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New UK Immigration Rules

Posted on: Mar 04,2021

The New UK Immigration System

Previous visa categoryReplacement/ New visa categoryEffective fromPurpose
Tier 1 (Investor)NO CHANGEFor HNWI with a minimum of £2million to invest in qualifying UK investments
Tier 1 (Graduate Entrepreneur)/ Tier 1 (Entrepreneur)Start-up/ Innovator29 March 2019For entrepreneurs to set-up and run their own business in the UK
Tier 1 (Exceptional Talent)Global Talent20 February 2020For recognised (potential) leaders in certain sectors to live/ study/ work/ run their own business in the UK
Tier 2 (General)Skilled Worker1 December 2020For sponsored migrants to live and work in the UK
Tier 2 (Intra-company Transfer)Intra-Company Transfer1 December 2020For employees working in a linked overseas entity to be transferred to work for the linked UK entity
Tier 4 (General)Student5 October 2020For people aged 16 and over to study in the UK
Tier 4 (Child)Child5 October 2020For people aged between 4 and 17 to study in the UK
Tier 5 (Youth Mobility Scheme)Youth Mobility Scheme1 December 2020For certain foreign migrants to come to the UK on a working-holiday basis
Sole RepNO MAJOR CHANGE1 December 2020For senior employees to be sent by their overseas employer to establish and run its first UK establishment
UK AncestryNO MAJOR CHANGE1 December 2020For Commonwealth citizens with at least one grandparent born in the UK, to live and work in the UK

Most but not all of the above options allow individuals to apply for settlement in the UK, usually after 5 years.

For further information see Immigration Rules

Irish Citizens

Although EU free movement rules no longer apply, most Irish citizens can still freely come to the UK to live, work and study, without applying for any kind of immigration permission.

EEA Visitors to the UK

EEA citizens can visit the UK for up to 6 months without applying for a visa; however, you must be able to satisfy the Immigration Officer at the UK Border that you are a genuine visitor. What you can and cannot do in the UK as a visitor is heavily regulated.

Visitors are not allowed to work in the UK unless it is a “permitted activity”. For example, it is permitted to carry out limited business activities (e.g. attend seminars/ conferences/ meetings). In addition, visitors must not receive payment from a UK source, except for limited reasons, for example reasonable expenses to cover the costs of travel and subsistence.

EU Settlement Scheme (“EUSS”)

This UK “post-Brexit” system was introduced on 29 March 2019 (the original Brexit date). In line with the end of the Brexit Transition Period, as long as an EEA citizen was resident in the UK before 11pm on 31 December 2020, they now have until 30 June 2021 to submit a free application for immigration status.

In most cases, applicants will either get Pre-settled Status (a 5-year e-visa), or Settled Status (effectively permanent residence).

If an EEA citizen has not made an application under the EUSS, or other immigration route by 30 June 2021, they will no longer be in the UK lawfully.

For most EEA citizens wishing to take up residence in the UK from 1 January 2021, they are unlikely to be eligible to submit an application under the EUSS and must look at other UK visa options.


Sourced from: Mondaq.com

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