Greater immigration control was one of the key drivers of Brexit. While the UK remained a part of the European Union, citizens of EU countries could live and work in the UK without restriction.
Post-Brexit, things have changed slightly. Citizens of EU countries are now treated more or less the same way as non-EU citizens with respect to immigration and employment in the UK.
In this regard, there have been some changes to the immigration policy in the UK. And if you’re planning to relocate to the Land of the Rose for work purposes, you will find this post useful as it highlights the top 5 immigration laws of the United Kingdom that you should know. Let’s dive into it.
1. Leave to Enter or Stay in the UK
If you are a prospective immigrant seeking to move to the UK, or you’re already in the country and you want to extend your stay, then this law is for you.
Expectedly, because it addresses two sets of immigrants, this law is wide and quite voluminous.
The leave to enter refers to the permit you need to obtain if you’re moving to the UK for the first time. Leave to remain, on the other hand, refers to the permit the UK government gives to immigrants who are already in the country. The leave to enter or remain is usually valid for a short time that will be specified. And you may be mandated to fulfil any or all of the following conditions:
· Take only certain jobs, or not take any job at all during your stay.
· Maintain and provide accommodation for yourself and your dependents, without recourse to public funds
· Register with the police; and
· Restricted studies in the United Kingdom.
This wide-ranging law also covers immigration issues relating to the common travel area. If you’re coming from or through the common travel area into the UK, you may not require leave to enter.
Moreover, this rule empowers an Immigration Officer, acting on the authority of a Chief Immigration Officer or an Immigration Inspector to revoke your leave should they have any reason to do so.
2. Indefinite Leave to Enter or Remain
The indefinite leave to enter or remain in the UK grants the applicant the right to live in the UK for a longer time than leave to enter or remain.
The rule mandates you to attend an interview at the request of the Secretary of State. However, you may be exempted if you have a reasonable explanation for not showing up for the interview.
As an immigrant seeking an indefinite leave to enter or remain, you must be able to show that you have sufficient knowledge of the English language and life in the United Kingdom generally.
Also, note that the approval (or otherwise) of your request for indefinite leave to enter or remain is at the sole discretion of a decision-maker. This can be your interviewer or any other person designated by the immigration authorities to determine whether you are eligible for the leave.
3. Student Visa
If you intend to move to the UK for educational purposes, you need to take note of laws regarding the application and issuance of a visa.
To be eligible for this visa, you must:
· have been offered a place on a course by a licensed student sponsor.
· have enough money to support yourself and pay for your course.
· be able to speak, read, write and understand English.
· have consent from your parents if you’re 16 or 17.
4. The Points Based Immigration System
According to a report by the guardian, the UK is currently experiencing staff shortages in several industries, with the food industry and HGV drivers being the most notable of all. Hence, the government is currently considering making some tweaks to the existing work visa rules.
However, as of today, to obtain a work visa in the UK, you have to qualify for 70 points. Luckily, the breakdown of the points is quite straightforward and practical.
Foremost, a job offer from an approved employer, together with proof that you can speak English, and you have 50 points. You will also get 20 more points if your job pays a minimum of £25,600 a year.
In case you’re unable to meet any of these, there are other routes through which you can earn points. A PhD in science, technology, engineering or mathematics will fetch you 20 points. Relevant PhD, albeit in a non-STEM course will still give you 10 points.
In addition, getting an offer in any of the industries with a dearth of workers attracts 20 points, even if the yearly payment is not up to £25,600. Meanwhile, offers in the health sector and certain roles in the educational sector can also earn you 20 points as long as you’ll be netting at least £20,480 per annum.
5. Grounds for Refusal – Suitability Requirements
The Immigration Rules part 9 details reasons for which your request to enter the UK might be denied. The suitability requirement applies to every immigrant regardless of the entry route – be it the Channel Tunnel, or via the Common Travel Area, or elsewhere. However, some routes may have additional suitability requirements than others.
More so, decisions on suitability can either be mandatory or discretionary. In the former instance, the applicant has come short of security checks and evaluation while the examiner has reasons to doubt his application.
Getting acquainted with this part of the Immigration Rules can help you to know how to prepare and what to avoid for you to be admitted into the country. The part itself is divided into 5 sections. And, like many of the laws in this post, you may need to make use of lawyer services for immigration to help you understand the requirements better.
