 80% of the going rate for the profession (whichever is higher)||Tradeable||0|
|Salary of £23,040 to £25,599 or at least 90% of the going rate for the profession (whichever is higher)||Tradeable||10|
|Salary of £25,600 or above or at least the going rate for the profession (whichever is higher)||Tradeable||20|
|Job in a shortage occupation as designated by the Migration Advisory Committee||Tradeable||20|
|Education qualification: PhD in a subject relevant to the job||Tradeable||10|
|Education qualification: PhD in a STEM subject relevant to the job||Tradeable||20|
As it stands, no construction occupations are listed on the shortage occupation list, and many trades within the Finishes and Interiors Sector are not deemed to be at an RFQ3+ level making it very difficult to attract new labour from overseas.
How to prepare as a business
Hiring New People
If you are planning to recruit from overseas from 1 January, you will need to obtain a sponsor licence, which can take up to eight weeks. If you have workers from the EU or EEA who wish to continue living and working in the UK after 30 June 2021, you should advise them to apply for settled and pre‐settled status.
Managing your Existing Workforce
FIS recommends contacting overseas workers to understand their intentions and pre-empt any problems. This will also support you in communicating the importance of applying for settled or pre-settled status. A set of potential questions is provided below to support this activity:
Covid-19 Holiday Impact Questionnaire
Access the CLC Guidance on movement of labour is here.
FIS remains concerned about the points based system and impact on labour availability. Government continues to take a very hard line on this with the Home Secretary ignoring advice from the MAC and rejecting any construction trades from being added to the shortage occupation list. We would welcome your support in commpleting this survey.
If you are experiencing or expecting labour shortages, please email your concerns to firstname.lastname@example.org