Navigating Immigration Law Post-Brexit – Our Insights
Welcome to our comprehensive guide on navigating immigration law post-Brexit in the United Kingdom. As Brexit brings about significant changes to the UK’s immigration system, it is crucial for individuals, both EU and non-EU nationals, as well as UK employers, to stay informed and up-to-date with the latest updates and regulations.
Under the EU Settlement Scheme, EU nationals who were resident in the UK before December 31, 2020, were granted the right to continue living and working in the UK. However, they needed to apply for UK immigration status before June 30, 2021. The end of the Brexit transition period marked the introduction of a new points-based immigration system for EU nationals coming to the UK from January 1, 2021. This means that EU nationals now require a UK visa for work or any purpose outside of a visit.
Throughout this article, we will explore the key aspects of immigration law post-Brexit, including the EU Settlement Scheme, the new immigration system for EU nationals, the impact on non-EU immigration, and the requirements for employers and right to work checks. We will also discuss future changes and new visa routes that will be introduced later in 2022 to attract top talent and support UK businesses in their growth and innovation.
Key Takeaways:
- EU nationals who were resident in the UK before December 31, 2020, were given the right to continue living and working in the UK under the EU Settlement Scheme.
- EU nationals coming to the UK from January 1, 2021, require a UK visa for work or any purpose outside of a visit.
- Non-EU immigration rules remain unchanged post-Brexit.
- The Skilled Worker visa route is the main work visa route post-Brexit.
- Employers must conduct right to work checks on all employees, including EU nationals.
- New visa routes, such as the High Potential Individual and Scale-Up routes, will be introduced in 2022.
The EU Settlement Scheme and EU Nationals’ Rights
EU nationals and qualifying family members who were resident in the UK before December 31, 2020, were given the right to continue living and working in the UK under the EU Settlement Scheme.
They had to apply for UK immigration status before June 30, 2021. Late applications are still being accepted by the Home Office if there was a valid reason for the delay.
Lack of status affects an individual’s right to re-enter the UK, work, rent a property, open a bank account, or access NHS healthcare. The EU Settlement Scheme covers EU nationals, as well as Swiss, Norwegian, Icelandic, and Liechtenstein nationals.
New Immigration System for EU Nationals
Since the end of the Brexit transition period, a new points-based immigration system has been implemented for EU nationals coming to the UK. As of January 1, 2021, EU nationals require a UK visa for work or any purpose other than a visit. The eligibility criteria for specific visa routes must be met.
The new system treats EU nationals the same as non-EU nationals, ensuring fairness and consistency. However, EU nationals who were already working in the UK before January 1, 2021, are not required to undergo retrospective right to work checks. In the event of changing employers, they may need to provide proof of settled or pre-settled status obtained through the EU Settlement Scheme.
Eligibility Criteria for UK Visas
“The new points-based immigration system requires EU nationals to meet the eligibility criteria specific to the visa route they are applying for.”
The introduction of a points-based system streamlines the immigration process and emphasizes the skills and contributions that individuals bring to the UK. Through this system, the UK aims to attract the best talent and ensure the fulfillment of labor market needs.
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Impact on Non-EU Immigration
Brexit has brought significant changes to the UK immigration system, but it’s important to note that these changes do not affect non-EU immigration. The existing UK immigration rules continue to apply to non-EU nationals, and any modifications to the system also have implications for EU nationals from January 1, 2021.
Non-EU nationals traveling to the UK for more than six months or for purposes other than permitted visitor activities must obtain a visa before their journey. The type of UK visa required depends on the individual’s nationality, the purpose of their visit, and specific eligibility criteria.
There are various types of UK visas, each with its own set of conditions and eligibility requirements. These visas encompass a range of categories, including work visas, study visas, family visas, and investment visas. Non-EU nationals should carefully assess their specific situation and choose the appropriate visa route that aligns with their intentions and circumstances.
Here is an overview of some key UK visa categories for non-EU immigration:
| Visa Category | Purpose | Eligibility Requirements |
|---|---|---|
| Skilled Worker Visa | Employment | Job offer from a licensed UK employer, meeting skill and salary thresholds |
| Student Visa | Study | Confirmation of acceptance for studies from a recognized UK educational institution |
| Family Visa | Joining family members in the UK | Relationship with a British citizen or settled individual, financial requirements |
| Investor Visa | Investing in the UK | Minimum investment amount, source of funds, ability to fulfill the investment requirement |
It’s essential for non-EU nationals to understand and fulfill the specific criteria and requirements for their chosen visa category. Failure to comply with the UK visa requirements may result in visa refusal or other legal implications. Seeking professional advice from immigration experts can help navigate the complexities of the immigration process and ensure a smooth transition to the UK.
In the next section, we will explore the details of the Skilled Worker Visa, which is one of the main visa routes for non-EU nationals under the post-Brexit immigration system.
Skilled Worker Visa Route
The Skilled Worker visa route is the main work visa option post-Brexit, replacing the old Tier 2 General category. To qualify for this visa, individuals must secure a skilled job offer from a licensed UK employer. The employer must possess a sponsor license and fulfill all compliance obligations. Roles eligible for sponsorship are those classified as skilled to RQF 3 (A Level or equivalent). Minimum salary thresholds must be met, and there is no longer an annual cap on the number of skilled workers allowed to enter the UK. Employers must demonstrate a genuine need for the position and the migrant’s skills, qualifications, and experience. Holders of a Skilled Worker visa may be eligible for permanent residence in the UK after 5 years.
Sponsor License and Compliance Obligations
Employers who wish to sponsor skilled workers under the Skilled Worker visa route must obtain a sponsor license. This license verifies the employer’s credibility and ability to meet their sponsorship duties. Responsibilities include maintaining a record of sponsored employees, reporting any changes or breaches of immigration rules, and ensuring compliance with all relevant laws and regulations.
As part of the application process, employers will be assessed based on their HR systems, human resource practices, and overall ability to adhere to the compliance requirements. It is essential for employers to familiarize themselves with these obligations to avoid any penalties or jeopardizing their ability to sponsor international workers in the future.
| Key Points of the Skilled Worker Visa Route |
|---|
| The Skilled Worker visa replaces the old Tier 2 General category. |
| Skilled job offer from a licensed UK employer is required. |
| Employer must possess a sponsor license and meet compliance duties. |
| Roles eligible for sponsorship are those skilled to RQF 3 (A Level or equivalent). |
| No annual cap on skilled workers entering the UK. |
| Employer must demonstrate a genuine need and meet specific criteria. |
| Possibility of permanent residence in the UK after 5 years. |
Global Business Mobility (GBM) Route
The Global Business Mobility (GBM) route offers an alternative to the previous Intra-Company visa routes, providing greater flexibility for companies and employees. The GBM route encompasses five distinct sub-categories, each tailored to specific circumstances and business needs.
Senior or Specialist Worker
The Senior or Specialist Worker sub-category is designed for highly skilled individuals who occupy senior or specialist roles within their organizations. This sub-category is ideal for individuals with extensive experience and expertise in their field, making significant contributions to their company.
Graduate Trainee
The Graduate Trainee sub-category is aimed at recent graduates who wish to gain practical work experience in the UK. It provides an opportunity for talented individuals to learn from industry professionals and contribute to the growth of their organization. This sub-category is particularly beneficial for individuals looking to kickstart their careers through hands-on training.
UK Expansion Worker
For overseas businesses looking to establish a new branch or subsidiary in the UK, the UK Expansion Worker sub-category offers a suitable pathway. This sub-category enables companies to transfer their employees to the UK to oversee the setup and expansion of their operations.
Service Supplier
The Service Supplier sub-category caters to individuals who provide services to UK-based clients on a contractual basis. This sub-category allows companies to access specialized expertise from overseas, encouraging collaboration and innovation.
Secondment Worker
The Secondment Worker sub-category facilitates the temporary transfer of employees between international branches of the same company. This sub-category promotes knowledge sharing, strengthens global networks, and fosters professional development.
To sponsor migrant workers under the GBM route, employers must hold a valid UK sponsor license in the relevant sub-category. Each sub-category has specific requirements and time limits, ensuring that applicants meet the necessary criteria to contribute effectively to the UK’s business landscape.
Existing Sponsors and Tier 2 Migrants
As we transition to the new UK immigration system, existing sponsors who were licensed under the old Tier 2 visa routes are automatically transferred to the relevant new system. For sponsors who previously held a Tier 2 visa license, the transfer will be to the Skilled Worker visa route in 2021 or the Global Business Mobility (GBM) route in 2022. This ensures a seamless transition and minimal disruption for businesses.
If you are an existing Tier 2 visa holder, you do not need to take any immediate action. However, it’s important to note that at extension and permanent residence stages, you will need to meet the requirements of the new Skilled Worker or GBM routes. Keeping up with the updated criteria will enable you to maintain your immigration status and continue to work in the UK.
For employers who do not currently have a sponsor license, it is vital to apply for a UK sponsor license if you intend to sponsor both EU and non-EU workers. Holding a sponsor license grants you the ability to hire skilled workers from around the world, ensuring that your business has access to the talent it needs to thrive in the UK market.
Comparison of Skilled Worker and GBM Routes
| Criteria | Skilled Worker Route | GBM Route |
|---|---|---|
| Licensing Requirement | UK sponsor license | UK sponsor license |
| Job Offer Requirement | Skilled job offer from a licensed UK employer | Highly skilled job offer in specific sub-categories |
| Eligible Roles | RQF 3 (A Level or equivalent) and above | Various categories to suit specific business needs |
| Salary Thresholds | Minimum salary thresholds must be met | Varies depending on the sub-category |
| Annual Cap | No cap on the number of skilled workers entering the UK | No cap on the number of migrants in most sub-categories |
| Permanent Residence | Eligible for permanent residence after 5 years | Eligibility for settlement varies by sub-category |
By adapting to the new immigration system and ensuring compliance with the relevant routes and licensing requirements, both sponsors and Tier 2 migrants can navigate the post-Brexit landscape with confidence, securing their status and contributing to the continued growth and success of the UK economy.
Future Changes and New Visa Routes
In 2022, the UK will introduce exciting new visa routes that aim to attract top talent, support the growth and innovation of UK businesses, and enhance the country’s global competitiveness.
The High Potential Individual Route
The High Potential Individual route will launch on May 30 and specifically target recent graduates from prestigious universities around the world. Eligible individuals will have the opportunity to showcase their skills and potential, making them valuable assets to the UK workforce.
This visa route recognizes the importance of nurturing and retaining the brightest minds, allowing them to contribute to the UK’s technological advancements, scientific research, and economic prosperity.
The Scale-Up Route
On August 22, the Scale-Up route will be unveiled, providing fast-growing UK businesses with greater flexibility and freedom when sponsoring migrant workers. This route acknowledges the crucial role that these businesses play in driving the country’s economic growth and job creation.
The Scale-Up route aims to meet the unique needs of these dynamic companies by streamlining the visa application process, reducing administrative burdens, and offering tailored conditions that align with the fast-paced nature of the scale-up environment.
Through this route, UK businesses will have the opportunity to attract international talent with specialized skills and experience, fostering innovation, and pushing boundaries in various sectors.
These new visa routes demonstrate the UK’s commitment to creating an inclusive and vibrant economy, where businesses can thrive, and talented individuals can contribute to the nation’s success.
| Visa Route | Launch Date |
|---|---|
| High Potential Individual | May 30 |
| Scale-Up | August 22 |
Employer Requirements and Right to Work Checks
As UK employers, it is our legal obligation to conduct thorough right to work checks on all employees, including EU nationals. These checks are essential to ensure compliance with immigration regulations and to protect both the employee and the employer.
Before an employee starts work, employers must carry out prescribed right to work checks. These checks confirm that the individual has the legal right to work in the UK and help prevent illegal employment. If an employee has a time-limited right to work, follow-up checks must be conducted to ensure ongoing compliance.
Importantly, retrospective right to work checks are not required for EU nationals who started work before January 1, 2021. However, if an EU national changes employers, the new employer must carry out right to work checks to establish their immigration status and eligibility to work in the UK.
To hire EU and non-EU workers legally, employers must possess a valid sponsor license. This license allows us to sponsor and employ workers from outside the UK, including EU nationals, under the appropriate visa routes. It ensures that our recruitment processes are compliant with the law and enables us to attract and retain the necessary talent.
Right to Work Checklist:
- Verify the employee’s original documents in-person or through a secure online system.
- Check that the documents are valid, genuine, and belong to the individual presenting them.
- Make and retain copies of the documents, ensuring they are securely stored.
- Record the date the check was made.
- Keep up-to-date with any changes to right to work requirements and guidance.
“Conducting proper right to work checks is not only a legal requirement but also crucial for protecting our business and ensuring a diverse and compliant workforce. It demonstrates our commitment to fair employment practices and upholding the integrity of the UK’s immigration system.”
| Employer Requirements | Right to Work Checks |
|---|---|
| Conduct thorough right to work checks | Verify original documents |
| Possess a valid sponsor license | Check document validity and authenticity |
| Comply with immigration regulations | Make and retain copies of documents |
| Protect employee and employer | Record date of the check |
The Importance of Clear Guidance and Administrative Burdens
Immigration guidance, administrative burdens, immigration process
The UK Government plays a crucial role in providing clear guidance to employers navigating the complexities of the post-Brexit immigration landscape. It is essential that this guidance is detailed, easy to understand, and covers all the necessary information employers need to comply with immigration requirements. Clear guidance ensures that employers can confidently navigate the immigration process and avoid unnecessary pitfalls.
By providing comprehensive information and step-by-step instructions, the government can alleviate the administrative burdens placed on employers. Clear guidance helps employers to streamline their processes and make informed decisions when hiring EU and non-EU workers. This guidance should cover important topics such as the EU Settlement Scheme, right to work checks, and post-Brexit immigration processes.
Employers should not face additional administrative or legal burdens related to immigration after December 2020. The government has a responsibility to ensure that the transition period is smooth and that employers have access to the necessary tools and resources to comply with the new immigration requirements. This includes providing user-friendly online platforms, clear instructions for completing immigration forms, and accessible support channels.
The Benefits of Clear Immigration Guidance and Reduced Administrative Burdens
Clear immigration guidance and reduced administrative burdens have several benefits for both employers and workers in the UK.
| Benefits for Employers | Benefits for Workers |
|---|---|
| Improved compliance with immigration requirements, minimizing the risk of legal consequences. | Peace of mind and reassurance that they are working for an employer who understands and adheres to immigration laws. |
| Efficient and streamlined processes for hiring and retaining talent from EU and non-EU countries. | Promotion of diversity and inclusion in the workplace, creating a welcoming environment for workers from different cultures and backgrounds. |
| Reduced administrative costs associated with immigration compliance. | Certainty and clarity regarding their immigration status and rights in the UK. |
“Clear immigration guidance and reduced administrative burdens create a win-win situation for employers and workers, fostering a fair and efficient immigration system in the UK.”
By prioritizing clear guidance and reducing administrative burdens, the UK government can ensure a smooth immigration process for EU workers and maintain a strong workforce that supports the country’s economic growth and prosperity.
Ensuring an Effective Immigration System Post-Brexit
The UK immigration system requires significant improvements to meet the challenges of post-Brexit immigration. To achieve this, the government should develop a comprehensive plan with clear objectives, regularly evaluate policies, and make better use of evidence.
The key areas that need attention include:
- Improving the efficiency and accuracy of the Home Office’s IT systems through necessary upgrades.
- Subjecting the immigration system to effective scrutiny to prevent crises and ensure transparency and accountability.
Modernizing the IT systems within the Home Office will greatly enhance the processing of immigration applications and reduce errors and delays. This will result in a more streamlined and efficient system, benefiting both applicants and immigration authorities.
Furthermore, effective scrutiny is essential to maintain the integrity of the immigration system. Regular evaluations and reviews of policies will help identify areas for improvement and address any concerns or issues promptly. This will ensure that the system remains fair, consistent, and aligned with the needs of the UK.
We must prioritize the implementation of these improvements to create a robust and effective immigration system that meets the demands of a post-Brexit UK. By investing in IT systems upgrades and establishing rigorous government scrutiny, we can build an immigration system that is efficient, transparent, and serves the best interests of the country.
Conclusion
The post-Brexit era has brought significant changes to the UK immigration system, impacting both EU nationals and UK employers. It is crucial for EU nationals to stay informed about the key dates and requirements to maintain their legal status in the UK. Employers, on the other hand, face the challenge of navigating the new immigration rules to recruit overseas workers in a compliant manner.
As we move forward, it is essential for the government to consider alternative departmental structures to ensure the effective management of the immigration system. This will enable smoother coordination and more efficient processes.
Clear guidance and streamlined administrative processes are vital for an efficient and sustainable immigration system post-Brexit. Employers need comprehensive information and support to understand the requirements and obligations they must comply with. Similarly, aspiring migrants require accessible resources to navigate the visa application process smoothly and accurately.
In conclusion, the UK must strive for a well-functioning and transparent immigration system that meets the needs of both EU nationals and UK employers. By focusing on improvements in guidance, administration, and system management, we can create an environment that fosters growth, diversity, and economic prosperity.
FAQ
What is the EU Settlement Scheme and what are EU nationals’ rights under it?
The EU Settlement Scheme allows EU nationals and qualifying family members who were resident in the UK before December 31, 2020, to continue living and working in the UK. They needed to apply for UK immigration status before June 30, 2021, to maintain their rights. Late applications are still being accepted with a valid reason for the delay. Lack of status may impact an individual’s right to re-enter the UK, work, rent a property, open a bank account, or access NHS healthcare.
What is the new immigration system for EU nationals in the UK?
The end of the Brexit transition period introduced a new points-based immigration system for EU nationals. EU nationals coming to the UK from January 1, 2021, require a UK visa for work or any purpose outside of a visit. They need to meet the eligibility criteria of the specific visa route they are applying for. The new system treats EU nationals the same as non-EU nationals. EU nationals who were already working in the UK before January 1, 2021, do not require retrospective right to work checks but may need to show proof of settled or pre-settled status if they change employers.
How does Brexit impact non-EU immigration rules?
Brexit does not impact the immigration rules that apply to non-EU nationals. The existing UK immigration system applies to non-EU nationals, and any changes to the system will also affect EU nationals from January 1, 2021. Non-EU nationals coming to the UK for more than six months or for any purpose outside of permitted visitor activities require a visa before they travel. The type of UK visa will depend on the individual’s nationality, purpose of visit, and eligibility criteria.
What is the Skilled Worker visa route?
The Skilled Worker visa route is the main work visa route post-Brexit. It replaced the old Tier 2 General category. To be eligible for this visa, an individual must have a skilled job offer from a licensed UK employer. The employer must have a sponsor license and meet the necessary compliance duties. Skilled Worker visa holders may be eligible for permanent residence in the UK after 5 years.
What is the Global Business Mobility (GBM) route?
The Global Business Mobility (GBM) route replaces the Intra-Company visa routes and has five sub-categories: Senior or Specialist Worker, Graduate Trainee, UK Expansion Worker, Service Supplier, and Secondment Worker. Employers wishing to sponsor migrant workers under the GBM route must hold a sponsor license in the appropriate sub-category. Different sub-categories have different requirements and time limits.
What happens to existing sponsors and Tier 2 migrants under the new system?
Sponsors who were licensed under the old Tier 2 visa routes have their licenses automatically transferred to the new system (Skilled Worker in 2021 or GBM in 2022). Existing Tier 2 visa holders are not required to take any action but will need to meet the requirements of the new routes at extension and permanent residence stages. Employers without a sponsor license should apply if they need to sponsor EU and non-EU workers.
Will there be any future changes or new visa routes?
Yes, several new visa routes will be introduced later in 2022. The High Potential Individual route targets recent graduates of elite overseas universities, opening on May 30. The Scale-Up route allows fast-growing UK businesses to sponsor migrant workers with more freedom and flexibility in their work conditions, opening on August 22. These visa routes aim to attract top talent and support UK businesses in their growth and innovation.
What employer requirements and right to work checks should be followed?
UK employers are legally required to conduct right to work checks on all employees, including EU nationals. Employers must carry out prescribed checks before employees start work, and if the employee has time-limited right to work, follow-up checks are necessary. Retrospective checks are not required for EU nationals who started work before January 1, 2021. Having a valid sponsor license is crucial for employers to hire EU and non-EU workers legally.
How important is clear guidance and minimizing administrative burdens?
The UK Government should provide clear guidance for employers regarding the EU Settlement Scheme, right to work checks, and post-Brexit immigration processes. Employers should not face additional administrative or legal burdens related to immigration after December 2020, and the government should ensure a smooth transition for EU workers.
How can the UK ensure an effective immigration system post-Brexit?
The UK immigration system requires significant improvements to meet the challenges of post-Brexit immigration. The government should develop a comprehensive plan with clear objectives, regular evaluation of policies, and better use of evidence. The Home Office’s IT systems should be modernized to improve efficiency and accuracy. The immigration system should be subject to effective scrutiny to prevent crises and ensure transparency and accountability.
Can you summarize the impact of Brexit on UK immigration?
Brexit has resulted in significant changes to the UK immigration system. The EU Settlement Scheme enables EU nationals to continue living and working in the UK. A new points-based immigration system applies to EU nationals from January 1, 2021. Non-EU immigration rules remain unchanged. Employer requirements, right to work checks, and sponsor licenses are crucial for hiring EU and non-EU workers. Future changes and new visa routes are expected. Clear guidance and a well-functioning immigration system should be priorities for the UK post-Brexit.
