Brexit, the United Kingdom’s departure from the European Union, has left an indelible mark on the UK’s immigration policies. One of the most significant changes is how the UK now handles visas for both EU and non-EU citizens. Before Brexit, EU citizens enjoyed several advantages, including free movement to work, study, and reside in the UK. However, with the end of free movement on January 1, 2021, these rights have been significantly altered. This article will examine how Brexit has impacted the rights of both EU and non-EU citizens regarding work, study, residency, and the broader visa system.
The End of Free Movement for EU Citizens
Before Brexit, EU citizens had the right to work in the UK without the need for a visa. This right to free movement allowed individuals from EU member states to live and work in the UK without needing a job offer or sponsorship. However, with the end of free movement in 2021, EU citizens are now subject to the same immigration controls as non-EU citizens.
The UK has implemented a points-based immigration system that requires EU nationals to meet specific criteria before being granted a visa. This includes obtaining sponsorship from a UK employer, typically under the Skilled Worker visa route.
To qualify for a work visa, applicants need to score a certain number of points based on factors such as their job offer, salary, English language proficiency, and skill level. For example, to qualify for the Skilled Worker visa, the applicant must have a job offer that meets specific skill and salary thresholds. The introduction of this system has dramatically reduced the number of EU citizens receiving work visas, with only about 5% of post-Brexit work visas being granted to EU nationals.
Study Rights for EU Citizens After Brexit
Prior to Brexit, EU students benefited from lower tuition fees and fewer visa requirements compared to their non-EU counterparts. However, following Brexit, new EU students who wish to study in the UK must now apply for a student visa and will face the same high tuition fees as non-EU students. This change has made the UK less attractive for many EU nationals, especially those seeking to pursue higher education at British institutions.
The introduction of the student visa means that EU students must meet certain requirements, such as securing a place at a registered UK educational institution and proving they can support themselves financially during their studies. Additionally, EU students are now required to pay for healthcare coverage under the Immigration Health Surcharge (IHS), a cost that was previously exempted for EU nationals.
The result has been a significant drop in the number of new EU student enrollments. According to recent statistics, there was a 53% decrease in the number of EU students arriving in the UK post-Brexit, as many are deterred by the increased costs and visa requirements.
Residency Rights for EU Citizens After Brexit
For EU nationals already residing in the UK before the end of the transition period (December 31, 2020), the UK government introduced the EU Settlement Scheme (EUSS), which allowed these individuals to apply for either settled status (for those who have lived in the UK for five years or more) or pre-settled status (for those who have lived in the UK for less than five years).
The EUSS was designed to allow EU citizens to continue living and working in the UK without any significant changes to their status. However, those EU nationals who moved to the UK after December 31, 2020, are not eligible for this scheme unless they are joining family members who already have settled or pre-settled status.
For long-term residency, EU nationals must now navigate the same visa routes as non-EU citizens, such as the family visa or the Skilled Worker visa, depending on their circumstances. The shift from the previously simpler residency process to the new visa-based system has made it more challenging for EU citizens to secure long-term residency in the UK.
Impact on Non-EU Citizens Post-Brexit
Non-EU citizens were always subject to visa requirements when working or studying in the UK, but Brexit has altered the broader immigration landscape. The introduction of the points-based immigration system has not only affected EU citizens but also created a more competitive environment for non-EU nationals. The points-based system is designed to attract highly skilled workers and makes it easier for non-EU nationals to secure work visas if they meet the necessary criteria.
For instance, Skilled Worker visas are now a central part of the UK’s immigration strategy. Non-EU nationals who secure a job offer from a UK employer that meets the required salary and skill level can apply for this visa.
Similarly, for students, the shift from an EU-friendly system to one that treats all international students equally has meant that non-EU students face higher tuition fees and more stringent visa requirements. Like EU students, non-EU students are also required to pay the Immigration Health Surcharge.
Residency for Non-EU Citizens
Post-Brexit, non-EU nationals seeking long-term residency in the UK face a more competitive environment. While the basic requirements for indefinite leave to remain (ILR) or long-term residency have not fundamentally changed, the inclusion of EU nationals in the same visa frameworks has made the process more competitive.
As a result, non-EU citizens may experience longer waiting times for visa approvals, or they may face more stringent requirements, especially for family members or those seeking ILR. In general, the UK’s immigration policy post-Brexit now prioritizes high-skilled workers and applicants who can meet the specific points threshold.
General Changes Across the Board
Both EU and non-EU nationals can still visit the UK for up to six months without a visa. However, visitors must demonstrate that they do not pose a threat to public policy, safety, or security. This rule applies to both EU and non-EU citizens.
One important note is that any form of paid work or an extended stay beyond six months requires a visa. This is particularly relevant for individuals who wish to work remotely or engage in business activities during their time in the UK.
Short-Term Visits for Business or Study
For short-term business or study trips, both EU and non-EU nationals can enter the UK without a visa. However, the scope of permissible activities has become more regulated. For example, tourists can engage in leisure activities, but they cannot take up paid work or enroll in long-term courses without the appropriate visa. This has resulted in a tighter control over the types of visits allowed for both groups.
Travel Authorization and Future Changes
Looking ahead, the UK plans to introduce the Electronic Travel Authorisation (ETA) for all visa-exempt visitors, including EU nationals, starting later in 2025. This system mirrors similar systems used by other countries, such as the US ESTA or the forthcoming EU ETIAS.
The ETA will require visitors to apply online before traveling to the UK. It aims to enhance security and better manage immigration flows. Although the ETA will not be a visa, it will still be a mandatory step for those entering the UK without a visa.
Conclusion
Brexit has fundamentally altered the UK’s visa and immigration system. The end of free movement has shifted the treatment of EU citizens, aligning their rights and responsibilities with those of non-EU nationals. EU citizens now need to apply for visas for work, study, and residency, while non-EU citizens continue to follow similar procedures, albeit in a more competitive environment.
The introduction of the points-based immigration system has reshaped the UK’s workforce, focusing on skills, salaries, and sponsorship rather than nationality. For EU citizens, this shift has resulted in bureaucratic hurdles and greater challenges to work, study, or reside in the UK. Meanwhile, non-EU citizens are facing a similar process, but the competitive landscape has become more complex due to the inclusion of EU nationals in the same visa system.
Ultimately, while Brexit has made the UK a more challenging destination for many, it has also streamlined the process for high-skilled workers who meet the points criteria. As the UK moves towards the ETA system and further immigration reforms, the future of the country’s visa landscape remains uncertain but increasingly regulated.
Do EU citizens need a visa to work in the UK after Brexit?
Yes, EU citizens now need to apply for a work visa, such as the Skilled Worker visa, to work in the UK.
Has Brexit made it harder for EU students to study in the UK?
Yes, EU students now face the same tuition fees and visa requirements as non-EU students, making it more difficult for many to study in the UK.
Can EU nationals still apply for permanent residency in the UK?
EU nationals who lived in the UK before December 31, 2020, can apply for settled or pre-settled status under the EU Settlement Scheme. Those arriving after this date must apply for the same visas as non-EU nationals.
What is the ETA, and who will need it?
The ETA is an electronic travel authorization required for all visa-exempt visitors to the UK, including EU nationals, starting in 2025.
How will Brexit impact non-EU citizens?
While non-EU citizens still need visas, the points-based system has created a more competitive environment for securing work and residency visas.