Brexit reformed Britain’s immigration regime and will affect the flow of immigrants to the UK for many years to come. New immigration regulations, implemented in January 2021, abolish the free movement of people within the European Union (EU) and make all foreign workers subject to a points system.
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.
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.
