Brexit reformed Britain’s immigration regime and will affect the flow of immigrants to the UK for many years. New immigration regulations, implemented in January 2021, abolish the free movement of people within the European Union (EU) and subject all foreign workers to a points system. This guide explains more about Post-Brexit Immigration Changes in detail.
Let’s make it easy and outline what the post-Brexit immigration deal is for employees, companies, and students.
1. Free Movement Out of the EU – End of the Rule of Law.
From 1 January 2021, people entering the UK from the EU will not differ from those arriving from elsewhere. This will leave EU nationals with no pre-existing right to live and work in the UK. They’ll have to request a visa under the new immigration regulations instead.
2. Points-Based Immigration System
The UK now has a points-based system to select workers to work here. : Points are awarded depending on qualifications, skills, pay, and if the job is a hot or cold one. Candidates must score enough points to get a visa.
- Job Seekers: If you have an offer from a UK employer that has been confirmed, you’ll need to demonstrate that you’re capable of the tasks (ie you are skilled enough) and pay.
- EU Settlement Scheme: EU, EEA or Swiss citizens who are in the UK currently need to claim the EU Settlement Scheme before 30 June 2021 to remain in the UK. They will be “settled” (permanent) or “pre-settled” (temporary) if they are approved.
3. Skilled Worker Visa
The UK wants to attract skilled workers, including those from the EU. To apply for a Skilled Worker Visa, you need a job offer from a UK employer and to meet certain points criteria. There is no cap on how many skilled workers can apply.
Applicants must:
- Have a job offer at the right skill level (RQF 3 or above).
- Meet the English language requirement.
- Score points based on salary, education, or the type of job.
For example, if your job is in a shortage occupation (like healthcare or tech), you can earn more points.
4. Health and Care Visa
Doctors, nurses, and other healthcare professionals can apply for the Health and Care Visa. This visa offers a fast-track process, lower fees, and an exemption from the Immigration Health Surcharge. Applicants must have a job offer from an eligible employer, such as the NHS.
5. Global Talent Visa
The UK wants to attract top talent in fields like science, technology, engineering, arts, and digital sectors. The Global Talent Visa allows individuals with exceptional skills or potential to come to the UK. This visa is open to both EU and non-EU citizens and can be used by leaders in their fields or those with promising careers.
6. Startup and Innovator Visas
The UK is looking to attract entrepreneurs who can bring innovative ideas and business plans. The Startup Visa is for those setting up a new business, while the Innovator Visa requires at least £50,000 in investment. Both routes are now available to EU citizens as well as non-EU citizens.
7. Graduate Immigration Route
International students who complete a degree in the UK can stay for two years after graduation to work or look for work under the Graduate Immigration Route. This is available to students who graduate in 2021 or later. The route is not extendable beyond two years.
8. No Route for Low-Skilled Workers
There will be no immigration route for workers who do not meet the skills or salary thresholds. Low-skilled workers will not be eligible to apply for a visa under the new system.
9. What Employers Need to Do
If businesses want to hire foreign workers, including those from the EU, they must apply for a Sponsor Licence. This license allows employers to sponsor skilled workers for visas. Employers will need to manage their sponsor duties and follow the rules set by the Home Office.
10. Key Differences Between the New and Old Systems
The new points-based system applies to all nationals, including EU citizens. Key changes include:
- The salary threshold is reduced from £30,000 to £25,600 per year.
- The skill level requirement is lowered from RQF level 6 to RQF level 3, meaning more types of jobs, like IT or medical technicians, can qualify.
- There is no cap on the number of skilled workers who can apply.
Key Changes in Immigration Rules
- End of Free Movement: EU nationals can no longer enter the UK freely for work, study, or family reasons. They must now apply for visas under the same conditions as non-EU migrants.
- Points-Based System: The new immigration system awards points based on specific criteria such as job offers, salary thresholds, and English language proficiency. A minimum salary threshold of £25,600 is generally required for skilled worker visas.
- Employer Sponsorship: Businesses wishing to hire foreign workers must now be licensed sponsors. This requires employers to navigate new compliance regulations and ensure that potential employees meet the visa requirements.
Implications for Migration Trends
The introduction of this system has led to notable shifts in migration patterns:
- Decrease in EU Migration: There has been a marked decline in net migration from the EU, with many EU citizens leaving the UK rather than arriving. This trend is attributed to the stricter rules and increased barriers to entry.
- Increase in Non-EU Migration: Conversely, non-EU migration has risen due to more liberalized rules for skilled workers from outside the EU. Lower skill and salary thresholds have made it easier for certain low-skilled workers to qualify for long-term work visas.
- Sector-Specific Impacts: Industries that rely heavily on EU labor, such as hospitality and agriculture, are experiencing significant labor shortages due to these changes. Employers are struggling to fill low-skilled positions as a result.
Compliance and Responsibilities for Employers
Employers must adapt to the new immigration landscape by:
- Verifying Right to Work: Employers need to check that potential hires have the right to work in the UK. This includes understanding various visa routes and ensuring compliance with Home Office regulations.
- Understanding Visa Requirements: Employers need to be aware of specific visa types available, including work visas and family visas, and the associated requirements such as English language proficiency.
The UK’s post-Brexit immigration system is designed to attract skilled workers, entrepreneurs, and students while restricting low-skilled immigration. These changes may seem complicated, but they offer opportunities for those who meet the new requirements.
If you’re uncertain about how the new immigration rules apply to you, or if you need help with a visa application, Law and Visas can guide you through the process. Our expert immigration consultants are here to help you navigate the changes and ensure a smooth transition.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel for business straightforward and successful. With the changes in immigration rules post-Brexit, it is more important than ever to ensure that you are fully prepared. Whether you’re applying for a Business Visa or an Immigrant Investor Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas and permits they need for international travel. Call us today at +234 812 5505 986 to learn how we can assist you.
