Control of immigration was one of the cornerstones of the pro-Brexit argument, and 1 January 2021 witnessed major changes to how UK and EU citizens will live, work and travel on both sides of the Channel. Here are five things to remember about travel and freedom of movement:
1. Freedom of movement
Leaving the EU means the UK is no longer bound by the Schengen Agreement, which allows the freedom of movement between EU states. UK citizens no longer have the automatic right to live and work in the EU, while EU nationals lose the same rights in the UK.
Under the terms of the Brexit deal signed before Christmas, the one million British nationals living in the EU will continue to enjoy the same pre-Brexit rights, as will the three million EU citizens living in the UK.
2. New immigration rules
However, anyone now crossing the border to live or work must follow the new immigration rules. There is an exception for people moving between Ireland and Northern Ireland as they will form a common travel area, with the border effectively becoming the Irish Sea.
The UK has introduced a new Australian-style immigration system for any foreign national planning to live and work in the UK. The new policy will treat EU and non-EU citizens equally and there will be no cap on the number of people who can qualify.
3. Rules for employers
The new Skilled Worker and the Intra-Company Transfer (ICT) visas will replace the existing employer-sponsored visas for those who are not EU citizens and those from Iceland, Liechtenstein, Norway and Switzerland (EEA Nationals).
Employers must apply to UK Visas & Immigration if they wish to sponsor any foreign nationals. Any position offered to non-UK workers must carry a skill level of RQF3 or above (equivalent to an A-level). Furthermore, workers must speak English and secure a salary from a sponsor above a threshold of £25,600, or the going rate for the job, whichever is higher.
Workers earning less than the threshold, but no less than £20,480, can still apply for UK jobs by trading points against their salary. For example, occupations which have a skills shortage will be worth more points (i.e. science, engineering or medical roles).
EEA citizens who were working in the UK before 1 January 2021 have until 30 June 2021 to apply for settled status or pre-settled status to stay in the UK. Exempted from these rules are those of Irish nationality and anyone with an indefinite right to remain.
4. Holidays
Travelling to the EU for a holiday will remain visa-free, but you will need at least six months left on your passport. Any UK citizen intending to stay in the EU for longer than 90 days, in any 180-day period, now requires a visa.
5. Health
UK nationals will no longer have access to the European Health Insurance Card (EHIC) scheme, which gains them access to medical care across the EU. Current EHICs will remain valid until they expire and a Global Health Insurance Card is being developed. However before travelling check with government advice and, if in doubt, arrange appropriate travel insurance.
The next step
If you have any questions surrounding the labour market in a post-Brexit Britain, please get in touch with your usual UHY adviser.
