As the UK’s immigration landscape evolves post-Brexit, understanding the new rules is crucial for EU citizens planning to arrive in the UK from 2021 onwards.
Below are some frequently asked questions to help navigate these changes:
Get a quick overview with these FAQ’s:
How does Brexit affect me?
On 23 June 2016 the outcome of a United Kingdom (UK) referendum ended with the decision of the UK to leave the European Union (EU). This process of withdrawal is commonly referred to as Brexit. The decision means that European freedom of movement has ended for EU citizens (and EEA citizens of, Norway, Iceland and Liechtenstein and Swiss citizens), and their family members in the UK, and for British citizens and their family members entering the EU.
Do I need a visa to enter the UK for short stays?
For short visits to the UK (up to six months), EU citizens generally do not require a visa for tourism, business meetings, or academic conferences. However, activities like working or long-term study will require a visa. Always check the latest UK government guidelines before travelling.
Are family members of EU citizens affected by these new rules?
Family members of EU citizens arriving in the UK post-2020 are subject to the same immigration rules as other non-UK citizens. They will need to apply for and obtain the appropriate visa based on their reason for moving to the UK, whether for work, study, or family reunification.
How do I apply for a work visa under the new rules?
To apply for a work visa, you typically need a job offer from a UK employer who is an approved sponsor. The job must be at a certain skill level and pay a minimum salary. The application process involves proving your identity, providing necessary documents, and possibly paying a healthcare surcharge. Visit the UK government’s official website for detailed guidance.
Immigration Statuses for EU citizens who are not eligible for Pre-Settled or Settled Status
You will need to apply for a UK immigration status under the “points based immigration system” if you are an EU Citizen (EEA and Swiss citizens) and you are travelling to the UK for the first time from 01 January 2021 or you have broken your continuous residence in the UK and are no longer eligible to apply for an immigration status under the EU Settlement Scheme. If you are a EU citizens and have commenced a period of residence in the UK prior to 31 December 2020 and maintained that continuous residence you are eligible for settled status or pre-settled status, please apply to the EU Settlement Scheme instead. See here for further information.
Eligible family members of EU citizens who have status under the EU Settlement Scheme can apply to join them in the UK at any time in the future and do not need to apply for a visa under the points based immigration system. See more here.
What are the different types of Immigration Status?
To find basic information about the different options available to you as an EU citizen after January 2021, visit the Visa and Immigration section of the gov.uk website. The website is also the portal to making applications, because most applications can be made online from anywhere in the world.
The most commonly used options are:
- Frontier Worker Permit: if you live in another country and you want to continue accessing your UK based employment or self-employment
- Visitors: if you wish to enter the UK for a temporary basis or to undertake short-term permitted activities
- Students: if you want to undertake long-term study
- Graduate route: for students transitioning in the UK to employment
- Skilled Workers: if you want to take up long-term employment in the UK
- Intra-company transfers: for businesses to transfer workers between locations
- T5 Temporary Work: if you want to take up short-term employment
What are the fees for applying for an immigration status?
Each type of immigration status has different fees, which you will need to pay online when you make your application. These fees can change so check before applying. Normally, the shorter your stay in the UK the cheaper the fee. The most expensive fee are charged when you are applying for permanent residence or British citizenship.
You may also be required to pay an Immigration Health Surcharge if you are applying for a route that permits medium to long-term residence. This charge is to cover some NHS healthcare costs, and you will need to pay this even if you do not use the service, or if you already contribute through National Insurance contributions. If your application is refused you will be refunded your Immigration Health Surcharge, but not your application fee.
Depending on your nationality, you may also be required to record your biometric details or complete the application process at a visa centre, where this is necessary you will be invited to book an appointment online after you have submitted and paid for your application. There may be fees for booking your visa centre appointment or for recording your biometric details.
How do I apply for an immigration status?
The gov.uk website contains online application forms and supporting information for your application. However, the website does not cover all of the requirements that need to be met so completing the online application form is no guarantee that you’ve done everything you need to do to have a successful application. You will need understand the requirements as they are set out in the Immigration Rules and the Home Office Policy Guidance documents which can be complex and so you may need to help of a lawyer.
If you are successful in applying for an immigration status, you will be granted Entry Clearance (permission to enter or leave to enter), which allows you to lawfully enter the UK. This permission can be granted to you at the border, or you may need to apply from outside the UK before you arrive. Once you’ve entered the UK you must ensure that you comply with the conditions of your entry visa. Before your visa expires you must either leave, apply for an extension, or switch into another status, if that’s permitted.
Can I extend or switch my immigration status?
Depending on the immigration status you hold, you may be able to extend it from within the UK and, if successful, you can stay longer here. For example, if you arrived in the UK as a Skilled Worker you can apply to the UK to stay longer. But not all immigration statuses can be extended. For example, a Standard Visitor generally cannot extend their stay in the UK and will be required to leave the UK before it expires. It is very important that you understand the limitations attached to your immigration status so that you are able to properly prepare for and understand the options available to you well in advance of your immigration status expiring.
If you already hold an immigration status in the UK, you may be allowed to apply for a different type of status while inside the UK. This is called ‘switching’. If switching is not permitted, you will need to leave the UK to apply for a new status. Once the new status is granted, you can return to the UK using that new status. For example, you cannot switch into a Skilled Worker status if you are present in the UK as a General Visitor. You will need to return to your country of residence, apply for the Skilled Worker status and, if it is accepted, return back to the UK to take up your job opportunity.
How can I acquire settlement in the UK?
Some immigration routes allow you to acquire indefinite leave to remain in the UK, which means you can reside permanently and be free from immigration control. Generally, most immigration routes require you to have had permission to be in the UK for five years before you are eligible to apply for settlement. Not all immigration routes allow you to achieve settlement status, for example, Frontier Worker permits do not lead to settlement no matter how many years you have worked in the UK. If you are working towards acquiring settlement, it is important that you understand the requirements you will need to meet on the route to it, so that when you are ready to apply for it you can make a successful settlement application.
What is the eligibility requirements for an immigration status?
Eligibility requirements are rules you need to meet for most immigration routes in order to be successfully granted that immigration status. Within each immigration route there are different eligibility requirements for entry clearance, extension and settlement applications. Understanding the eligibility requirements, demonstrating how you meet those eligibility requirements, often with evidence, will be your path to making a successful application.
What does suitability and ‘good character’ mean?
Most immigration routes require a person to be of good character. If you have a history criminal offending or past breaches of immigration laws in any country, not just the UK, the application may be refused for these reasons. In this situation you might benefit from speaking to a lawyer before you make your application, particularly if you have been removed or deported from the UK. Whilst you can make multiple applications, the process becomes much harder every time you are refused an application. It’s often better, and cheaper, to make one good quality application with the help of a lawyer than asking a lawyer to help you after you have tried and failed multiple times.
What are immigration conditions?
Once you have been granted an immigration status, you will need to comply with immigration conditions. The conditions tell you what you can and cannot do in the UK while holding that particular status. Before applying for an immigration status, it is very important to understand the conditions of each type of immigration status, not just so you can choose the right one for you, but also so that you do not breach the conditions of the status by doing something that you were not permitted to do. There are serious consequences for breaching conditions including jeopardising the status itself and be requested to leave the UK. A history of breaching conditions, whether by accident or otherwise, will also be taken into consideration in future applications and may impact the chances of being granted future immigration statuses.
Will I need to contact a lawyer for immigration advice?
The UK immigration system is very complex. You will probably need to speak to a lawyer to check your eligibility for an immigration status. If you need the help of a lawyer, you must make sure that the lawyer is regulated to give immigration advice. This means, generally, that the lawyer is a practicing solicitor, barrister, or a caseworker regulated by the Office of the Immigration Commissioner. If you are unsure, please check their name against the relevant regulator’s website before paying any money to them for assistance.
For the types of applications listed in this page, you will be expected to pay for legal advice if you need it.
More Information on Immigration Status types
Where can I find further information?
Applying for Visas
- UK Government immigration system application guidance
- UK Government introduction to the points-based immigration system
- Overview of the system: https://www.gov.uk/apply-to-come-to-the-uk
- Check if you need a UK visa: https://www.gov.uk/check-uk-visa
- UK Visa Fees: https://www.gov.uk/government/publications/visa-regulations-revised-table
- Immigration Health Surcharge calculator: https://www.immigration-health-surcharge.service.gov.uk/checker/type
- Immigration Rules: https://www.gov.uk/guidance/immigration-rules
- Browse visas and immigration options: https://www.gov.uk/browse/visas-immigration
Frontier Workers
- Overview: https://www.gov.uk/frontier-worker-permit
- Frontier worker permit scheme guidance: https://www.gov.uk/government/publications/frontier-worker-permit-scheme-caseworker-guidance
Visitors
- UK Government information for EU visitors
- Overview: https://www.gov.uk/standard-visitor-visa
- Permitted Activities for Standard Visitors: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-visitor-permitted-activities
- Visitor caseworker guidance: https://www.gov.uk/government/publications/visit-guidance
Student Visas
- UK Government information for EU students
- Overview: https://www.gov.uk/student-visa
- Register of licensed sponsors for students: https://www.gov.uk/government/publications/register-of-licensed-sponsors-students
- Student Visa caseworker guidance: https://www.gov.uk/government/publications/points-based-system-student-route
- Immigration Health Surcharge refunds: https://www.gov.uk/healthcare-immigration-application/refunds
Skilled Worker Visa
- UK Government information for EU workers
- Overview: https://www.gov.uk/skilled-worker-visa
- Register of licensed sponsors for employers: https://www.gov.uk/government/publications/register-of-licensed-sponsors-workers
- Skilled Worker caseworker guidance: https://www.gov.uk/government/publications/skilled-worker-visa-caseworker-guidance
T5 Temporary Worker Visa
- Overview of the Creative and Sporting Visa: https://www.gov.uk/temporary-worker-creative-and-sporting-visa
- Overview of the Charity Worker Visa: https://www.gov.uk/temporary-worker-charity-worker-visa
- Overview of the Government Authorised Exchange visa: https://www.gov.uk/government-authorised-exchange
- Government Authorised Exchange Schemes: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-n-authorised-exchange-schemes
- Overview of the Religious Worker Visa: https://www.gov.uk/religious-worker-visa
- Overview of the Seasonal Worker Visa: https://www.gov.uk/seasonal-worker-visa
- Overview of the Youth Mobility Scheme Visa: https://www.gov.uk/youth-mobility
- Overview of the International Agreement Worker Visa: https://www.gov.uk/international-agreement-worker-visa
- Sponsor an International Agreement Worker guidance and list: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/952494/2021-01-01_Sponsor-an-International-Agreement-Worker-01-21_v1.1.pdf
- Home Office Register of Worker and Temporary Worker licensed sponsors: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953140/2021-01-18_Tier_2_5_Register_of_Sponsors.pdf
Services
This site offers information about Brexit, how it may impact you as an EU citizen and your family living in the UK, and what you may need to do next. It summarises key issues and is purely for information purposes and has no legal force. It does not provide any legal interpretation of EU or UK legislation and is not meant to replace specialised legal advice on UK immigration rules.