With the Brexit deadline looming, the UK government has revealed details about its new immigration system, which will come into effect in the new year. The replacement entry rules will change the way EU nationals can enter the UK, whether for work, study, or to join family members.

The updated process will categorise EU and non-EU applicants into one universal system. This means that people coming to the UK from the EU will now need a visa if they intend to work or stay for a prolonged period of time.

This article will take you through the different types of visas available for EU nationals, and help you figure out the next steps should you decide to apply.

Work Visas

Work and employment are one of the main reasons people move from the EU to the UK. An estimated 2.4 million EU nationals currently work in the UK, accounting for almost half of all European residents in the country.

Before Brexit, it was possible for any EU national to move to the country and work without a visa. However, from January 1st all EU citizens will need to apply for a permit via the UK’s new points-based immigration system.

Visas are then awarded to those who gain enough points. The route you will need to take in order to apply for a work visa will vary depending on your circumstances.

Skilled work visa

On January 1, the Tier 2 visa - also known as the general work visa - will be replaced by the skilled worked visa. Tier 2 visas were previously available for non-EU citizens with an active job offer in the UK.

The introduction of the skilled work visa means EU and non-EU citizens will be subject to the same entry requirements.

However, as immigration expert Hayley Maguire explains in her online guide to UK Immigration: “It’s not as simple as just being offered a job. The employer has to pass the Resident Labour Market Test to show that no one else locally can do the role. And the salary offered has to meet the minimum threshold set by the government.”

To qualify for the skilled work visa, applicants must score at least 70 points under the government’s assessment criteria. There are a number of ways to qualify for points, as long as you meet four basic conditions.

Firstly, you must meet the language requirement as laid out by the UK home office. This means you should be able to speak fluent, conversational English, and not require an interpreter.

Secondly, your offer of employment must be from a company or individual approved by the Home Office. If your new boss or company isn’t already approved then they can apply for a sponsor license for between £536 to £1,476.

Finally, your job offer must be of a skill level of at least RQF 3 or above (A-Level and equivalent). The UK government has compiled a list of approved skilled jobs that meet this requirement.

Many roles in manufacturing, waste management, engineering, and the sciences are included on this list, which also features related job titles. You can check whether your role qualifies by searching the table for your job code.

If you don’t know your code then you can search for it in the ONS occupation coding tool.

Combined, these mandatory features are worth 50 points. You can make up the remaining 20 points in several different ways:

• A salary of £23,040 to £25,599 or at least 90% of the going rate for the profession will earn you 10 points
• A salary of £25,600 or above or at least the going rate for the profession (whichever is higher) will earn you 20 points
• A job offer in a shortage occupation as designated by the Migration Advisory Committee will earn you 20 points
• Holding a Ph.D. in a subject relevant to the job will earn you 10 points
• Holding a Ph.D. in a STEM subject relevant to the job will earn you 20 points

How much does filing an application cost?

You will need to pay two separate fees to apply for a skilled worker visa. First, you will be charged a healthcare surcharge, which qualifies you for care under the NHS. This is normally around £624 per year.

You will also need to pay an application fee, which varies in cost depending on your situation. If you are applying for a visa for a job on the employment shortage list then you will pay a lower fee.

EU Citizens in the UK

If you are an EU citizen who has lived in the UK since before December 31, 2020, then you do not need to reapply for a visa under the new points-based system. You will, however, need to apply to the EU Settlement Scheme before 30 June 2021.

The new system will not apply to EU citizens living in the UK by 31 December 2020. They and their family members are eligible to apply to the EU Settlement Scheme and have until 30 June 2021 to make an application.

However, immigration lawyers have warned those looking to apply to be aware of how recent travel might affect their eligibility. In some cases, a prolonged visit to another country could disqualify applicants from the scheme.

If you are concerned this might affect your application then you should seek legal advice from a qualified immigration solicitor. At present, the UK home office hasn’t produced any guidance about Covid related absences, but it is hoped this will be released in 2021.