Beyond Brexit: The UK’s new Immigration System
The UK left the EU on 31 January 2020. The subsequent transition period ended on 31 December 2020. EU nationals who move to the UK to live, work and study from 1 January 2021 will be treated, from an immigration perspective, in much the same way as non-EU nationals.
A new immigration system has been created covering EU and non-EU nationals. Our team has been fully engaged with the government on the design of this through various stakeholder engagement projects.
We have provided key information below for businesses, education providers and individuals about the UK’s new immigration system. We are keeping this information up to date when there are further key developments.
More information for those seeking to move to the UK is available on the business, education and personal pages of our website.
Obtaining settled status, which is granted to EU citizens who can show that they have lived in the UK for at least five years, means that the individual is free from immigration control and does not have to make any further immigration applications (as long as they do not leave the UK for more than five consecutive years, or four years for Swiss citizens). Those with settled status have the same rights to live, work, healthcare and welfare as UK citizens. EU citizens who have not lived in the UK for five years can obtain pre-settled status. They will have to make a further application under the EU Settlement Scheme for settled status once they have lived in the UK for five years (if they wish to remain). Whilst they have pre-settled status, they have the right to live, work and healthcare in the UK. All EU citizens who arrived in the UK before 1 January 2021 can make an application under the EU Settlement Scheme. They must do so before 30 June 2021 (unless they have a ‘reasonable grounds’ for missing the deadline). Employers and education providers do not need to sponsor an EU citizen who has settled or pre-settled status or who has made an in-time application under the scheme. Most applicants will commence the application process for either settled or pre-settled status via the ‘EU Exit: ID Document Check’ app. If a person has a national insurance number, this is usually sufficient for the Home Office to be able to check that they have been residing in the UK. Those who do not have a national insurance number, and this may include newly arrived EU nationals, will need to review the documents that can be provided to support their application. There are no government fees involved in making an application. There is no minimum residence requirement to apply for pre-settled status. As long as the applicant is in the UK when the application is filed, can provide a national insurance number or meet the documentary requirements, the application will be successful. This is providing the application does not fall for refusal based on criminality grounds. If the applicant lives in the UK but is temporarily abroad, they may be able to submit their application from overseas. In the case of families, children are not automatically granted status just because their parents have applied for, or obtained, it under the scheme. An application must be made for each family member. Those with pre-settled or settled status can view and provide evidence of their status via an online tool. The general information provided here regarding EU nationals will be of relevance to the majority. However, there may be certain scenarios, especially in relation to EU nationals who have resided in the UK for some time or those with complex situations, where other options are more suitable.
Importantly, this group of EU citizens will not have to apply under the new immigration system and the employer or education provider will not have to sponsor them. Example 1: Andras is an Austrian national. He moved to the UK on 28 December 2020 to commence a three-year position starting on 8 January 2021. As long as he meets the requirements, Andras will be able to apply for pre-settled status, commencing his application via the app. The process is free and generally fast and simple. Andras’ pre-settled status will enable him to work in the UK without needing to complete any further immigration applications. If his wife and children move to the UK with him, they will also be able to apply for pre-settled status. Andras (and his family) will be able to work/study without restriction and will be able to obtain settled status after five years, again at no cost (based on current legislation). It is essential that Andras submits his application before 30 June 2021.
Example 2: Steffi is a Danish citizen. She is intending to move to the UK on 3 March 2021 to commence a course of study on 10 March 2021. Steffi has therefore missed the cut-off date under the EU Settlement Scheme. She will need to be sponsored and use her CAS to obtain a visa under the Student route. A three-year visa to study in the UK costs £348 plus the Immigration Health Surcharge (IHS) of £1,410 (for a three year visa). The upfront immigration cost will be £1,758. Steffi will be subject to the conditions of stay as set out in her visa, including restrictions on work whilst she is in the UK as a student. Her student visa will not lead to settlement in the UK. If she moves to the Skilled Worker route after her studies, that will cost her £4,528 for a five year visa, based on today’s visa and IHS fees. If she applies for Indefinite Leave to Remain, that’ll cost another £2,389. If her family move to the UK with her, they will also need to pay for visas and will also be subject to conditions of stay. As you can see, the difference in the upfront costs for Andras and his family and Steffi and her family are significant.
As explained above, a new immigration system has been designed for EU and non-EU nationals. Most EU workers and students who move to the UK from 1 January 2021 will need to be sponsored (in the same way as non-EU nationals) and obtain a visa. They will need to pay visa and other associated fees, which can be considerable.
We can expect that the usual wider range of right to work checks and sanctions will be in place for EU citizens after 30 June 2021, but the government is yet to publish details on this. Education providers that hold a sponsor licence to sponsor students must ensure that those who are subject to UK immigration control have the right to study. Unfortunately, the government has not yet published similar information regarding right to study checks for EU students. However, in our view, again taking into account the the deadline of 30 June 2021 for EU Settlement Scheme applications, it is highly unlikely that the Home Office would expect education providers to carry out more stringent checks on EU students than it requires of employers in relation to EU workers, especially in view of the risk of discrimination. We have asked the Home Office to confirm that our understanding of their position is correct and will update our website as soon as possible.
In relation to the UK’s schools, currently only independent schools are permitted to hold a sponsor licence to sponsor international students. The government has confirmed that there will be no change to this. Unfortunately this means that it will not be possible for other schools to sponsor EU students who come to the UK from 1 January 2021. They will be able to continue to teach EU students who have obtained, or are able to obtain, pre-settled or settled status. They will also be able to continue to teach those who come to the UK after 1 January 2021 and who have another type of visa, for example, to accompany a parent on a work visa.
You can find further information on how we can assist you in obtaining a sponsor licence for workers and in relation to the sponsor duties here, and for students here.
Sponsors of workers using the Skilled Worker route will need standard CoS in relation to migrants who can apply from inside the UK. Sponsors who will need to sponsor migrants who will apply for a visa from overseas will need to firstly apply for a Defined CoS. Defined CoS have replaced Restricted CoS, but they will be issued by the Home Office within one working day in the vast majority of cases. You can find further information regarding CoS here.
The following new visas are available to both EU and non-EU nationals under the new Points-Based Immigration System: A range of other routes will also continue to be open – ancestry, representative of an overseas business, investor, etc.
It will continue to be possible for non-EU citizens, and EU citizens from 1 January 2021, to make applications under the family routes that are already open, such as spouse, unmarried partner, fiancé and same-sex partner, adult dependant relative, etc. You can find more information about these routes here.
You can find further information on the current options on the pages of our website dedicated to employers, education providers and individuals.
We have designed a flexible fixed fee structure which is tailored to the specific services the employer requires.
We will usually be able to prepare applications, for example, under the EU Settlement Scheme, for work and study visas or to naturalise as a British citizen, on a fixed fee basis. If your situation is complex, we will analyse your situation and provide you with legal advice in a cost-effective way working to an agreed budget. The Legal 500 has said that our team provides ‘that extra bit of listening, care and explanation that engenders the client’s trust and makes them feel comfortable’. For the vast majority of people, making an application under the EU Settlement Scheme is unlikely to need a lawyer. Do take time to review the scheme before deciding to instruct any law firm. The latest information from the UK government about the scheme can be found here.
We offer a range of immigration and visa services to individuals who are seeking to move to the UK and you can find further information here.
Contact us
If you would like to discuss your Beyond Brexit immigration needs, or would like information about our services and fees, please contact us.
If you would like to discuss your Beyond Brexit immigration needs, or would like information about our services and fees, please contact us.
‘…providing that extra bit of listening, care and explanation that engenders the client’s trust and makes them feel comfortable’.THE LEGAL 500