Brexit came as a shock to a lot of people. That’s unsurprising, given that it was the first time when a country left the EU. In the 2016 referendum, it turned out that a slight majority of voters, 51.9% approved leaving the European Union.
Still, it took four more years for the UK to officially withdraw. Brexit had a tremendous impact on the United Kingdom’s economy, but that’s only one of its consequences. It made it also more difficult for foreign-born nationals to travel to the UK and work there.
However, as there is a lot of confusion surrounding this topic, we have prepared this article to explain the most common questions about the consequences of Brexit for foreign nationals.
What Are The Main Changes Made by Brexit to the Immigration System?
The main changes made by Brexit to the immigration system are as follows:
- If you are a citizen of a country that is not in the European Economic Area or Switzerland, you will need to apply for a work permit.
- You will have to undergo checks by the Department for Work and Pensions (DWP) before you can be granted a visa. This will happen regardless of whether you are a new or existing employee.
- UKVI will no longer issue certificates of sponsorship. Only employers who already have sponsorship applications in progress will be able to make them. The UKVI will not accept any new applications for certificates of sponsorship.
- If you were studying in the UK and had applied for post-study work, you will not need to make an application if you have already begun your studies.
- EU citizens will no longer be given preferential treatment under the Tier 2 visa system. They will need to pass the Resident Labour Market Test to stay in the UK after Brexit.
- The UK government will remove students from the Tier 4 visa limit.
What Are the Rules Regarding Visas and Immigration for EU Citizens?
Before Brexit, EU citizens could travel freely between EU countries and work there without any restrictions. But now, due to Brexit, this has changed.
From 1st January 2021, all EU citizens who are not UK citizens will have to apply for settled status to continue living in the United Kingdom.
From that date, they will also be required to show their passports if they need to prove their identity when dealing with public authorities.
What are Settled Status and Pre-settled Status?
Settled status is a UK immigration status that gives someone indefinite leave to remain in the United Kingdom. If you have settled status, you can live and work in the UK indefinitely.
Pre-settled status is a new status announced by the Home Office. It is granted to those people who have already been living in the UK before Brexit. Pre-settled status allows them to remain in the UK until they apply for settled status. The Home Office will start accepting applications for pre-settled status from 2021.
There is also discretionary leave to remain, which the home office grants outside of immigration rules. That allows someone to live and work in the UK for a short or limited period of time. Brexit has did not affect the status of discretionary leave to remain with the last significant changes to this ruling being implemented in 2012.
What About EU Citizens Who Moved to the UK Before 2021?
EU citizens who arrived in the UK before 31st December 2020 will be eligible for a temporary status, which means they can stay and work in the UK until June 2021. After this date, they must apply for pre-settled status.
How Can I Apply for Settled Status?
EU citizens who want to stay in the UK after Brexit should apply for settled status before June 2021. This means that they must send their application before 30th June 2021, at the latest.
After this date, there will be no way of applying for settled status. You can apply for settled status online, using an app, or by post. You must show the Home Office a valid passport and proof that you are exercising your treaty rights in the UK. You will also need to prove that you have been living in the country since before 31st December 2020. The documents you need will depend on your situation.
What if I Am Not Eligible for Settled Status? How Can I Extend My Stay in the UK?
After 30th June 2021, there will be no way of extending your stay in the UK after Brexit.
However, if you are a citizen of an EU member state but are not eligible for pre-settled status, you may still be able to apply for new immigration status. This depends on your current immigration status and whether you can meet the criteria for settlement or pre-settlement.
For example, if you are working in the UK as a Tier 2 visa holder with a sponsor, you may be able to apply for permission to stay after 30th June 2021 as a worker. If your current immigration status is ‘Tier 4’, you might be able to apply for post-study work after that date.
What Happens If I Have Settled Status but Lose My Job?
If you have settled status, it means that you have indefinite permission to live and work in the UK. However, it doesn’t mean that you are entitled to benefits or healthcare.
You will need to apply for a new visa if you want to stay in the UK after losing your job. After Brexit takes place, if you lose your job, you will have to apply for another visa and go through the whole immigration process again.
What about Family Members of EU Citizens Who Have Settled Status? What Happens After Brexit?
EU citizens who have settled status in the United Kingdom won’t need to worry about their family members who joined them after Brexit. Family members of EU nationals who arrive in the UK before 31st December 2020 will be able to apply for settled status without any restrictions.
If they arrive after that date, they will be considered EU citizens and can apply for settled status once it becomes available.
Will I Be Able to Stay in the UK If I Am Currently Studying in the UK?
EU citizens who are currently studying in the UK will not need to apply for a visa after Brexit takes place. They will be able to continue studying until they finish their studies.
It is important to note that if students decide to stay and work in the UK after their studies are over, they will have to apply for new immigration status.
Will EU Students Still Be Able to Receive the Same Funding as Before?
Yes, EU students will still be able to receive the same funding as before. The Home Office has confirmed that students receiving financial support from sources such as HEFCE or UCAS before Brexit will continue to do so.
However, there is one thing that might change after the end of 2020: students who come to the UK before 2021 will be able to apply for funding for the course they are currently attending right now. If they arrive after this date, they will only be able to apply for funding when they arrive at their university.
