Mobility - July 2020 - 22

WORLDWIDE ERC ® GOVERNMENT AFFAIRS 2020

U.K. Immigration System
for Post-Transition Brexit
By Tristan North

While the COVID-19 pandemic has dominated
the headlines for the last several months, the U.K.
continues to move toward separation from the EU.
Negotiations between the U.K. and EU on trade, fishing rights, the role of the European Court of Justice,
and other key parts of the post-transition relationship
paused during the height of the pandemic but have
since resumed.
On immigration policy, the U.K. has already
released an outline of what its system will look like
after the transition period.
The U.K. government announced the use of a
points-based immigration system starting on 1 January
2021, when the U.K. is scheduled to cease following
EU immigration policy and its freedom of movement
provisions. The system will be similar to the immigration systems of Australia, Austria, Canada, Japan,
New Zealand, and South Korea, among others, as well
as the U.K.'s current policy for non-EU nationals. The
U.K. will therefore have one single immigration system
regardless of nationality.
The points-based system allocates work visas
to workers who have sufficient cumulative points
based on a definitive job opportunity in the U.K.,
a salary threshold, proficiency in English, and
education. Under the new system, the minimum
salary threshold for full points for a position in the
U.K. will be £25,600, or approximately US$31,797.
Tradeable points can be provided in situations such
as shortage occupations, higher education, and
higher salary if not all the requirements are met.
The new system will apply equally to EU nationals looking to immigrate to the U.K. for work and
to non-EU nationals. The U.K. currently uses a
points-based system for non-EU workers; however, the requirements for minimum salary and

22 Mobility | July 2020

education level were lowered in order to receive
the standard points for those criteria. The details
are not yet available for intracompany transfers,
but the current non-EU national system provides
points for a confirmed position, appropriate salary
of at least £41,500, or US$51,487, and necessary
maintenance funds.
The U.K. will not place a limit on the number of
work visas available to skilled workers but does
plan to establish immigration targets to reduce the
net migration of individuals into the country. EU
nationals will be counted toward the immigration
targets and no longer enjoy freedom of movement
between the U.K. and the EU. However, the U.K.
government will not require EU nationals to obtain
a visa to visit the U.K. and plans to allow them to
continue to use electronic passport control gateways at airports and other points of entry.
Presently, EU transferees operate under the free
movement policy and do not have to apply for a work
visa to be employed in the U.K. Under the new immigration system, EU transferees who are employed in
the U.K. prior to the end of the transition period, 31
December 2020, will need to apply for work visa "settled status" prior to 30 June 2021. There is no fee for
filing for settled status, and the portal is now open.
In addition to EU transferees in the U.K., nationals of
Iceland, Liechtenstein, Norway, and Switzerland can
also apply for settled status.
Brexit played a role in shifting the dynamics of
U.K. work immigration. Prior to the COVID-19
pandemic, the U.K. job market remained strong with
a 3.8% unemployment rate as estimated by the U.K.
Office for National Statistics (ONS). There are presently approximately 2.31 million EU nationals and
1.34 million non-EU nationals working in the U.K.


https://www.gov.uk/settled-status-eu-citizens-families/applying-for-settled-status

Mobility - July 2020

Table of Contents for the Digital Edition of Mobility - July 2020

Mobility - July 2020 - Cover1
Mobility - July 2020 - Cover2
Mobility - July 2020 - 1
Mobility - July 2020 - 2
Mobility - July 2020 - 3
Mobility - July 2020 - 4
Mobility - July 2020 - 5
Mobility - July 2020 - 6
Mobility - July 2020 - 7
Mobility - July 2020 - 8
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Mobility - July 2020 - Cover3
Mobility - July 2020 - Cover4
https://www.nxtbook.com/ygsreprints/WERC/mobility_092020
https://www.nxtbook.com/ygsreprints/WERC/mobility_082020
https://www.nxtbook.com/ygsreprints/WERC/mobility_072020
https://www.nxtbook.com/ygsreprints/WERC/mobility_062020
https://www.nxtbook.com/ygsreprints/WERC/mobility_052020
https://www.nxtbook.com/ygsreprints/WERC/mobility_042020
https://www.nxtbook.com/ygsreprints/WERC/mobility_032020
https://www.nxtbook.com/ygsreprints/WERC/mobility_022020
https://www.nxtbook.com/ygsreprints/WERC/mobility_012020
https://www.nxtbook.com/ygsreprints/WERC/mobility_122019
https://www.nxtbook.com/ygsreprints/WERC/mobility_112019
https://www.nxtbook.com/ygsreprints/WERC/mobility_102019
https://www.nxtbook.com/ygsreprints/WERC/mobility_092019
https://www.nxtbook.com/ygsreprints/WERC/mobility_082019
https://www.nxtbook.com/ygsreprints/WERC/mobility_072019
https://www.nxtbook.com/ygsreprints/WERC/mobility_062019
https://www.nxtbook.com/ygsreprints/WERC/mobility_052019
https://www.nxtbook.com/ygsreprints/WERC/mobility_042019
https://www.nxtbook.com/ygsreprints/WERC/mobility_032019
https://www.nxtbook.com/ygsreprints/WERC/mobility_022019
https://www.nxtbook.com/ygsreprints/WERC/mobility_012019
https://www.nxtbookmedia.com