EU/EEA/CH contribution to the Veterinary Profession.
According to The Royal College of Veterinary Surgeons there are 23,220 vets working in the UK[1].
Speaking at the Official Veterinarian Conference 2017, Nigel Gibbens (former CVO) told his audience “more than 90% of people working within the FSA [Food Standards Agency], more than 60% of the people working in the Government, and more than 25% of people working in general practice” are non-UK EU nationals or non-UK non-EU nationals.[2]
The BVA and RCVS also realise that the general veterinary workforce is “highly reliant”[3]on EU[4]vets. An analysis of the RCVS's most recent statistics[5]reveals just how reliant the workforce is on EU registrants (48% of new registrants in 2016/17 qualified from EU countries, compared with 44% from the UK and 8% from the rest of the world):
Country. UK. EU/EEA/CH. Rest of World
2011/12. 815. 456. 126
2012/13. 807. 603. 122
2013/14. 795. 701. 135
2014/15. 813. 767. 156
2015/16. 910. 975. 173
2016/17. 910. 976. 161
Given the heavy reliance upon EU registrants, the RCVS commissioned the Institute for Employment Studies to report on the Impact of Brexit.[6] A survey was launched on 2 March 2017 and closed on 29 March 2017. A total of 3,078 responses were received representing a response rate of 55.3 per cent –an indication of the importance of Brexit to European vets practising in the UK.
The results of the report showed:
- Over three-quarters of EU vets (78%) are working in clinical veterinary practice
- 66% of those working in clinical practice are working for small animal/exotic practices.
- Twenty-two per cent of EU vets are working within the veterinary profession but outside clinical practice.
- Over half of those working outside clinical practice are working for the Food Standards Agency (38%) or the Animal and Plant Health Agency (21%).
- 14% work within veterinary schools and 11% in commerce/industry.
- 48 per cent of those who work elsewhere from clinical veterinary practice, including many of those working for the FSA or APHA, said that their work was mainly or entirely within the meat industry/official controls sector.
RCVS & BVA Brexit Concerns:
In July 2017, the Home Secretary commissioned the Migration Advisory Committee (MAC) to report on the current and likely future patterns of EEA migration and the impacts of that migration. The report was to provide an evidence base for the design of a new post-Brexit migration system. The RCVS and BVA submitted a joint response to the MAC’s call for evidence. In that response the RCVS/BVA highlighted 3 main areas of concern:
- The projected demand for veterinary surgeons following the exit from the EU;
- The difficulty in meeting this demand with UK citizen vets, including the time and resource needed to increase university capacity;
- The nature of veterinary practices as small businesses unable to meet the demands of an onerous visa based system.
Projected demand for veterinary surgeons post-Brexit
Post-Brexit the volume of products requiring veterinary certification could increase by 325%
The import and export of animals and products of animal origin to third countries is dependent on veterinary certification. Veterinary certification is dependent on having available a sufficient number of adequately trained veterinary surgeons. Should the UK neither become a non-EU EEA country nor enter a customs union with the EU, the same administrative checks would apply to UK imports from, and exports to, the EU as currently apply to trade with non-EU countries. This is likely to be the case whether UK trade with the EU is conducted under a Free Trade Agreement or under WTO rules. Nigel Gibbens, former Chief Veterinary Officer UK, has suggested that this could lead to the volume of animal products requiring veterinary export health certification increasing by up to 325% in the case of no deal being reached between the EU and UK[7].
Consequently, post Brexit there will almost certainly be an increased demand for veterinary certification and supervision. Currently, up to 30% of Official Veterinarians (OVs) engaged in export health certification for exports of animals and animal products to non-EU countries are estimated to be EU nationals.[8]
The reliance on EU qualified vets is sharply illustrated by the fact that within the meat hygiene sector some estimates suggest 95% of Official Veterinarians (OVs) working in abattoirs graduated overseas with the clear majority of these being nonUK EU graduates[9].
Meeting this increased demand
It follows from the above that on leaving the EU, the UK will not merely need to maintain the current level of veterinary workforce, but also meet additional demand, as the Institute for Government notes: “If the UK is required to undertake checks on animal produce coming from the EU, it will need an increase in the number of vets.”[10]
Moreover, this is not just a “no deal” doomsday scenario. Veterinary shortages were a problem pre-Brexit[11], and have shown no signs of relenting. A review (Major Employers’ Group (MEG), July 2017) of members providing first opinion clinical services direct to the public found well over 600 vacancies open for primary veterinary surgeons in the UK. Based on MEG’s combined employment at the time of the survey, this represents a workforce shortage of around 11%.[12]
UK universities simply do not produce enough graduates to meet the demand of the sector (44% of new registrants to the RCVS qualified in the UK in 2017[13]).
The BVA and RCVS have voiced concerns about how quickly the capacity of UK universities could be expanded to meet a massively increased demand at short notice. Increasing capacity takes time, money (both initial capital and ongoing revenue), and personnel.[14]Only two new Veterinary Medicine schools have opened in the last 60 years (University of Nottingham 2007 and University of Surrey 2015). The reported cost of the Veterinary school at the University of Surrey was £45 million[15].
Rather ironically, there are difficulties in recruiting appropriately qualified and skilled staff from the UK to fill the roles that would be needed to educate the intake of any new capacity within UK universities. Currently EU nationals make up 22% of veterinary surgeons working in academia, most of whom are in roles directly linked to providing education and training within the undergraduate veterinary degree.[16]
All of the above (and more) has led the RCVS and BVA to conclude, “Without non-UK EU vets, there will not be enough appropriately qualified vets to meet workforce needs.”[17]
The Demands of a visa-based system
Post Brexit, after the end of free movement of EU workers, it is expected that EU vets will be treated the same as any other non-UK vet. This will mean that in order to work in the UK they will require a visa. In order to qualify for a visa a non-UK vet will need a sponsor (their prospective employer). Most veterinary practices are SMEs and as such have limited capacity and human resources expertise. The BVA and RCVS fear that because vets have no overarching body, such as the NHS for doctors, they will be ill-placed to meet the exacting administrative demands of a visa-based system.[18]
According to the Federation of Small Businesses, “Ninety-five per cent of small employers have never made use of the UK’s points-based immigration system to meet their business’ labour and skills needs. Where small businesses have used visas, the most commonly used visas are the Tier 2, at three per cent, and the Tier 1, at two per cent. When respondents were asked why they had not engaged with the points-based immigration system, the most common response was that their labour and skill needs were met through the UK and EU labour markets (70%).”[19]
If the current rate of non-UK qualified registration to the RCVS (56%) remains post-Brexit there will be a huge administrative burden on veterinary practices to comply with their sponsor obligations. It hardly needs repeating that the need for non-UK qualified vets to register is expected to actually grow beyond the 56% post-Brexit.
The RCVS and BVA have demanded of the government that “Any future immigration system for EU citizens must not place additional administrative or fiscal burdens on veterinary practices.”[20]
RCVS and BVA Calls on Government
As a result of the concerns concerning Brexit expressed by the veterinary profession the RCVS and BVA have released documents putting forward post-Brexit principles and calls upon the government. Below are extracts relevant to immigration and recruitment:
RCVS Brexit Principles, Guiding Principles for a post-Brexit World (Edited)
- Vital veterinary work continues to get done
We can achieve this through: - Ensuring EU vets and veterinary nurses (VNs) currently working in the UK are allowed to stay indefinitely;
- ensuring that current and future graduates of UK vet schools, regardless of their nationality, are prioritised for UK work visas or equivalent….
- High standards of animal health and welfare remain and improve
We can achieve this through: - Moving towards a reform of mutual recognition so that only graduates from schools accredited by organisations working in accordance with IAWG standards (e.g. RCVS, Australasian Veterinary Boards Council (AVMC), American Veterinary Medical Association (AVMA), South African Veterinary Council (SAVC), and the European Association of Establishments for Veterinary Education (EAEVE)are eligible for mutual recognition.
- Advocating that, if freedom of movement for veterinary surgeons from the EU is to be reduced, then restrictions should focus on graduates from non-EAEVE accredited schools…
- Ensuring that any new regulatory frameworks replacing existing EU regimes, whether in medicines or employment, should uphold the appropriate high standards of animal welfare.
- RCVS is a global force for good…
- Advocating that no restrictions are placed on the free movement of EU-qualified veterinary surgeons or veterinary nurses, or on access to evidence, that would jeopardise veterinary research in the UK
Brexit and the Veterinary Profession, British Veterinary Association, May 2017 (Extract)
Short term:
- The UK Government should guarantee working rights for non-British EU vets and veterinary nurses currently working and studying in the UK, and for British vets and VNs working in the EU, at the existing level with no time limit.
- The UK Government should add vets to the Shortage Occupation List or its equivalent and extend/continue to recognise existing Mutual Recognition of Professional Qualifications legislation through a transitional arrangement to mitigate against a sudden reduction in the veterinary workforce.
- The RCVS should consult with the profession to define clear criteria, including an appropriate standard for veterinary education, to allow registration of vets with appropriate experience and equivalent standards of qualification and language to UK graduates, regardless of their country of origin.
- ...
- The RCVS should continue to recognise qualifications under the European Board of Veterinary Specialists.
Medium Term:
- ...
- In consultation with BVA and the RCVS, the UK Government should devise an immigration system that takes account of veterinary workforce needs in the wide range of roles vets and vet nurses fulfil.
What will be the effect of Brexit on the EU workforce
By virtue of the referendum held on 23rd June 2016 the United Kingdom will exit the European Union (“Brexit”). At present the date set for Brexit is 31st October 2019. The new Prime Minister, Boris Johnson, has pledged the UK will leave the EU on 31 October, "do or die", accepting that a no-deal Brexit will happen if an agreement cannot be reached by then. However, the Benn Act may force further delay.
He has called the extant withdrawal agreement (rejected 3 times by Parliament) "dead" but says he will "take the bits that are serviceable and get them done" - such as guaranteeing the rights of 3.2 million EU citizens in the UK.
In the event of a "deal" brexit
If there is a deal then the UK will leave the EU at 11pm on 31st October 2019 or on such date as is permitted by way of an extension by the EUnand such version of the deal (“the Withdrawal Agreement”) as is extant at the time, or as is re-negotiated will come in to effect.
It is anticipated that any withdrawal agreement will make provision for an implementation period which will run from the date of the deal to 31st December 2020. Essentially this will mean that free movement of EU nationals will continue until that date.
EU nationals who arrive in the UK by 31st December 2020 can apply for status under the EU Settlement Scheme (EUSS). There will be a 6 month period of grace but, all applications under the EU Settlement Scheme must be made by 30th June 2021.
On 31st December 2020 free movement will end and from 1st January 2021 EU nationals arriving in the UK will be subject to a new immigration system.
At present, the outline of that new immigration system can be found in The UK's Future Skills-Based Immigration System white paper (“The White Paper”).
However, the future of the White Paper is also in doubt as both Mr Johnson and Ms Priti Patel, the Home Secretary, have stated their support for “an Australian-style Points-Based System”. Indeed Ms Patel has stated[21]that she will “be urgently commissioning the Migration Advisory Committee – the Government's independent advisers on immigration matters – to review the system. It will look at elements (of the Australian points-based system) we can implement to make our system work for the benefit of Britain.” At the time of writing she has commissioned the MAC but no report has yet been prepared.
In summary, if there is a deal,
- free movement of EU workers will continue until 23:59 on 31stDecember 2020.
- EU citizens present in the UK before that date can secure their rights by application under the Settlement Scheme
- From 1st January 2021 EU citizens will be subject to a new immigration system
In the event of a "no deal" brexit
If there is no deal the UK will leave the EU at 11pm on 31st October 2019 without a withdrawal agreement and with no implementation period. Alternatively, the Benn Act could delay a no deal exit until January 2020.
EU nationals who have arrived in the UK by the date of the no deal exit can apply for status under the EU Settlement Scheme. All applications under the Scheme must be made by 31st December 2020.
Upon leaving the EU without a deal freedom of movement will initially be maintained[22].
However, the Home Office had stated its intention to end free movement “as soon as possible”[23]through the enactment of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill (introduced to Parliament on 20 December 2018). However, such plans appear to have been shelved.
Instead EU citizens and their family members arriving in the UK after a no deal Brexit will will automatically acquire leave to enter, without the need to apply for a visa; those who wish to stay longer will be encouraged to apply to the Home Office for European Temporary Leave to Remain. Subject to identity, criminality and security checks, leave to remain will be granted for 36 months which will include permission to work and study. This will be non-extendable temporary leave, and those who wish to stay longer will need to apply in due course under the future skills-based immigration system, which is expected to be effective from 1st January 2021.
In summary, if there is no deal
- The Free movement framework will continue post no deal Brexit by virtue of the European Union (Withdrawal) Act 2018;
- EU citizens entering the UK after a no deal Brexit will automatically acquire leave to enter without a visa, the right to work up until 31st December 2020 will be demonstrated by production of a valid EU passport or identity document. These EU citizens will not be eligible to apply for pre-settled status under the EUSS;
- Those EU citizens who arrived post no deal Brexit but who wish to stay longer than 31st December 2020 will be encouraged to apply for a non-extendable temporary 36 month visa, which will include permission to study and work;
- All EU citizens entering after the 31stDecember 2020 (or on expiration of the non-extendable temporary visa) will need to apply under the new skills-based immigration system.
What can employers and EU nationals do between now & Brexit?
In the event of a "deal" brexit
Free movement of EU workers will continue until 1st January 2021 and so initial disruption will be limited. However,
- Employers should ensure that they encourage all EU employees to apply for settled status or pre-settled status under the EU Settlement Scheme, as soon as possible and by 30th June 2021, when the scheme closes, at the latest.
- All EU citizens who have entered the UK before 1st January 2021 will be entitled to apply for status under the scheme.
- Any EU employee who entered the UK before 1st January 2021 but who does not have status under the Settlement Scheme by 1st July 2021 will be an illegal worker and the employer will be liable to civil penalties, loss of sponsorship licence or, in the most extreme examples, criminal prosecution.
- All EU nationals with settled status can continue to live and work in the UK and, if they wish, can apply for citizenship
- All EU nationals with pre-settled status can continue to live and work in the UK. They must apply for settled status prior to being resident in the UK for 5 years. If, having been resident for 5 years, they are granted settled status they can continue to live and work in the UK and, if they wish, apply for citizenship. However, if they fail to apply for settled status at the expiration of their pre-settled status they will be in the UK without legal authority and conceivably liable to enforcement action.
- Employers who wish to continue recruiting EU nationals after the new system begins on 1st January 2021 must keep abreast of immigration and work visa developments as they will almost certainly require sponsorship licences to recruit non-UK vets after that date.
In the event of a "no deal" brexit
Things will change a little more dramatically:
- Employers should ensure that they encourage all EU employees to apply for settled status or pre-settled status under the EU Settlement Scheme as soon as possible.
- Only EU nationals who have entered the UK by no deal Brexit date will be eligible for settled or pre-settled status. However, they will have until 31st December 2020 to make the application. If they fail to make any such application they will become an illegal worker.
- Any EU national entering the UK post no deal Brexit will be entitled to work until 1st January 2021 by which time they will have to have either European Temporary Leave or have made application under the new immigration system in order to be eligible to work.
- The duty will be on the employer to ensure that EU employees have the right to work.
- The employer will be responsible for ensuring that all employees are entitled to work and, in the event that they are found to have employed an illegal worker will be liable to civil penalties, loss of sponsorship licence or, in the most extreme examples, criminal prosecution.
- Employers who wish to continue employing EU nationals should ensure that they keep abreast of immigration and work visa developments as they will almost certainly require sponsorship licences to recruit non-UK vets after the new system begins on 1st January 2021
The UK’s Future Skills-Based Immigration System, from 1st January 2021
For the purposes of this article I will refer to the extant White Paper (The UK's Future Skills-Based Immigration System white paper) for guidance as to what the future immigration system will look like.
However, it should be noted that Mr Johnson and Ms Patel have both referred to reform of the Immigration System as put forward in the White Paper, and the adoption of an Australian-style Points-Based System. Amidst all this uncertainty the following should be borne in mind:
- At the date of writing Ms Patel has commissioned the MAC to investigate a proposal for an Australian-style Points-based system but no report is yet ready.
- Although under the Australian system an applicant does not require a job offer from a sponsor, Ms Patel has made it quite clear that any system she presides over will; “We'll be able to prioritise the people who can and will add significant value to our country. To do this we will build on the proposals in our White Paper to create a fair new skills-based approach…We'll give top priority to those with the highest skills and the greatest talents – to attract those who add the most value to our economy. These skilled workers will only be able to come here if they have a job offer from an employer registered with the Home Office, and if they can speak English.”[24]
- There is a very real need for more more vets - as the National Audit Office noted following a review of Defra Brexit readiness: “Without a significant increase in the UK’s veterinary capacity, Defra will be unable to process the increased volume of export health certificates it expects if there is no deal." In addition vets are highly skilled. Therefore, I will dare to opine that any tweaks to “build upon” the proposals in the White Paper will not greatly alter the position for post Brexit recruitment of non-UK vets from the position under the White Paper as presently drafted.[25]
Once the “built upon” White Paper replaces or amends the Immigration Rules there will be no distinction between EU migrants and migrants from the rest of the world. All will be subject to a single system. Thus, veterinary sector employers who wish to continue to recruit EU nationals will have to become acquainted with the UK Points Based System[26]. In addition, in order to recruit any non-British migrant to a veterinary position the employer will almost always have to hold a sponsor’s licence.[27]
The UK’s Current Points-Based System - Tier 2 (General) skilled migrants
Presently, the most common route for non-EU migrants to gain work in the UK is via Tier 2 (General) route of the Points Based System[28]. It is the reform of this route under the White Paper that will be of most interest to vet practises wishing to continue recruiting EU vets post 1st January 2021.
Under the system at present, an applicant must:
- be 16 or over;
- have a job offer that fills a recognised gap in the UK labour force due to any of the following factors:
- job is on the shortage occupation list (The Home Office has approved the MAC’s recommendation that Veterinarians should be added to the SOL from 6th October 2019)
- employer has gone through the steps of the resident labour market test and there is no settled worker available for the role
- job commands a salary in excess of £159,600
- have a Certificate of Sponsorship from an organisation that is a licensed sponsor in the UK;
- not own more than 10% of the sponsor’s shares;
- have a job offer with an annual salary of £30,000 or over;
- have a job offer with a skill level at graduate level (RQF6) or above with some exceptions for shortage occupations;
- demonstrate that the maintenance requirement is met by holding £945 in savings for 90 days, or the sponsor certifies on the Certificate of Sponsorship that they will maintain and accommodate the employee to the end of the first month of employment in the UK if required;
- have at least a B1 level of English language ability;
- pay the Immigration Health Surcharge;
- pay the Immigration Skills Charge;
- not have been in the UK with entry clearance or leave to remain as a Tier 2 migrant at any time during the 12 months immediately before the application (with some exceptions);
- not fall for refusal under the General Grounds.
At present there is a cap of 20,700 Tier 2 (General) visas per annum across all sectors.
The White Paper’s Proposed Changes to Tier 2 (General)
The MAC report recommended several very important changes to the Tier 2 route when EU workers become subject to it:
- Scrapping of the Resident Labour Market Test (RMLT)
- Reduction of the skill standard to RQF 3, making an additional 142 occupations eligible and increasing the share of existing employees’ jobs that meet the baseline criteria by around 5 million
- Removal of the annual cap on visas
The MAC did however recommend that the £30,000 salary threshold remains.
The White Paper has adopted the recommendations of the MAC report but does not set a figure for the salary threshold.
The BVA is warning that “a £30,000 threshold for EU workers could lead to a near-total wipeout of veterinary surgeons in critical public health roles in UK slaughterhouses, with devastating consequences for UK trade. Starting salaries for Official Veterinarians monitoring standards, food safety and animal health and welfare in abattoirs are in the mid-£20,000s, meaning that imposing this threshold following consultation could jeopardise the capacity of this vital and specialist section of the workforce.”[29]
On 24th June 2019 the former Home Secretary asked the MAC to consider "how future salary thresholds should be calculated, the levels of salary thresholds, whether there is a case for regional salary thresholds for different parts of the UK, and whether there should be exceptions to salary thresholds, for example because they’ve newly started the occupation or because they work in an occupation in shortage".
The White Paper proposes the scrapping of both the cap on Tier 2 migrants and the RLMT thereby nullifying the benefits of being on the SOL. Being extremely optimistic, perhaps the only future benefit of being on the Shortage Occupation List might be the reduction in the salary threshold for those occupations on the list.
However, it is important to remember that Government’s aim is to reduce net migration and perhaps one should not expect too much loosening of the MAC’s proposed threshold after the consultation.
In summary there will be a route for recruiting highly skilled EU vets post-Brexit. The following factors have to be borne in mind:
- There will be no cap on the number of migrants eligible via this route
- There will be no Resident Labour Market Test
- The recruited position will have to be at skill level RQF 3 or above (Veterinarians are at RQF 6 and veterinary nurses at RQF 3);
- There will be an as yet undetermined salary threshold;
- All employers wishing to recruit non-British staff will have to obtain a sponsor’s licence and abide by the compliance rules;
- There are costs involved in recruiting from overseas including the visas, the sponsor licence, the certificate of sponsorship, the immigration skills charge, the immigration health charge and putting the processes and procedures in place for compliance purposes.
Sponsor Licences
All employers wishing to recruit non-British medium to highly skilled staff post Brexit will have to obtain a sponsorship licence. In order to do so they will have to show:
- The company is a genuine organisation operating lawfully in the UK, ensuring all non-British workers have the right to work in the UK and are documented;
- The company's leading personnel are honest, dependable and reliable;
- The company has effective HR resources to meet the sponsorship duties specified by UKVI;
- The employment offered is genuine and meets the Tier 2 (General) skill level and appropriate rates of pay; and
- The company has no previous history of immigration non-compliance or criminal convictions.
Once licenced, the employer will be responsible for ensuring that all employees have and continue to have the right to work, for keeping records of all relevant documentation, and for compliance with the sponsor’s duties (including reporting breaches to the relevant authorities).
Breaches of the sponsor’s duties can result in downgrading, suspension or revocation of the licence.
Breaches of the rules on illegal working can result in civil penalties of up to £20k per illegal worker.
The most serious and wilful breaches of the rules on illegal workers may result in criminal prosecution with maximum penalties of up to 2 years’ imprisonment and/or an unlimited fine and disqualification from being a company director.
Those already familiar with the sponsorship system will realise that it is administratively burdensome. The Immigration White Paper promises, “The future system will be business friendly. We will also reform the sponsorship system to minimise burdens on employers, particularly small and medium-sized enterprises (SMEs).”
The details provided state, “there are a number of practical steps we can introduce in the short-term which will reduce the time organisations spend interacting with the system. We will review sponsor duties and what it is we ask employers to do. We will seek to remove those duties where information is held elsewhere, has already been provided to government or adds little to the integrity of the immigration system. Our aim is to ensure that overall, when the new single system is in place, the burden on businesses is no greater than it is at present. To maintain the UK’s competitive edge in attracting international talent, we are committed to minimising the time it takes to hire a skilled migrant and aim to process the vast majority of work visas within two to three weeks.”
We will have to wait and see if the Home Office honours its commitment.
Overseas Graduates from UK Universities
EU nationals currently have an unrestricted ability to study in the UK and are free to work without restrictions both during and after study.
This will change after Brexit and EU students will require a Tier 4 (General) student visa.
Following the recommendations of the MAC report, the White Paper makes some concessions to overseas graduates from UK universities post January 2021.
The White paper promises:
- to improve the current offer to those who have completed a degree who want to stay on in the UK to work after they have completed their studies, by offering six months’ post-study leave to all master’s students, and bachelor’s students studying at an institution with degree awarding powers – giving them more time to find permanent skilled work and to work temporarily during that period. Those who have completed a PhD will have a year.
- to allow students studying at bachelor’s level or above to be able to apply to switch into the skilled workers route up to three months before the end of their course in the UK, and from outside of the UK for two years after their graduation.
Of course, to switch in to the Tier 2 (General) route the EU student will have to have a job offer from an employer holding a sponsor licence.
Recognition of Qualifications
Under the existing Mutual Recognition of Professional Qualifications Directive, EEA and Swiss nationals with a veterinary degree from these areas can automatically join the RCVS Register without any additional assessment being made.
On 6thFebruary 2019 the Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019 were debated and passed in the House of Lords.
The new Regulations only allow graduates from schools accredited by the European Association of Establishments for Veterinary Education (EAEVE) to be eligible for mutual recognition.
Those who have graduated from non-EAEVE accredited schools will have to sit the Statutory Examination for Membership.
It is thought that about 13% of new EU registrants are from non-EAEVE accredited schools. The new Regulations will not affect those already registered to practise veterinary surgery in the United Kingdom.
Has the Government heeded the calls of the RCVS and BVA for a post-Brexit world?
Having reviewed the concerns of the veterinary profession and (as best we can) the governments plans for immigration post-Brexit, let's examine whether the government has heeded the calls of the profession:
- The UK Government should guarantee working rights for non-British EU vets and veterinary nurses currently working and studying in the UK, and for British vets and VNs working in the EU, at the existing level with no time limit.
- The onus is on EU vets, nurses and students currently in the UK to register under the EU Settlement Scheme. Those who have been resident for 5 years will be granted settled status (indefinite leave to remain), those resident under 5 years will be granted pre-settled status. After completing 5 years of residence those with pre-settled status can apply for settled status. Those with settled status will be eligible to apply for citizenship should they so desire.
- The fate of British vets and VNs in the EU will be governed by any withdrawal agreement or country specific agreement post a no deal Brexit and is beyond the scope of this blog.
- The UK Government should devise an immigration system that takes account of veterinary workforce needs in the wide range of roles vets and vet nurses fulfil.
- The White Paper is the best indicator as to what the future immigration system will look like.
- There will be a single system which does not differentiate between EU and non-EU migrants
- Non-UK vets will have to apply for a visa, most likely under Tier 2 (General).
- Tier 2 (General) will be amended to remove the cap on migrants, remove the Resident Labour Market Test, and reduce the skills level to RQF 3
- The salary threshold is still under review. If the threshold remains at £30k this could cause some problems for veterinary jobs in the meat hygiene sector and for VNs. It is possible that the review will make allowances for jobs on the Shortage Occupation List.
- All veterinary practices wishing to recruit non-UK staff will be required to a hold a sponsor’s licence
- The UK Government should add vets to the Shortage Occupation List or its equivalent and extend/continue to recognise existing Mutual Recognition of Professional Qualifications legislation through a transitional arrangement to mitigate against a sudden reduction in the veterinary workforce.
- The government added vets to the SOL from 6th October 2019. This is extremely good news for any employer wishing to recruit non-EU migrant vets. However, given that the White Paper promises to abolish both the cap on Tier 2 migrants and the RLMT, this is rather meaningless for EU migrants post January 2021.
- The Mutual Recognition of Professional Qualifications will continue in the form amended by Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019. Most EU/EEA/CH qualifications will continue to be recognised but those not accredited by EAEVE will be required to sit the Statutory Examination for Membership.
- The UK Government should ensure that current and future graduates of UK vet schools, regardless of their nationality, are prioritised for UK work visas or equivalent
- The government has not prioritised vet schools
- The government has given longer periods of post study leave for graduates to switch between Tier 4 and Tier 2 visas
- The UK Government should ensure no restrictions are placed on the free movement of EU-qualified veterinary surgeons or veterinary nurses, or on access to evidence, that would jeopardise veterinary research in the UK.
- The government has made no provision to allow any free movement post Brexit.
- The academic and research sector is fortunate to have access to specific visa routes and this will continue post Brexit with EU academics and researchers treated in line with those from other nations.
- The UK Government should exempt veterinary employers from the Immigration Skills Charge in order to avoid any additional barriers or burdens to veterinary employment due to the composition of the veterinary industry, which includes many small businesses which would struggle with the cost and administration related to the Charge.[2]
- This “call” is in line with the concern expressed by the BVA/RCVS when responding to the MAC’s initial call for evidence. The joint response raised concern that “the nature of veterinary practices as small businesses (meant they were) unable to meet the demands of an onerous visa based system".
- There is nothing in the White Paper which would suggest that vets would be exempt from the Immigration Skills Charge. The MAC report specifically recommends that the skills charge is kept.
- The administrative burden of interacting with a visa based system will remain. The only concession from government is to “reduce the time organisations spend interacting with the system”.
Conclusions
- The veterinary sector is highly reliant on EU vets.
- Post-Brexit EU vets arriving in the UK will have to hold a visa.
- That visa will most likely be via the Tier 2 (General) route as described in the White Paper or as built upon by the current Home Secretary
- All vets are skilled up to RQF level 6 and provided they have the requisite English language skills should be able to obtain a Tier 2 (General) visa
- There will be no cap on the number of Tier 2 (General) visas
- There will be no resident labour market test
- The salary threshold remains under review – even if this remains at £30k many vets will still be eligible although there is a fear that those applying for OV positions will not meet the threshold.
- Other than the inconvenience and cost of applying for the visa, EU vets themselves will not be hugely hampered by the introduction of the new system as outlined in the White Paper.
- The real burden of Brexit will fall upon the UK Veterinary Practices who will have to obtain sponsor licences with the added administrative burden that compliance entails. In addition, sponsoring migrants is expensive. Depending on the employer, the migrant will be expected to pay the visa fee and the immigration health charge but the employer will have to pay for the sponsor licence, each certificate of sponsorship, the immigration skills charge and the cost of putting systems in place to ensure compliance. The current fee payable for small companies (as defined by section 382 of the Companies Act 2006) to obtain a sponsor licence is £536 and it is £1,476 for large companies. The fee for each certificate of sponsorship is currently £199. The immigration skills charge is currently set at a rate of £1,000 per year of sponsorship for each migrant worker for large companies and £364 per year for small ones.
The veterinary profession is hugely reliant on EU vets. The UK cannot produce as many vets as needed, at present it is thought that there is an 11% workforce shortage (with EU vets). The need for non-British vets will therefore continue post-Brexit.
It remains to be seen whether the added inconvenience, administration, cost and potential perceived slur will deter EU vets from applying for jobs in the UK. It might be that the effect of Brexit is that far more non-EU migrants apply for positions in the UK.
One thing that is certain, it is the UK veterinary practises themselves that will be effected most by Brexit. The end of free movement will mean the end of a hassle- and visa-free supply of workers. Employers will be burdened by sponsor licences, sponsor compliance, HR procedures, policing of their workforce and the high cost of sponsorship. But, with only 44% of registrants to the RCVS UK qualified and the number of vets needed set to increase, the shortfall has to be made up by a non-British workforce with all the administrative burden that will entail.
[1]RCVS Facts, Facts and Figures from The Royal College of Veterinary Surgeons 2017
[2]9thOctober 2017 Veterinary Times
[3]BVA and RCVS Joint Response to the Migration Advisory Committee: Call for Evidence
[4]EU includes EEA & CH
[5]RCVS Facts 2017
[6]European Veterinary Surgeons working in the UK: The impact of Brexit (baseline survey), Dilys Robinson, Clare Everett and Matthew Williams Institute of Employment Studies
[7]9thOctober 2017 Veterinary Times
[8]BVA and RCVS Joint Response to the Migration Advisory Committee: Call for Evidence
[9]Ibid
[10]Institute for Government, Implementing Brexit: Customs, (2017)
[11]British Veterinary Association, Voice of the Veterinary Profession (Voice) survey, 2015
[12]BVA and RCVS Joint Response to the Migration Advisory Committee: Call for Evidence
[13]RCVS Facts, Facts and Figures from The Royal College of Veterinary Surgeons 2017
[14]BVA and RCVS Joint Response to the Migration Advisory Committee: Call for Evidence
[15]Ibid
[16]Veterinary Policy Research Foundation, 2016. Brexit -Veterinary Fact File. [Online] https://vprf.files.wordpress.com/2016/10/brexit-impacts-for-website.pdf
[17]BVA and RCVS Joint Response to the Migration Advisory Committee: Call for Evidence
[18]Ibid
[19]Federation of Small Businesses (FSB), A Skilful Exit: What firms want from Brexit, 2017
[20]BVA and RCVS Joint Response to the Migration Advisory Committee: Call for Evidence
[21]Mail on Sunday, 28thJuly 2019
[22]European Union (Withdrawal) Act 2018, section 2
[23]Immigration from 31 October 2019 if there is no deal, 28thJanuary 2019
[24]Mail on Sunday, 28thJuly 2019
[25]For more information on an Australian-style points based system please see https://migrationobservatory.ox.ac.uk/resources/reports/the-australian-points-based-system-what-is-it-and-what-would-its-impact-be-in-the-uk/
[26]Immigration Rules, Part 6A: The Points Based System
[27]Tier 1 (Exceptional Talent) visas do not require a job offer or sponsor but do require the applicant to be world-leading in their field
[28]Immigration Rules, Part 6A: The Points Based System Paragraphs 245H-245HH
[29]https://www.bva.co.uk/news-campaigns-and-policy/newsroom/news-releases/new-immigration-rules-risk-no-vets-in-abattoirs,-warns-bva/