New UK Immigration System for EU Citizens

Freedom to live and work between the United Kingdom and European Union came to an end in July 2021. EU nationals will now also need a visa if they want to stay in the UK more than 90 days in a 180-day period.

If you were not eligible for/did not apply for pre-settled or settled status under the EU Settlement Scheme and have no other valid visa, you will not have any UK immigration status (permission to remain in the UK). This is particularly important as failure in having immigration status can leave you vulnerable to the UK Home Office’s hostile environment policy. - A set of administrative and legislative measures designed to make staying in the United Kingdom as difficult as possible in the hope that you may ‘voluntarily leave’.

To avoid falling victim to this highly criticised and cruel system, it is in your best interest to ensure that your UK immigration status is in order.

What is the new immigration system and how does it affect you as an EU citizen?

The points-based immigration system

Often referred to as a merit-based system, the UK points-based immigration system is a process where an applicant is judged by a variety of factors for eligibility to apply for entry clearance or leave to remain in the UK.

The scoring system might include factors such as your education level, wealth, connection with the country, language fluency, existing job offer among others. However, there are other ways to be deemed applicable for a positive immigration status and since this process is highly individual, it is preferrable to seek tailored advice from an immigration expert.

Family Route

If you are the spouse/partner or child of a 'qualifying' person in the UK, you may be eligible for a UK Visa application as a family member to join and settle with your partner/parent in the UK. - A "Qualifying person" includes EU Nationals with Settled/Pre-Settled Status in the UK (under the EU Settlement Scheme).

If granted, you will be initially given 2 and a half years of leave to enter and remain in the UK which can then be extended until you are eligible for Indefinite Leave to Remain (ILR), typically after reaching 5 years of continuous residence in the UK.

For further information about this visa type, please visit here.

The EU Settlement Scheme

If you were not resident in the UK by 31 December 2020 and do not have rights under the withdrawal agreement, you need to meet specific requirements to work or study in the UK from 1 January 2021.

You also must pass relevant checks, including UK criminality checks. You can continue to visit the UK for up to 6 months without applying for a visa and may participate in a wide range of activities, including tourism, visiting family and friends, short term study, attending job interviews and other business-related activities, such as events and conferences.

Irish citizenship status continues to be protected as part of Common Travel Area arrangements. Therefore, Irish citizens do not require permission to come to the UK (except in a very limited number of circumstances), and as a result, are not eligible to apply under the new points-based immigration system.

Whilst the UK government has pledged to protect the rights of any EU citizens who were already living in the UK before 31 December 2020, EU citizens were required to register with the government’s EU settlement scheme before 30 June 2021.

Anyone who can prove they have lived in the UK continuously for 5 years or more should be eligible for settled status. Those with settled status can remain in the UK free of immigration control and even spend up to 5 years in a row outside the UK without losing their status.

Anyone who can prove they have lived in the UK for less than 5 years, including those who have moved during the transition period, would have been eligible for pre-settled status. Those with pre-settled status can remain in the UK while they gain the five years of residency needed to apply for settled statuses. Those with pre-settled status can spend up to 2 years in a row outside of the UK without losing their status.

Get Expert Advice when making a UK Visa Application from July 2021

If you have any concerns about making the right visa application, including meeting the requirements, or the vast array of supporting documents, it is recommended to reach out for advice from a trusted legal professional.

For instance, if you’re unsure of what it is you may need regarding your application, it is advisable to schedule a consultation. This service gives you a face-to-face, telephone or video call meeting with a legal professional who will be able to answer your questions and offer guidance regarding your next steps for your application process. Typically, this is a 30-minute session that can be extended, per your needs.

If you want to hand over the entirety of your application to a legal professional, you may want to consider full legal representation. This service means that the legal expert or firm will take over the complete management of your case; this includes dealing with the Home Office or Tribunal Service on your behalf. This process offers peace of mind as you will leave the responsibility of your application in the capable hands of your legal expert.

If you already did most of the work, or perhaps wish to handle as much yourself and all you need is to ensure that your application documents are in order, you may want to consider a document checking service through a reputable firm or legal expert. This will provide you with clarity about whether you are on the right track.

It is recommended that you take the time to do some research of your own on the firm of your choosing, the representatives who will be personally handling your application, their experience and finally, reviews regarding the firm and the expert. The onus is on the applicant in ensuring who they trust with their application and therefore, caution is advised.

There is, unfortunately, a lot of misleading information online that could jeopardise your application process through malicious intent, use of your personal details for identity theft, or waste your time and money in processes that are not required.

At Expert Immigration Advice UK, we provide consultations, document-checking, and full legal representation services. For more information from our reputable firm with over 18 years of experience, please click here.