New Immigration Legislation effective from 1/1/2021

You may be aware that from the 1st January 2021 the UK immigration system will be changing and adopting a new points based system. This update is to provide you with information on how to navigate through this and the options available, which are subject to change.

SCENARIO 1: I CURRENTLY LIVE AND WORK IN THE UK. WHAT DO I DO?

EU Settlement Scheme

Following the UK’s decision to leave the EU, the government has put in place the EU settlement Scheme to allow candidates who currently hold an EU passport that live and work in the UK to remain in the UK after the 1st January 2021.

Due to Covid 19 the application deadline had been extended until the 30th June 2021. There is still plenty of time for candidates to get their applications in.

If candidates, when applying for this scheme CAN demonstrate that they have already resided in the UK, with an EU passport for 5 years or more, WILL qualify for SETTLED STATUS.

If candidates, when applying for this scheme CANNOT demonstrate that they have already resided in the UK, with an EU passport for 5 years or more, will qualify for PRE-SETTLED STATUS. The candidate must start living in the UK by 31st December 2020 and will be entitled to stay in the UK for a further 5 years from the date they get their PRE-SETTLED STATUS.

Latest government statistics show that 4.26 million applications have been made with 4.07 million candidates being accepted. These applications are free.

Irish citizens do not need to do anything to continue working in the UK from 01/01/2021

For more information 'click here'

SCENARIO 2: YOU LIVE OUTSIDE THE UK BUT ARE EU, EEA OR SWISS CITIZENS AND UNDERTAKE REGULAR WORK HERE IN THE UK. WHAT DO YOU DO?

Frontier Worker Status.

Who is a frontier worker?

This someone who is an EU, EEA or Swiss citizen that is employed or self-employed in the UK but lives elsewhere and frequently travels to and from the UK for work.

Candidates who CAN evidence on their CV that they are currently working in the UK or have previously worked in the UK (we are awaiting further Government clarification on exact timescales and criteria), can freely enter the UK and work with no additional immigration documentation, up to and including 31st December 2020, if you are currently outside the UK. It is advisable that candidates have readily available a copy of our PDF confirmation of assignment when they arrive at passport control here in the UK. However, candidates will be required to apply for a Frontier Workers Permit up until and including the 31st December 2020. AFTER THIS DATE NO NEW APPLICATIONS BE CAN WILL BE CONSIDERED. As from the 1st July 2021 these candidates will need to present their Frontier Workers Permit and a valid passport in order to gain entry to the UK and work. Candidates will be required to share with us documentation they receive from UKVI regarding their status. The Government is opening up applications for this from the 10th December 2020 and closing this on the 31st December 2020, so there is only a short window to apply. 

Candidates that do not qualify or miss the closing date of the 31st December 2020 will need to consider the points based criteria detailed below.  

Irish citizens do not need to do anything to continue working in the UK from 01/01/2021

For more information 'click here'. These applications are free.

SCENARIO 3: YOU LIVE OUTSIDE THE UK AND LOOKING TO SECURE WORK IN THE UK AFTER 01/01/2021. WHAT DO YOU DO?

If scenario 2 does not apply, they don’t qualify or they miss the closing date of the 31st December 2020, then the new points based immigration system will apply to them.  Surprisingly there will be no Tier 1/ Highly Skilled Migrant visa. Tiers 2, 3, 4 and 5 will still apply. There is currently no upper quota set by UKVI on Tier 2 visas that clients/Trusts can apply.

For more information please 'click here'.