With the New immigration Rules introduced in December 2020 on the New Points Based System, EU citizens will now face new challenges.  This is not something that EU citizens have had to consider before.  EU citizens have enjoyed free movement amongst the EU countries and have not had to meet any stringent requirements to be able to work. 

The New UK’s points Based System is to go full steam ahead on the 31 December 2020.  The day when UK finally Brexits, we say a fond farewell to our neighbours.  Though it does feel like we would be isolating, and we will soon be out of lockdown.   Sadly, this is not the case.

The New UK’s Points Based System means that from 1 January 2021 EU citizens will have to meet the same requirements as other nationals seeking to live and work in the UK.  EU nationals will no longer have the benefit of their nationality. 

This is not applicable to those EU citizens who are already in the UK or have arrived before the 31 December 2020 and have or will apply under the EU Settlement Scheme for your Pre- settled Status or Settled status. 

The New Points Based System

The New Points Based System will consider suitability, skills, knowledge and experience.   It is a visa application process where an online application with a fee will need to be submitted and documentation as your evidence will be necessary to mee the requirements for the Visa you wish to apply for.  EU citizens will now be entering the Immigration Rules and Requirements and each application will be assessed against each Requirement. 

Fees

Failure to meet the Requirements could mean a refusal and the loss of fees.  The alternative would be an administrative review or to re- apply, making a further application and paying the fee again.  For most EU citizens the difference will be the expense of making an application even if they meet all the other requirements.  Previously for EU citizens applications have been free or a nominal fee being paid.  Under the Immigration Rules each application attracts a fee as well as an NHS fee.

The fees as of 1 December 2020:

• Skilled worker – 3 years – £610
• Skilled worker – over 3 years – £1220
• Shortage Occupation – 3 years – £464
• Shortage Occupation – over 3 years – £928
• Health & Care Visa – 3 years – £232
• Health & Care Visa – over 3 years – £464

The NHS fee is currently £624 per year.  So, for a 5-year visa it would be £3,120. 

In addition, the fees are paid at the time the application is submitted which in most cases would mean that the fees for the NHS and the Visa Application Fee are paid at the same time on the same day. 

Currently some Visas like the Health & Care visa have been exempted from the NHS fees especially as the UK has faced challenges with Covid 19 and maintaining the NHS system. 

The Requirements for the New Points Based System

Each Visa type has a long list of its own requirements, though each visa type has in common the following requirements:

• Suitability requirements such as criminality
• A job offer being given from a licensed sponsor
• Certain job descriptions have a minimum salary requirement
• English language requirements – a level B1

Guidance Documents

As with our previous blog on Guidance documents is it important to read the information in them as to the documents necessary to meet each requirement.