Following the UK-EU trade summit earlier this year, both parties have agreed to work towards the creation of an EU Youth Mobility Scheme (EU YMS). Some say that this would be a welcome change, given the significant reduction in EU workers entering the UK post-Brexit. Others argue that this would represent the first stepping stone back towards free movement of people. Whilst the details of the proposed EU YMS are still to be finalised, the current YMS that operates in the UK may provide us with some idea of what to expect.
What is a YMS?
The current YMS visa offered by the UK is available to individuals (i) from a small number of overseas countries, (ii) who are aged between 18 and 30 (or 35 for some countries) and (iii) who can prove they have sufficient savings to support themselves in the UK – currently £2,530. It is generally a two-year visa, although some individuals can extend for a further year.
What countries does the UK have YMS arrangements with?
Andorra, Australia, Canada, Hong Kong, Iceland, Japan, Monaco, New Zealand, San Marino, South Korea, Taiwan and Uruguay.
British Overseas Citizens, British Overseas Territories Citizens and British National (Overseas) individuals are also eligible if they meet the other criteria.
There is a separate Young Professionals Scheme visa that applies for Indian nationals.
What activities are permitted under a YMS visa?
Holders of a YMS visa are entitled to live in the UK and work in most jobs, with the exception of being a professional sportsperson. Some roles may of course, require further qualifications to align with regulatory requirements, such as in legal and medical professions. YMS holders can also study in the UK, but some courses require additional certifications. They can be self-employed and – in very limited circumstances – set up their own company.
There is no obligation to work in the UK as a YMS visa holder, although it is thought most individuals do in some shape or form. Visa holders have no access to public funds and cannot bring family members as dependants on their YMS application. In order to use the National Health Service (NHS), YMS holders must pay the Immigration Health Surcharge if their visa is for longer than six months. The surcharge is currently £776 per year and is paid up front with the visa application fee.
The YMS is valid for a two-year period and only individuals from Australia, Canada and New Zealand are permitted to extend for a further year. Beyond these limits, no extensions of YMS visas are possible.
What happens at the end of a YMS visa?
As explained above, a YMS visa will last for two years in the majority of circumstances and will in any event last for an absolute maximum of three years for certain individuals. The YMS cannot be extended any further.
In order to lawfully remain in the UK after the expiry of a YMS visa, an individual will have to satisfy the requirements of another applicable visa route and make a successful application. This could, for example, be sponsorship under a Skilled Worker visa, or under a Family route in the event of marriage/if a settled relationship developed during the individual’s time in the UK.
If there are no alternative visa routes available, then the individual will need to leave the UK when their YMS visa expires. Indeed, many YMS holders only ever view their time in the UK as temporary and will in any event, return to their homeland on expiry.
What might an EU YMS look like?
We would anticipate that the general principles of the EU YMS would be along similar lines to the UK’s current arrangements, albeit the practicalities may be different in some areas. For example, it has been reported that visas may be limited to 12 months, quotas may apply and there may be restrictions on the sectors that EU YMS holders could work in. There have also been reports of a “one in, one out” approach on individuals entering being considered. At this stage, it does not appear that this would be a gateway to the wider principle of free movement being rekindled.
What would the pros and cons be?
Brexit has had a clear impact on the availability of staff in a variety of sectors – particularly hospitality, retail and the rural economy. The proposed EU YMS would likely alleviate some pressures in these areas, although it would not be a perfect solution. EU nationals would only have a time-limited right to work in the UK and the proposed changes to casual worker relationships under the Employment Rights Bill could have a significant impact on recruitment for the types of seasonal roles that EU nationals often filled pre-Brexit. It is likely that the EU YMS would be welcomed by international employers, as it would provide another route for them to facilitate secondment arrangements for EU staff into the UK and UK staff into the EU.
The EU YMS would certainly not be a silver bullet in terms of increasing the staff pool available to UK businesses, but it would likely help some of the key sectors that were hit hardest by Brexit. As always, the devil will be in the (yet to be published) detail.
