NEW YEAR, NEW UK IMMIGRATION SYSTEM
As if the past year could not be any stranger, there have recently been some big changes to the UK immigration system. From the introduction of a “new” points-based system (mostly a rebranding job), to the end of EU free movement to the UK, for the first time in decades, EEA nationals will now be subject to the same rules as non-EEA nationals.
I summarise below some of the new and key routes in the current UK Immigration Rules which might be of interest to our EEA colleagues, colleagues further afield, and prospective clients.
British National (Overseas) (“BNO”) citizens
One of 6 types of British nationality, people with links to Hong Kong were able to apply for BNO status until the “Handover” on 1 July 1997. Not all Hong Kong citizens have BNO status, and holders of BNO status are not necessarily British citizens (the main type of British nationality) and therefore usually require an appropriate visa to come to the UK.
From 31 January 2021, people with BNO status from Hong Kong will be eligible to apply for a Hong Kong BNO visa, which is a new 5-year route to settlement. This visa category will allow eligible applicants and family members to live, work, and study in the UK.
With the end of the Brexit Transition Period at 11pm on 31 December 2020, the “Ankara Agreement” no longer applied to the UK.
Turkish citizens wanting to move to the UK to live and work can no longer do so under the “Turkish Worker” or “Turkish Businessperson” visa categories. However, Turkish citizens already in the UK may still be able to apply to switch into these routes or extend their visas.
Although EU free movement rules no longer apply, most Irish citizens can still freely come to the UK to live, work and study, without applying for any kind of immigration permission.
EEA Visitors to the UK
EEA citizens can visit the UK for up to 6 months without applying for a visa; however, you must be able to satisfy the Immigration Officer at the UK Border that you are a genuine visitor. What you can and cannot do in the UK as a visitor is heavily regulated.
Visitors are not allowed to work in the UK unless it is a “permitted activity”. For example, it is permitted to carry out limited business activities (e.g. attend seminars/ conferences/ meetings). In addition, visitors must not receive payment from a UK source, except for limited reasons, for example reasonable expenses to cover the costs of travel and subsistence.
EU Settlement Scheme (“EUSS”)
This UK “post-Brexit” system was introduced on 29 March 2019 (the original Brexit date). In line with the end of the Brexit Transition Period, as long as an EEA citizen was resident in the UK before 11pm on 31 December 2020, they now have until 30 June 2021 to submit a free application for immigration status.
In most cases, applicants will either get Pre-settled Status (a 5-year e-visa), or Settled Status (effectively permanent residence).
If an EEA citizen has not made an application under the EUSS, or other immigration route by 30 June 2021, they will no longer be in the UK lawfully.
For most EEA citizens wishing to take up residence in the UK from 1 January 2021, they are unlikely to be eligible to submit an application under the EUSS and must look at other UK visa options, such as those set out below.
The (“new”) UK Immigration System
|Previous visa category||Replacement/ New visa category||Effective from||Purpose|
|Tier 1 (Investor)||NO CHANGE||–||For HNWI with a minimum of £2million to invest in qualifying UK investments|
|Tier 1 (Graduate Entrepreneur)/ Tier 1 (Entrepreneur)||Start-up/ Innovator||29 March 2019||For entrepreneurs to set-up and run their own business in the UK|
|Tier 1 (Exceptional Talent)||Global Talent||20 February 2020||For recognised (potential) leaders in certain sectors to live/ study/ work/ run their own business in the UK|
|Tier 2 (General)||Skilled Worker||1 December 2020||For sponsored migrants to live and work in the UK|
|Tier 2 (Intra-company Transfer)||Intra-Company Transfer||1 December 2020||For employees working in a linked overseas entity to be transferred to work for the linked UK entity|
|Tier 4 (General)||Student||5 October 2020||For people aged 16 and over to study in the UK|
|Tier 4 (Child)||Child||5 October 2020||For people aged between 4 and 17 to study in the UK|
|Tier 5 (Youth Mobility Scheme)||Youth Mobility Scheme||1 December 2020||For certain foreign migrants to come to the UK on a working-holiday basis|
|Sole Rep||NO MAJOR CHANGE||1 December 2020||For senior employees to be sent by their overseas employer to establish and run its first UK establishment|
|UK Ancestry||NO MAJOR CHANGE||1 December 2020||For Commonwealth citizens with at least one grandparent born in the UK, to live and work in the UK|
Most but not all of the above options allow individuals to apply for settlement in the UK, usually after 5 years.
The UK immigration system is quite complex with lots of different requirements which must be met.
If you have any questions, regarding UK immigration, the recent changes and the implications of Brexit, please get in touch with Vincent Chung in the Dixcart office in the UK: firstname.lastname@example.org, or your usual Dixcart contact.