Brexit

Brexit Day immigration update: which changes to the immigration rules will take immediate effect? By Charlotte Rubin

On 29 March 2017, the United Kingdom notified the European Council of its intention to leave the European Union, in accordance with Article 50 of the Treaty on European Union. After almost three years of delay, powerplay and disarray, the day has finally come. Yesterday, the European Parliament officially approved the Withdrawal Agreement. Emotional but sober images of Remain MEPs singing Auld Lang Syne as MEPs signed the Agreement. At 23:00 tonight the British Union flag will be removed from the European institutions in Brussels, and the EU flag lowered from City Hall in London. The UK will officially no longer be a part of the European Union. In anticipation of this, steps have been taken to prepare the country for a complete upheaval of the legal and political framework in the UK.

In an act of defiance, the Scottish government narrowly won a vote to keep the EU flag flying over the Edinburgh parliament building after Brexit. Because, as Fiona Hyslop, cabinet secretary for culture, tourism and external affairs, stated, “at times of uncertainty and disruption, symbols matter.”

And symbols do matter. They do not, however, define what will happen to EU citizens living in the UK in practice – not in the short term. What will change, here and now, for EU citizens coming to the UK and the other way around? Obviously, a lot. Today the government published a Statement of changes to the Immigration Rules, officialising the first immediate change in the law of the UK in practice.

It introduces a new visa category called “Global Talent.” This will replace the existing Tier 1 (Exceptional Talent) category. The Global Talent visa is branded as a new type of visa for talented and promising individuals in the fields of science, digital technology, arts and culture wanting to work and research in the UK.

The process to receive this visa is not dissimilar from the old Exceptional Talent route: Global Talent applicants must hold an endorsement from an organisation engaged by the Home office to develop sector-specific criteria, just like before. The main difference is that the new Global Talent category will not be subject to a cap on the number of applicants, whereas the ole Exceptional Talent category was capped at 2000 places per year. The removal of the cap is supposed to ensure that migrants who can meet the qualifying criteria will be able to secure entry to the UK. Applicants will be able to choose how much leave, in whole years, up to a maximum of 5 years they wish to be granted in a single application, and pay their immigration health surcharge accordingly.

The new category will take effect on 20 February 2020 – real and tangible changes to many other areas of the law will follow until the end of the transition period in June 2021. Incremental change as well as major overhauls will transform the UK after Brexit, including Scotland, and no flag waving above Holyrood will change that.

“Teachers tax” for EU nationals: fake news or facts? by Charlotte Rubin

Earlier this month, it was reported that EU citizens face a “teachers tax” of £4,345 over 5 years if they want to come teach in the UK after Brexit. Although not factually incorrect, this statement does not reflect the law – or the reality – of teachers working in the UK.

There is no such thing as a “teachers’ tax.” There is simply an immigration system already in place which in consequence of the Brexit vote will apply to anyone who does not fall under the umbrella of exemptions to that system. In other words, after Brexit, EU citizens will fall under the same immigration regime as third party (non-EU) nationals. Curbing immigration by ending free movement in this way was one of the Leave-campaign’s main selling points, and largely how they won the 2016 referendum.

Effectively, the end of free movement means that everyone, including EU nationals, will need to apply for a visa if they want to enter and live in the UK post-Brexit. The Johnson government has drawn up a plan of what this would look like. Needless to say, under this plan, getting a visa costs money. The Tier 2 visa, which is the working visa for which teachers would have to apply if the rules stay as they are now, costs £1220 if it is a permit for longer than 3 years. In addition to that, the government has stated that any non-British nationals will be liable to pay a yearly NHS immigration surcharge, which all non-EU migrants already pay today. The price of the immigration surcharge is set to go up to £800 a year. If you add up 5 years’ worth of immigration surcharge with the visa fees, it will cost at least £4,345 to live and work in the UK for five years after Brexit, explaining the figure that The Independent alludes to.

Some groups of special workers will have different requirements. The main group of workers with guaranteed special status is NHS workers. The Tory manifesto promises to alleviate the burden of immigration for EU workers with NHS job offers by offering cheaper visa fees and fast-track entry. It is their attempt to ensure that the NHS survives Brexit, labour shortages are filled and employment targets met. It is not unimaginable that if the government recognises a labour shortage and reliance on Europe for the NHS, it may do so for other fields and professions as well.

In short, unless the government implements a special exemption for teachers, which may be a good idea considering the labour shortage in the teaching profession, then yes, they too, like any non-British nationals in the UK, will have to pay for immigration services and the cost of these applications is not to be underestimated. But it is not a tax on teachers, as the Independent article seems to imply. Rather, it is simply the price tag which comes attached to the UK immigration system, which, after Brexit, will apply to EU and non-EU nationals alike.

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