New post-Brexit UK Immigration System Update

Yesterday the Home Secretary Priti Patel announced more of the Government’s plans for the UK’s post-Brexit immigration system. The Brexit transitional period will end on 31 December 2020 and therefore the way EU nationals will be able to come to the UK will change. It is reported that the new immigration routes will open later this year for applications to work, live and study in the UK after 1 January 2021. Our Immigration Solicitors in London constantly ensure we are up to date with the latest Government announcements and Home Office policy updates and are happy to arrange a consultation to discuss the up and coming changes to the UK’s post-Brexit immigration system.

What is the latest post-Brexit UK Immigration System Update for Skilled Workers?

The Home Secretary did again emphasise that the UK should focus on employing British and settled workers, but the new system aims to attract the “brightest and best talent” from both the EU and beyond, who can contribute to the UK’s economy.  The Home Secretary has previously announced that skilled workers from the EU will have to apply the same way as non-EEA workers in that they will need a job offer from an employer with a sponsor licence who assigns them a Certificate of Sponsorship (“CoS”). All skilled workers from 1 January 2021 need to earn a total of 70 points for the following:

  • Applicants will need to be offered a job at a skill level of RQF3 or above (which is equivalent to an A-level);
  • Applicants will need paid the relevant salary threshold by their sponsor. This will either be the general salary threshold of £25,600 or the going rate for job; whichever is higher;
  • Applicants will need to satisfy the maintenance requirement by either having a certain level of funds in their bank account or by their sponsor certifying their maintenance on the CoS; and
  • Applicants will need to be able to speak English at the required English language proficiency.

Applicants who do not obtain the points for the salary requirement as mentioned above, but still earn over £20,480 may still be able to apply by ‘trading points’ e.g. if the job is on the shortage occupation list.

The Global Talent visa route will also be opened up to EEA nationals to allow highly-skilled scientists and researchers to come to the UK without a job offer from a Tier 2 sponsor.

The UK has published guidance for the UK’s new Points-Based system which can be accessed below:UK_Points-Based_System_Further_Details_Web_Accessible-LEXVISA-Immigration-Solicitors-in-LondonDownload

What is the latest post-Brexit UK Immigration System Update for EU nationals?

EEA nationals and their family members who are living in the UK before 31 December 2020 can apply under the EU Settlement Scheme so that they can continue to live in the UK after 30 June 2021 in a similar way that they do currently. Any EU national intending to come to the UK after 1 January 2021 will have to apply under the UK’s new post-Brexit immigration system which aims to treat EU and non-EU nationals equally.

However, a difference between EU and non-EU immigration will be in the way that they are able to prove their immigration status. EEA nationals will be use an online service to view and prove their immigration status, unlike non-EEA nationals who get a physical residence card (biometric residence permit).

What is the latest post-Brexit UK Immigration System Update for visitors?

Most non-EEA nationals have to apply for a Standard Visitor visa in order to come to the UK for up to 6 months for visit purposes. Nationals of certain countries including the USA and Australia do not need to pre-apply for a visa before entering the UK for visit purposes (this is called being a non-visa national). As part of the UK’s post-Brexit immigration system, EU nationals will also not need to apply for a visit visa to come to the UK for up to 6 months.

Using our Immigration Solicitors in London to get post-Brexit UK Immigration Advice

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to get post-Brexit UK Immigration advice.

Caseworkers at the Home Office are trained to reject applications which, are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your visa application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your points-based system application meets the Immigration Rules.

Successful UK Immigration Applications with our Immigration Solicitors in London

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a visa application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to a successful UK immigration application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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