Post Brexit – The UK Immigration System

The United Kingdom (UK) has left the EU and is currently in a transition period which is due to end on 31 December 2020. Last week, on Wednesday 19 February 2020, the UK Government launched a new points-based immigration system which will come into force on 1 January 2021.

After the transition period ends on 31 December 2020, there will be a major change to the UK’s Immigration System, namely that the UK will have one system for immigration which will treat EU and non-EU citizens equally. The new immigration system aims to prioritise those with the highest skills and the greatest talents, including scientists, engineers and academics.

After the transition period, what will be next for EU citizens?

The UK Home Secretary Priti Patel announced that from 1 January 2021 EU citizens will be treated as non-visa nationals. This means EU citizens would be able to come to the UK as visitors for six months without the need to obtain a visa. At present a lot of EU citizens are able to enter the UK through use of a national identity card, however the Home Office have announced plans to phase out for travel to the UK for EU citizens with identity cards alone.

After the transition period, should EU citizens wish to work or study in the UK they would need a visa. Under the current Immigration Rules there are routes for persons in specialised occupations such as ministers of religion, sportspeople, people in the arts, after the transition period the Government will open the existing visa routes for non-EU citizens to EU citizens. 

In regards to studying in the UK after the transition period, the UK Government has said that both EU and non EU nationals wishing to study in the UK after 1 January 2021 will need to show that they can support themselves financially, that they have an offer from an approved educational institution and that they speak English to a requisite level. Bear in mind EU nationals who live in the UK with Pre-Settled Status and Settled Status would not have such a restriction on their ability to study.

The UK Government has shed some light on how EU citizens will be treated after the transition period, however, further details about the new immigration system are to come, especially as the UK is in ongoing negotiations with the EU.

It is important to note that Irish citizens will be unaffected by the new points based system, they will be able to continue entering and living in the UK in the same way they do now.

How will the new Immigration System affect non-EU citizens?

A key feature of the UK’s post Brexit immigration system is the focus on skilled workers, with the aim of creating a high wage, high-skill, high productivity economy. The Home Secretary announced that the new immigration system will not include a work route for low-skilled persons or a temporary work route. Individuals wishing to work in the UK from January 2021 must be qualified up to A level or equivalent. Even though the UK Government is emphasising that they want to attract skilled workers, it is contradictory that workers will have to be qualified only up to A level or equivalent as this level of education is below what the current system requires for a work visa, which is degree level. From this perspective non-EU nationals may benefit from the lower educational requirements for a UK work visa. Whereas the UK Government has estimated that 70% of the existing EU workforce would not meet the requirements of the skilled worker route.

It is important to bear in mind that the UK Government is introducing a points based immigration system, which would not affect family routes, asylum and family reunion.

A positive affect of the new points based system for non-EU citizens is the creation of new immigration routes, including the skilled worker route, global talent visa and a fast-track NHS visa. The fast-track NHS visa is intended for certain medical professionals with NHS job offer, trained to a recognised standard and have good working English language skills. It is expected that the NHS visa will be available before the points based system is launched.

The skilled worker route will be open from autumn 2020 for people to work, live and study in the UK from 1 January 2021.  It is worth noting the new global talent visa has already opened on 20 February 2020. The creation of new visa routes for skilled professionals is a clear sign the Government is actively encouraging talented people from all over the world to work in the UK. In fact Mr Jan Thompson the Acting British High Commissioner to India has said ‘The new Points-Based Immigration System is great news for Indian nationals looking to work in the UK...This news is just the latest example of the UK’s continuing global outlook following our departure from the EU, and further evidence of our commitment to strengthening the UK-India Living Bridge’.

Who can I contact for legal advice?

If you need a U.K. immigration lawyer and need assistance with any aspect of U.K. immigration law whether from inside the U.K. or from overseas, contact Aschfords Law in Harrow, London.

Please contact us today on: +44 (0) 7582932830.