Points Based System

7 immigration changes you need to be aware of by Charlotte Rubin

Since 1 January, free movement of people, goods and services has officially ended between the EU and the UK. After months of uncertainty and negotiations, the EU and the UK finally came to agreement on a last-minute trade deal just a week before the end of the transition period. As for the movement of people, freedom of movement ended on 1 January and the new immigration rules, applicable to all non-British citizens (except people with Irish citizenship) have come into full effect. Here are 7 things which changed overnight, and which affect how people live, work and travel in the EU and the UK:

1. The new UK immigration system

On 1 January 2021, the all new, all different, points-based immigration system came into force. All foreign nationals (except Irish nationals) wanting to move to the UK will have to apply and pay for a visa under this system. The government has stated that the new system aims to attract people who will contribute to the UK economy. The basics of the new system include a minimum income threshold (requiring a minimum salary of £25,600 for skilled workers and £20,480 for those with job offers in a shortage occupation or in possession of a PhD relevant to the job), a preference for skilled over unskilled workers (“skilled” meaning people with a certain level of education or training), and an increased cost of visa applications. All applicants also have to pay a health surcharge of £624 per person per year, unless they are healthcare workers.

For a summary of how the points-based system works, check out our blogpost on the topic.

2. UK citizens traveling to the EU

UK nationals can still travel to countries within the Schengen area (which comprises most EU countries as well as Switzerland, Liechtenstein and Norway) without a visa, but no longer for unlimited periods of time, and with additional requirements.

Regarding time limits, UK citizens can spend up to 90 days out of any 180-day period in the Schengen area. In order to be able to cross the border, they will have to have at least six months before their passport expires, and have travel insurance with health coverage. Obviously, UK citizens will no longer be able to use the EU priority lanes at airports or other border crossings.

EU agreements which previously ensured things like no roaming or COVID-19 related arrangements such as travel corridors/exemptions during the pandemic will stop applying. This is a significant change; travellers from the UK are not able to visit the EU at the moment except for specific essential reasons.

3. UK citizens living in the EU

The rights of UK citizens who lived lawfully in the EU before 31 December 2020 were already protected to a certain extent under the Withdrawal Agreement. However, to enjoy those protections, UK citizens living in EU countries should check their country of residence’s specific rules and processes to ensure they can retain those rights. They may need to register or apply for residency, or apply for new documents evidencing their right to stay, or adhere to certain other requirements such as having a job, for example.

4. UK citizens moving to the EU

UK citizens looking to move to the EU now, after 1 January 2021, will no longer have an automatic right to live, work and study or retire there. They will need to apply for a visa if they are traveling for any other reason than tourism, and especially if it is on a more permanent basis. The rules and eligibility for visas will vary country by country.

The one significant exception is for UK citizens planning to move to Ireland. Thanks to the Common Travel Area, special rules apply to the Irish border.

5. EU citizens living in the UK

The rights of EU citizens living lawfully in the UK were already protected under the Withdrawal Agreement. Until 30 June 2021, EU citizens living lawfully in the UK will retain all their rights automatically. If they want to retain their rights further, they will need to apply to the EU Settlement Scheme by that deadline of 30 June 2021, or else they will be unlawful residents and potentially liable for deportation.

Again, because of the Common Travel Area, rights of Irish citizens will not be affected.

If you need any help or advice with your EU Settlement Scheme application, check out our blog posts on the topic, as well as our seminars, and resources.

6. EU citizens moving to the UK

EU citizens moving to the UK after 1 January 2021 no longer have the automatic right to live, work and study here. They instead have to apply under one of the routes available under the points-based system. For more information on the points-based system, check out our resources and summaries.

7. The exception of Northern Ireland

The recent trade agreement includes a section on Northern Ireland, where the EU and the UK have agreed to keep an invisible border (without checkpoints) between the Republic of Ireland (which remains an EU Member State) and Northern Ireland (which is no longer in the EU). There will also be no tariffs (extra charges on goods) for most trade between Great Britain and Northern Ireland. In exchange for this soft border, Northern Ireland will have to continue complying with many of the EU’s rules such as product standards and safety.

If you need assistance you can contact us here, call us on 020 8142 8211 or send us a question on WhatsApp.

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