The post-Brexit immigration system: what will it look like?
The post-Brexit immigration system: what will it look like?

The following Immigration practice note provides comprehensive and up to date legal information covering:

  • The post-Brexit immigration system: what will it look like?
  • Background
  • Changes of form, changes of substance
  • Routes of entry under the new system: business immigration
  • Skilled workers
  • Intra-Company Transfer
  • Sponsorship
  • Innovator
  • Start-up
  • Global talent
  • More...

On 19 February 2020, the government announced details of the ‘new’ post-Brexit UK immigration system, with significant changes to the rules governing entry to the UK due to take effect from 1 January 2021. Further details were announced on 13 July 2020.

On 22 October 2020, the Home Office issued a substantial Statement of Changes in Immigration Rules HC 813 (‘Statement of Changes HC 813’), along with an Explanatory Memorandum. The Statement implements many categories of the post-Brexit immigration system (termed the ‘Future Points-Based Immigration System’). Most changes come into effect on 1 December 2020 for non–EEA/Swiss citizens, and for EEA/Swiss citizens who are not covered by the EU Settlement Scheme, from 1 January 2021. For further information, see: LNB News 22/10/2020 80.

On 1 December 2020 the Home Office issued new and updated guidance documents and ‘tools’ for applicants and Home Office decision makers in relation to the new regime. See LNB News 01/12/2020 89 for a list of links to these guidance documents and tools, separated by types of guidance (tools per category, cross-cutting tools, caseworker guidance on categories, supplementary category guidance, cross-cutting guidance, sponsor guidance, and general grounds for refusal/suitability guidance).

This Practice Note provides a high-level summary of what we currently know about the new system: what is changing and what will remain the same, both in substance and (potentially) in form.

Background

With the

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