Introduction
Brexit has significantly reshaped the UK’s legal, political, and economic landscape, and immigration rules are among the areas most affected. The end of the UK’s membership in the European Union on January 31, 2020, also marked the end of free movement between the UK and EU nations. This shift has had far-reaching effects on EU citizens, businesses, and individuals seeking opportunities in the UK. This article explores the changes to UK immigration rules post-Brexit, introduces new visa regulations, and offers practical tips for individuals and employers to navigate this new environment.
Introduction of the Points-Based Immigration System
In January 2021, the UK introduced a points-based immigration system to replace free movement. This system applies to all immigrants, regardless of nationality, and aims to attract skilled workers who can contribute to the UK economy. Under this system, applicants must score a minimum of 70 points to qualify for a visa, with points awarded for factors such as:
- A job offer from an approved sponsor
- Knowledge of English
- Educational qualifications
- Salary level (subject to minimum salary thresholds)
This system prioritises skilled migration and has had a significant impact on sectors that previously relied on lower-skilled EU workers, such as hospitality, agriculture, and construction.
Visa Changes After Brexit
Brexit has led to the introduction of new visa categories and modifications to existing ones. Some of the most important changes include:
- Skilled Worker Visa: This visa replaced the Tier 2 (General) work visa. It allows employers to sponsor workers for jobs that meet certain skill and salary requirements.
- Global Talent Visa: Designed for highly skilled individuals in fields such as science, digital technology, and arts and culture, this visa allows individuals to work in the UK without needing a job offer.
- Graduate Visa: Introduced to allow international students to remain in the UK for up to two years (or three years for doctoral graduates) after completing their studies, this visa supports the UK’s goal of retaining talent from global educational institutions.
- EU Settlement Scheme: While new applications under the EU Settlement Scheme closed on June 30, 2021, EU citizens who lived in the UK before the end of 2020 can still apply for settled or pre-settled status. This status allows them to continue living and working in the UK.
The Impact on Businesses and Workforce
Brexit has created significant challenges for UK businesses, particularly those that previously relied on the free movement of workers from the EU. Employers now face a more complex and costly process for hiring foreign workers, as they must obtain a sponsor license to employ EU nationals or any other skilled workers from outside the UK.
This has posed difficulties, especially for small and medium-sized enterprises (SMEs) that may not have the resources to navigate these new requirements. Industries such as hospitality, agriculture, and healthcare have reported labor shortages due to the difficulty EU workers face in obtaining visas under the new system. Businesses now need to reconsider their recruitment strategies and may need to invest in upskilling their domestic workforce to fill gaps left by EU workers.
Legal Consequences and Challenges
The post-Brexit immigration changes have introduced a range of legal challenges for individuals and businesses.
- For EU citizens: Those living in the UK must navigate the legal processes associated with securing their status through the EU Settlement Scheme, while new arrivals face stricter visa requirements.
- For employers: Companies hiring foreign workers must comply with sponsor obligations, and failure to do so can result in severe penalties, including the loss of their sponsorship license.
Guidelines for Navigating the New UK Immigration Framework
Adapting to these post-Brexit changes requires careful planning and professional guidance, particularly for individuals unfamiliar with the UK’s new immigration system. Here are some key considerations:
- Understand Visa Categories: Individuals must ensure they meet the eligibility criteria under the points-based immigration system, including having a job offer and meeting salary thresholds.
- EU Nationals: EU citizens already residing in the UK should ensure they have applied for settled or pre-settled status if they haven’t already done so.
- Businesses: Companies must adjust their hiring practices by becoming approved sponsors if they wish to employ foreign workers. They should also consider providing training programs to upskill their current workforce, especially in sectors facing labor shortages due to the lack of EU workers.
Seeking expert advice from immigration law firms in the UK can help both individuals and businesses navigate the complexities of the post-Brexit immigration system and avoid costly mistakes.
Conclusion
Brexit has brought permanent changes to UK immigration law, particularly with the end of free movement and the introduction of a points-based system. These changes present both challenges and opportunities for individuals seeking to live and work in the UK and for businesses aiming to remain compliant with new legal requirements.
To successfully navigate this new environment, staying informed about immigration rules is essential. Whether you are an individual seeking a visa or a company adjusting to new legal obligations, seeking professional legal advice is crucial.
At Lawyersorted.com, our listed law firms provide expert guidance on post-Brexit immigration matters. Their experienced immigration solicitors are ready to assist with everything from securing visas to ensuring sponsorship compliance. Contact one of our listed law firms today to schedule an appointment and stay compliant with the latest UK immigration laws.
