The UK’s Immigration System has been significantly impacted by Brexit, resulting in changes that have affected various sectors throughout the country. With regards to Immigration, pior to Brexit, European nationals enjoyed the Freedom of Movement in and out of the UK without restrictions. However, after the changes took effect, employers and family members of EU nationals residing in the UK had to take specific measures to secure their Immigration Status.
In particular, there have been significant changes to business procedures and family visa immigration rules. Businesses wishing to employ EU nationals now have to obtain Sponsor Licenses, while EU nationals and their family members have to apply for the EU Settlement Scheme to obtain Settled or Pre-Settled status. It is important to note that starting from early 2024, there may be EU nationals who fail to convert their Pre-Settled Status into Settled Status therefore, appropriate immigration strategy and collection of evidence is important to avoid unnecessary complications. The Home Office has discretion in allowing exceptions on an individual basis however, those are not guaranteed.
In terms of Business Immigration, the salary threshold for the Tier 2 visa, now called the Skilled Worker visa, has been lowered. Previously set at £30,000, it is now £25,600 and lower for certain cases, particularly if the job falls under the Shortage Occupation Code. Family Immigration rules for non-EU nationals have remained the same, requiring a minimum income of £18,600 and providing financial evidence. EU nationals now have to meet these requirements as well, although there are less restrictive rules for joining EU citizens with Pre-Settled Status under the EU Settlement Scheme.
Brexit has also impacted EU students wishing to study in the UK. They now need sponsorship from a licensed educational institution and must pay international tuition fees, visa fees, and the Immigration Healthcare Surcharge (IHS). Previously, EU nationals were subject to the same rules and fee structure as UK students. However, a beneficial addition is that after completing their education, both EU and non-EU nationals on a UK Student Visa can apply for a Post-Study Work visa, which carries no restrictions on salary or occupation and does not require employer sponsorship.
Brexit has also affected access to benefits that EU nationals were previously eligible for. While not directly linked to Immigration, it’s important to note that breaching visa conditions by claiming benefits can lead to visa curtailment and impact future Immigration Applications.
Overall, it is expected that the post-Brexit Immigration System will slow the growth of the migrant population in the long term, reducing EU Immigration compared to what would have been experienced under continued free movement. At the same time, the system for non-EU citizens has become slightly more liberal, potentially leading to an increase in non-EU migration.
EU nationals are not currently required to apply for a Visit Visa to travel to the UK for short-term purposes or business trips. They can stay in the UK for up to 6 months under the UK’s new Points-Based Immigration System, provided they comply with the permitted activities outlined by the Immigration Rules. However, living in the UK through frequent or successive visits is not allowed, and Immigration Officers at border control may rely on this broad term if they suspect the visitor’s intentions.
Overall, the UK Immigration System has relaxed many of its rules post-Brexit, which has been seen as a positive change by non-EU nationals who previously faced stricter regulations. However, for EU nationals, these Immigration changes have added additional steps to secure immigration status in the UK. It is advisable for both EU and non-EU nationals to consult with accredited Immigration Lawyers to ensure they are aware of their immigration rights and responsibilities while residing in the UK.