Visa rules - before and after Brexit.





We have decided to sum up the Government Brexit visa proposals, that is what they disclosed so far.  We were prompted to make this table by a recent Daily Mail article  



EU citizens until 31.12.2020
(based on Government publication here)


EU and non-EU citizens after 31.12.2018 (based on the proposals so far)
Who can come and work in the UK? Skilled and unskilled workers Can come and work in the UK without restrictions.
Only skilled workers and only when sponsored by a UK employer (employers have to go through vigorous tests on ‘genuineness’).

Low-skilled workers aren’t allowed in.


Skilled workers will still have to be sponsored by UK employers.

Low-skilled workers from ‘low risk’ countries will be allowed to work for up to 12 months.

What is meant by a skilled worker? N/A Jobs at a ‘degree level’ NQF 6 from the ONS which was included in the Immigration Rules here . Jobs at NQF Level 4 which is presumed to be ‘A Level’ jobs (which happened to be the same rule as pre-2014 anyway).
Does it lead to settlement and UK passport? Yes. Yes. Yes for skilled workers. No for the unskilled.

Minimum salary
No rules other than UK minimum wage. £30,000 unless falls for exemptions, such as fresh graduates, where the minimum is £21,000. There will be some minimum to ensure foreign workers are offered the same pay as UK workers (to prevent ‘cheap labour’) but a consultation is to be held on the level.

Minimum salary to qualify for settlement
No rules other than UK minimum wage.
£35,500 for 2018-19, increasing slightly every year. Unless exempt, such as nurses.


To be confirmed.
Do employers have to consider UK workers first?
No, in fact the EU law specifically prohibits to discriminate EU workers.


Yes, have to advertise a job and try to find a settled worker first. Unless exempt, such a when sponsoring fresh graduates.


So far, the proposal is to make it easier for employers and
not to force employers to do this anymore.
Limit on the number of visas? No. Those coming from outside the UK/EU are limited to 20,700 per year. But there is no limit on migrants already in the UK, such as fresh graduates. So far, the proposal is not to have a limit.
Benefits
In many cases, can claim benefits in the same way as UK citizens can, including child benefit



Cannot claim benefits (including child benefit) until securing settlement after 5 years of working.



So far, the plan is not to allow claiming benefits until securing settlement.



NHS
Can use the NHS free of charge.


Can use the NHS but have to pay £200 per year (and same per each family member including a child) when applying for a visa. The NHS rules are to be confirmed but expected to be the same as for non-EU citizens now.
Criminal convictions

Depending on the severity of the offence, some are prevented from securing a visa altogether while others are prevented from settlement and UK passport until 2-3 years after the conviction. To be confirmed but expected to be the same as for non-EU citizens now.


1st4Immigration is a practicing immigration law company, accredited by the OISC at the highest Level 3, reference 200800152. Office address: 68 King William Street, City of London, London, EC4M 7DZ. For individual advice or to make your application as successful please contact us: info@1st4immigration.com or visit our website:http://www.1st4immigration.com/

We also provide immigration training and CPD for lawyers and those preparing for OISC exam. We have classroom/livestream courses and online self-study courses, accredited by CPD Standards Office, ref 80001, and accepted by The OISC. Visit our 
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