What are the post-Brexit immigration rules?

A Brexit deal has finally been struck between the UK and the EU, after four years and six months of negotiations.

However, some policies were decided earlier this year, such as the UK’s post-Brexit immigration system.

So, what’s changing from January 1, 2021?

Brexit and immigration – what are the immigration rules from January 2021?

Earlier this year, the government unveiled its Immigration Bill, which revealed what migrants must do to qualify for UK entry after 1 January 2021.

These rules also apply to EU citizens, as freedom of movement will also end on this date.

The new system is points-based, favouring what the government deems to be skilled workers, with the aim of creating a ‘high wage, high skill, high productivity economy.’

Under this system, anyone looking for work in the UK must meet a specific set of requirements for which they will score points.

If they get score more than 70 points, they will be eligible for a visa.

From January 1, workers must, at a minimum have a job offer from an approved sponsor, have a job at ‘an appropriate skill level’ and speak English at a ‘required’ level.

These mandatory criteria are worth 50 points.

Additional points are given for a long list of reasons including if you have desired qualifications such as a STEM PhD or a job offer in a ‘shortage’ occupation.

Workers must also meet a minimum salary threshold, which is set at either £25,600 or the ‘going rate’ for their occupation, known as the ‘specific salary requirement.’

If a hopeful migrant earns less than the minimum salary they may still be able to come to the UK if they have a job offer in a specific occupation which appears on the official government’s jobs shortage list, or if they have a PhD relevant to that job.

Self-employed and freelance workers will largely be unaffected, needing to apply for visas under existing rules and will not need to be sponsored.

Visitors, including EU citizens, will be also still be able to come to the UK without a visa for six months – but they cannot work during this time.

Asylum applications fall outside the points-based system and are expected to operate under existing rules.

New immigration laws for highly-skilled workers

Those considered highly skilled can gain the required level of points to enter the UK without a job offer through the Global Talent visa, which caters for recognised global leaders and ‘the leaders of tomorrow’ in science, humanities, arts, engineering and digital technology.

Applications cost £152 and can be done via gov.uk/global-talent.

New immigration rules for ‘low skilled’ workers

Temporary visa options will no longer be open to those considered ‘low skilled.’

The government has taken a firm stance, claiming ’employers will need to adjust’ to this.

‘We will not introduce a general low-skilled or temporary work route,’ the policy paper reads.

‘We need to shift the focus of our economy away from a reliance on cheap labour from Europe and instead concentrate on investment in technology and automation. Employers will need to adjust.’

Some are concerned the new rules ‘could spell absolute disaster’ for areas including the care sector.

Unison assistant general secretary Christina McAnea said the plans ‘spell absolute disaster for the care sector’, while Royal College of Nursing chief executive and general secretary Dame Donna Kinnair said they will ‘not meet the health and care needs of the population’.

Immigration rules for students after Brexit

Non-UK students wishing to study here must prove:

• They have an offer from an approved educational institution.
• They can speak English.
• They are able to support themselves during their studies in the UK.

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