Immigration policy of the United Kingdom

Immigration policies of the United Kingdom are the areas of modern British policy concerned with the immigration system of the United Kingdom—primarily, who has the right to visit or stay in the UK. British immigration policy is under the purview of UK Visas and Immigration.[1]

With its exit from the European Union, the UK is set to undergo a broad reform to its immigration system, putting an end to free movement and introducing a points-based system, due to take affect on 1 January 2021.[2]

Electronic documentation

In the wake of Brexit, the British Government introduced a wide, multi-year programme of change, led by the Home Office, to transform the operation of the UK's border and immigration system.[2] Following the first phase of this initiative which will take place in 2021, further improvements to the system in the longer term include the introduction of an Electronic Travel Authorisation system. The United Kingdom Electronic Travel Authorities (ETA) is planned as an electronic system that will be used to pre-check migrants travelling to the UK.[2][3][4][5][6]

Citizens of Kuwait, Oman, Qatar, and United Arab Emirates in the Arabian peninsula can obtain an Electronic Visa Waiver (EVW) online to enter the United Kingdom, which is only valid for one entry each.[7] An EVW authorisation enables its holder to visit and/or study in the UK for up to 6 months without a visa, and must be obtained each time an eligible person wishes to enter/re-enter the UK for such purpose. An EVW is only valid for one entry, and a new EVW must be obtained each time an eligible person wishes to enter the UK to visit and/or study for up to 6 months without a visa. The EVW is also valid for visits to Ireland for up to 90 days once a holder has cleared immigration in the United Kingdom.

Points-based system and sponsorship

Exiting the European Union on 31 January 2020, the United Kingdom moved to end free movement and introduce an Immigration Bill for a points-based system.[2] Under the new British points-based system—due to take affect on 1 January 2021—there will be a single immigration policy applied to anyone who wishes to live and work in the UK.[2] This would be the first phase of a wider multi-year programme of change, led by the Home Office, to transform the operation of the British border and immigration system—including sponsorship.[2]

Under the new system, persons require 70 points to enable them to work in the UK.[2][8]

Current requirements
Requirement Tradable with other requirements Points
Offer of employment by an approved sponsor No 20
Employment at the appropriate skill level No 20
Speaks English at a sufficient level No 10
Salary between £20,480 and £23,039 Yes 0
Salary between £23,040 and £25,599 Yes 10
Salary that is £25,600 or above Yes 20
Employment in an occupation that has a shortage as designated by the Migration Advisory Committee Yes 20
Education qualification: PhD in a subject relevant to the employment Yes 10
Education qualification: PhD in a STEM subject relevant to the employment Yes 20

Sponsorship

In order to be eligible to apply under certain categories of the points-based system, the applicant must have a sponsor which is on the UKBA register of sponsors. The register of sponsors lists all organisations that the UK Border Agency has licensed to employ migrant workers or sponsor migrant students. On 31 March 2009, the register of sponsors replaced the register of education and training providers published by the Department for Innovation, Universities and Skills (and previously by the Department for Education and Skills). During 2018, many NHS trusts found that applications for certificates of sponsorship for doctors and nurses were refused, leaving them to rely on locum staff.[9]

For employers sponsoring skilled migrants under the new 2021 system, the visa process would be streamlined to reduce the time it takes to bring a migrant into the UK by up to 8 weeks. The Government intends to further reduce this through additional enhancements to the system.[2]

Visas
Main article: Visa policy of the United Kingdom
British Visas, as of April 2015
Visa Details
Visitor Visas
  • Standard Visitor visa: As of April 2015, the Standard Visitor visa replaced the Family Visitor visa, General Visitor visa, Child Visitor visa, Business Visitor visa(including visas for academics, doctors, and dentists), Sports Visitor visa, Entertainer Visitor visa, Prospective Entrepreneur visa, Private Medical Treatment Visitor visa, and the Approved Destination Status (ADS) visa.[10]
  • Marriage Visitor visa[11]
  • Permitted Paid Engagement visa[12]
  • Parent of a Tier 4 child visa[13]
  • Visa to pass through the UK in transit[14]
    • Direct Airside Transit visa
    • Visitor in Transit visa
Work Visas
  • Tier 1 visa
    • Entrepreneur (minimum £200,000 investment or £50,000 if qualified)
    • Exceptional Talent (recognised leader in fields of science, humanities, engineering, medicine, digital technology or the arts)
    • General (highly skilled workers, writers, composers or artists and self-employed lawyers)
    • Graduate Entrepreneur
    • Investor (minimum £2,000,000 investment)
  • Tier 2 visa (sponsored workers)[15]
    • General
    • Intra-company Transfer (foreign company workers in a British branch)
    • Minister of Religion
    • Sportsperson
  • Tier 5 visa (temporary work for sponsored workers)[16]
    • Charity Worker (unpaid voluntary work)
    • Creative and sporting
    • Government Authorised Exchange
    • International Agreement
    • Religious Worker
    • Youth Mobility Scheme
  • Domestic Workers in a Private Household visa (cleaners, chauffeurs, cooks, personal care providers and nannies)
  • Representative of an Overseas Business visa (head of a British branch or a foreign journalist on a long-term posting)
  • Turkish Businessperson visa
  • Turkish Worker visa
  • UK Ancestry visa (Commonwealth citizens with British born parents or grandparents)
  • Croatian national registration certificates
Student Visas
  • Short-term study visa [17]
  • Tier 4 visa
    • General
    • Child

Tier 1 (Entrepreneur) & Tier 1 (Graduate Entrepreneur)

This category is intended for entrepreneurs who want to set up or take over an existing business (or businesses) in the UK. This route requires entrepreneurs to be actively involved in running of their businesses either as company directors or as self-employed. Entrepreneurs are allowed to be employed and work only in the businesses they are involved with.

Successful applicants are granted with three years of initial leave to remain and those applying must have access to at least £200,000. Under certain circumstances, the applicants can apply if they have access to only £50,000. The funds can be shared by up to two people where they can apply as an entrepreneurial team. The initial leave will be further extended by two years if the applicants demonstrate that they have invested the funds in their business (or businesses) and created at least two full-time positions that existed for at least 12 months during the three-year initial period.[18]

To prevent abuse of the route, all the applicants are subject to a Genuine Entrepreneur Test in which they must demonstrate the credibility and genuineness of their business (or businesses). In some cases, the applicants could be interviewed or asked to submit extra evidence.

After 5 years of leave on Tier 1 Entrepreneur, the applicants could potentially apply for Indefinite Leave to Remain (ILR) in the UK. The route allows the most successful entrepreneurs to apply for settlement within the first three-year under the Accelerated Route if they demonstrate that their business generated a turnover of at least £5m or created 10 full-time jobs for 10 people lasting 12 months or more.[19]

International students are no longer able to apply for Tier 1 (Entrepreneur) route within the UK. Instead a separate route under Tier 1 (Graduate Entrepreneur) exists in which international graduates who have been officially endorsed by either the Department for International Trade (DIT) or a British higher education institution (HEI) can apply to remain in the UK to pursue their business ventures.[20]

On 7 March 2019, the government published immigration rule changes to close the Tier 1 (Entrepreneur) and Tier 1 (Graduate Entrepreneur) routes to initial applications on 6 April 2019 and 6 July 2019 respectively. These two routes will be replaced by two new visa categories namely 'Start-up' and 'Innovator' visas.[21]

Tier 1 (Investor)

The Investor [22] subcategory is for those who wish to invest capital in the United Kingdom. In November 2014 the investment thresholds were increased to; £2,000,000, £5,000,000 or £10,000,000. The difference between the thresholds is the amount of time it takes a migrant to be eligible for Indefinite Leave to Remain. With the £2,000,000 threshold it is 5 years, with the £5,000,000 threshold it is 3 years and with the £10,000,000 threshold it is 2 years.[23] The funds must be invested in either share capital in British companies or in British bonds.[24]

Tier 1 (Exceptional Talent)

The Exceptional Talent sub-category is for those who are recognised or have potential to be recognized as exceptionally talented leaders in the fields of science, the humanities, engineering, medicine, digital technology or the arts. This visa is issued for an initial maximum period of five years and four months.[25]

Tier 2

Tier 2 covers skilled workers with a job offer from a UK-based employer and was introduced in November 2008.[26] It replaced the provisions for work permit employment, ministers of religion; airport-based operational ground staff, overseas qualified nurse or midwife, student union sabbatical posts, seafarers, named researchers, Jewish agency employees, and overseas representatives (news media).[27]

See also

References
  1. "Home page | UK Visas and Immigration." Gov.uk. Retrieved 2020 December 10.
  2. "The UK's points-based immigration system: policy statement," Policy paper. Gov.uk. Government of the United Kingdom. 2020 February 19. Retrieved 2020 December 10.
  3. European, Union. "UK Conservatives want to introduce travel authorisation scheme for EU". Schengen VISA Info.
  4. ETIAS, Info. "UK reveals US style visa waiver for EU Citizens". ETIAS Info.
  5. McCulloch, Adam (2 Dec 2019). "Eu Visitors to UK will require three days notice before travelling". Personnel Today.
  6. "Tories plan electronic visa waiver for EU citizens". ComputerWeekly.com. Retrieved 2020-01-22.
  7. "UK electronic visa waiver introduced for Oman, Qatar and UAE." Gov.uk. 2013 December 30. Retrieved 2020 December 10.
  8. Chambers, Richmond (Professional Immigration Lawyer) (October 19, 2018). "UK government proposes a single immigration system". Richmond Chambers.
  9. Collins, Annabelle (April 25, 2018). "Absolute shock' at government refusing visas for hospital doctors". HSJ.
  10. (Visas), Dept. "Standard Visitor visa". Gov.UK.
  11. (Visa), Dept. "Marriage Visa". Gov.UK.
  12. (Visa), Dept. "Permitted Paid Engagement Visa". Gov.UK.
  13. (Visa), Dept. "Parent of Child at School Visa". Gov.UK.
  14. (Visa), Dept. "Transit Visa". Gov.UK.
  15. (Visa), Dept. "Tier 2 (Work Visa)". Gov.UK.
  16. (Visa), Dept. "Tier 5 (Work Visa)". Gov.UK.
  17. (Visa), Dept. "Tier 4 (Student Visa)". Gov.UK.
  18. (Visas), Dept. "Tier 1 (Entrepreneur)". Gov.UK.
  19. (Visas), Dept. "Guidance (Tier 1 Entrepreneur)". Gov.UK.
  20. "Tier 1 (Graduate- Entrepreneur)".
  21. EXPLANATORY MEMORANDUM TO THE STATEMENT OF CHANGES IN IMMIGRATION RULES PRESENTED TO PARLIAMENT ON 7 MARCH 2019 (HC 1919) Gov.UK March 7, 2019 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/784060/CCS207_CCS0319710302-002_HC_1919_Immigration_Rules__EXPLANATORY_MEMO__PRINT_.pdf
  22. "Investors". UK Border Agency. July 30, 2008.
  23. "Tier 1 Investor (Debate)". Immigration Media. February 9, 2015.
  24. "Tier 1 Investor (debate)". Immigration Media. February 9, 2015.
  25. "Tier 1 Exceptional Talent". Gov.UK. July 2, 2015.
  26. "Tier 2 Sponsored Skilled Workers". Gov.UK.
  27. "Skilled workers the point based system" (PDF). Home Office. October 23, 2008.
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