The United Kingdom’s departure from the European Union, commonly known as Brexit, marked a significant turning point in its immigration policy.
Prior to Brexit, the UK was part of the EU’s free movement regime, allowing EU citizens to live and work in the UK without needing a visa. This arrangement ended on December 31, 2020, initiating a profound shift in the UK’s approach to immigration​​.
In response to Brexit, the UK government introduced a new points-based immigration system, effective from January 2021. This system fundamentally changes the way the UK handles immigration, moving away from the EU-centric policy to a more global approach.
Under this system, both EU and non-EU citizens are treated equally, with the same immigration rules applied to all. The points-based system assesses applicants based on specific skills, qualifications, salaries, and professions, thereby aiming to attract people who can contribute to the UK economy​​.
The criteria for applicants under this new system are rigorous. For skilled workers, a job offer from an approved employer sponsor is mandatory. The job must be at a required skill level of RQF3 or above (equivalent to A level), and the applicant must be able to speak English. Moreover, they must be paid the relevant salary threshold by their sponsor, either the general salary threshold of £26,200 or the going rate for the job, whichever is higher. There are provisions for individuals earning less but possessing certain specific characteristics, such as a job offer in a shortage occupation or a relevant PhD​​​​.
For those wishing to apply for a UK visa post-Brexit, the process is primarily online. Applicants must fill out their visa application and pay the necessary fees through the UK government’s official website. During the application process, they are required to provide biometric information, which includes fingerprints and a photo. This biometric information is a crucial part of the visa application process, as it helps in verifying the identity of the applicant. The visa categories have also been expanded and redefined to cater to a wide range of applicants, including students, skilled workers, and those with global talent or specific creative skills​​.
For students, especially, there are specific routes that allow them to switch to a work visa after completing their studies. This provision is crucial for international students seeking employment opportunities in the UK post-graduation. The updated rules also state that students on postgraduate courses starting from January 2024 will only be able to bring dependants if they are enrolled in a PhD, a doctoral course, or a research-based higher degree. This change reflects the UK’s focus on attracting highly skilled individuals and their families​​.
Brexit has brought about monumental changes to UK immigration, marking the end of free movement with the EU and introducing a more globally oriented, points-based system. This new system emphasizes skills, qualifications, and the ability to contribute to the UK economy. For prospective immigrants, understanding these changes and preparing accordingly for the visa application process is crucial. With the right information and preparation, navigating the post-Brexit UK immigration landscape can be a straightforward process.
The post-Brexit UK immigration landscape has introduced specific visa categories and requirements, significantly impacting both EU and non-EU nationals. The overview of these changes is critical for understanding the current UK immigration system.
Skilled Workers
The new points-based system has transformed the approach to skilled worker immigration. Applicants need a job offer from an approved sponsor, with the job being at a skill level of RQF3 or above. English proficiency is mandatory. The salary threshold is set at £26,200 or the going rate for the job, whichever is higher. However, individuals earning less, but no less than £20,960, can still apply if they meet certain criteria, like having a job offer in a shortage occupation or holding a relevant PhD​​​​.
Global Talent Scheme
The Global Talent Scheme, opened to EU, EEA, and Swiss citizens, allows highly-skilled scientists and researchers to come to the UK without a job offer. This scheme is part of the UK’s effort to attract leading talents in various scientific and research fields, emphasizing the country’s commitment to being a global leader in innovation and research​​.
Student Visas
Post-Brexit, student visa routes for EU, EEA, and Swiss citizens require an offer from an educational institution, English language proficiency, and sufficient financial means to support oneself and pay for the course. This change ensures that the UK continues to attract international students while maintaining a standard for their ability to sustain themselves and succeed academically​​.
Marriage Visitor Visa
Individuals looking to get married or register a civil partnership in the UK must apply for a Marriage Visitor visa. This is crucial for those who intend to celebrate these life events in the UK but do not plan to stay long-term​​.
EU Settlement Scheme and Its Implications
The EU Settlement Scheme was introduced to protect the rights of EU, EEA, and Swiss citizens residing in the UK. Those living in the UK by December 31, 2020, were eligible to apply, with the deadline set for June 30, 2021. However, late applications are accepted under reasonable grounds. This scheme ensures that residents from these areas can continue their lives in the UK with minimal disruption post-Brexit​​.
Changes in Immigration Rules and Sponsorship Licenses
Since January 1, 2021, significant changes have been implemented in UK immigration rules. These include the transition to a points-based system and the introduction of new visa routes. Employers are now required to adapt to these changes, particularly in sponsoring non-EU workers. They must ensure compliance with updated sponsorship licenses, maintain appropriate records, and carry out right to work checks​​​​.
The post-Brexit immigration system places a strong emphasis on skill, talent, and the economic contribution of immigrants. For employers, it demands a more involved role in ensuring their employees’ compliance with the new immigration regulations. For individuals, it means navigating a more complex but potentially rewarding path to living, working, or studying in the UK. These changes reflect the UK’s shift towards a more controlled and selective immigration policy, focusing on the country’s economic and social needs in the post-Brexit era.
The UK’s post-Brexit immigration policy has introduced the Skilled Worker route, replacing the Tier 2 visa category. This shift is part of the broader changes to the immigration system, notably the implementation of a points-based approach. Under this new system, skilled workers must have a job offer from an approved employer sponsor, meet certain skill levels, and satisfy salary thresholds. The salary requirement is either the general threshold of £25,600 or the going rate for the specific job, whichever is higher. Tradeable points allow flexibility for applicants earning less than the general threshold but possessing attributes like a job offer in a shortage occupation or a relevant PhD​​​​​​.
Sponsored workers now face additional financial considerations. There’s an immigration health surcharge of £624 per year and an immigration skills charge, which varies between £364 and £1,000 annually depending on the size of the business. These charges are part of the broader efforts to ensure that immigration contributes positively to the UK’s public finances. Additionally, there may be requirements for an English language test and proof of financial maintenance, the latter typically needing funds to be in the applicant’s account for at least 28 days unless the sponsor certifies maintenance​​​​.
The visa routes have also been modified to adapt to the new system. Notable changes include the skilled work route, which requires sponsorship, salary, and skill thresholds, and the unsponsored work route, limited to highly skilled individuals. For students, there’s a graduate route allowing them to look for work after graduation without a sponsor. However, there is no specific immigration route for many ‘low-skilled’ workers, which could pose recruitment challenges​​​​.
Employers must now conduct rigorous right to work checks, ensuring compliance with the updated rules. For British citizens working in the EEA or Switzerland, it is vital to understand the visa requirements and costs in these regions post-Brexit. These changes necessitate a proactive approach from employers to adapt to the evolving immigration landscape and ensure compliance with the new regulations​​​​.
In summary, the new Skilled Worker route and the broader changes to the UK’s immigration system represent a significant shift towards a more regulated and skill-focused approach. These changes bring new challenges and responsibilities for both employers and workers, demanding a thorough understanding and adaptation to the new regulations. The system aims to balance the need for skilled workers in the UK while ensuring that immigration is sustainable and beneficial to the country’s socio-economic fabric.
Managing cross-border workers in the post-Brexit era involves understanding new rules and adapting to changes in the UK’s immigration system.
Intra-company Transfer Rules and Conditions
The intra-company transfer (ICT) route, part of the points-based immigration system, allows multinational companies to transfer existing employees from overseas offices to the UK. Changes post-Brexit have retained the essential structure of this route but with modifications. The ‘cooling off’ period rules have been relaxed, allowing more flexibility for employees to re-enter the UK. However, there is a cap on the total duration an individual can stay in the UK under this route, with a standard maximum of five years in any six-year period. Higher earners, with salaries of £73,900 or more, can stay for up to nine years​​.
Navigating the EU Settlement Scheme in 2023 The EU Settlement Scheme (EUSS) remains crucial for EU, EEA, and Swiss citizens in the UK. In 2023, individuals with pre-settled status are automatically granted a two-year extension if they have not yet obtained settled status. This automatic process is designed to safeguard their immigration status. Late applicants to the EUSS need to provide valid reasons for their delay, and these reasons are now a requirement for the validity of the application rather than just eligibility​​.
2023 Updates on Immigration Rules and Fees Several key dates in 2023 mark changes to the UK immigration rules, affecting student, personal, and work visas. This includes changes to the Skilled Worker Shortage Occupation List, expanding eligible occupations to address labor market needs. Additionally, there is an emphasis on the genuineness of skilled worker visa applications, with increased scrutiny on applicants’ ability to perform the jobs they are sponsored for. For GP specialty training applicants, a new provision allows them to stay an additional four months post-training to find employment. Furthermore, the Immigration Health Surcharge and Visa Application Fees have seen significant increases, reflecting the government’s approach to managing immigration costs​​​​​​.
Conclusion:
Navigating the New Immigration Landscape Navigating the UK’s new immigration landscape requires an understanding of these updated rules and regulations. Employers and individuals alike must adapt to these changes, particularly in terms of sponsorship, visa applications, and compliance with the EU Settlement Scheme. For accurate and updated information, it’s essential to consult government resources like the UK Visas and Immigration website and the official guidance on the Home Office’s page. These sources provide the most current information on immigration rules, application processes, and other critical aspects necessary for managing cross-border workers effectively in this new era.
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