Brexit has significantly changed the landscape of partner visas for EU nationals wishing to live in the UK. As an EU national, you now face new rules and requirements when applying for a partner visa, ending the era of free movement that allowed swift access to the UK. This shift impacts many couples where one partner is a UK citizen and the other is from the EU, requiring you to navigate a more complex immigration system.
Since the end of the Brexit transition period in December 2020, the rights of EU nationals in the UK have altered. For those wanting to join their British partners, understanding the new regulations, including the EU Settlement Scheme and the intricacies of sponsor licences, is essential. This can seem daunting, but knowing the details can help you better prepare your application.
As challenges arise due to the complexities of mixed-nationality relationships, staying informed about the evolving rules surrounding partner visas is crucial. This article aims to guide you through the recent changes and provide you with the knowledge needed to successfully apply for a partner visa in today’s climate.
The Impact of Brexit on Immigration Policy
Brexit has led to significant changes in UK immigration policy, especially for EU nationals. Key changes include the end of free movement, the introduction of new regulations, and new status options under the EU Settlement Scheme.
End of Free Movement and New Regulations
With the end of free movement on 1 January 2021, EU nationals can no longer enter the UK without a visa for work or long-term residence. This marks a substantial shift in immigration policy.
Now, all migrants must apply under a points-based immigration system. Under this system, you accumulate points based on skills, job offers, and language abilities. The Home Office has set clear criteria for you to meet. The loss of free movement affects those wishing to join family members in the UK too.
Transition Period and the EU Settlement Scheme
During the Brexit transition period, from 1 January 2020 to 31 December 2020, many EU nationals were uncertain about their future in the UK. However, the EU Settlement Scheme offered a path to regularisation.
If you were living in the UK by 31 December 2020, you could apply for Settled Status after five years or Pre-Settled Status if you had lived there for less time. These statuses allow you to stay, work, and access services. The scheme has been critical for maintaining residents’ rights for many EU nationals.
Rights and Status of EU Nationals Post-Brexit
Post-Brexit, EU nationals in the UK face a new reality concerning their rights and immigration status. If you have secured Settled Status, you are considered a permanent resident. This comes with rights similar to British citizens.
In contrast, those with Pre-Settled Status will need to apply again after five years to secure permanent residence. Rights are also tied to your continuous residence in the UK. Missing time abroad may jeopardise your status.
All these changes affect how EU nationals view living and working in the UK. Understanding your status is essential for navigating life in a post-Brexit landscape.
Changes to Partner Visa Applications
Brexit has significantly changed the landscape for partner visa applications, especially for EU nationals. This section covers the updated eligibility criteria and application process, the challenges in family reunification, and the impact of new immigration rules on EU nationals.
Eligibility Criteria and Application Process
After Brexit, the eligibility criteria for partner visas have become stricter for EU nationals. You must now meet specific requirements to apply.
Key Points:
- Relationship Status: You need to prove that you’re in a genuine and subsisting relationship with a British citizen or settled person.
- Minimum Income Requirement: The minimum income threshold for sponsoring partners has increased to £29,000 per year. This can impact many applicants.
- Application Process: The application now involves a points-based system introduced in January 2021, which applies to all foreign nationals, including EU citizens.
You can submit your application online, providing necessary evidence of your relationship and financial status.
Family Reunification Post-Brexit
Reunification challenges have arisen since Brexit. EU nationals must navigate new rules to bring family members to the UK.
Key Points:
- Non-EU Family Members: If you are an EU national with non-EU family members, the rules are more complicated. They may not qualify for the same rights as before.
- Settled and Pre-Settled Status: You can apply for family reunion if you have Settled or Pre-Settled Status under the EU Settlement Scheme. However, the process can be lengthy and requires careful documentation.
- Applications for Children: Bringing children into the UK might also require specific evidence, such as proof of custody or parental responsibility.
In essence, navigating the family reunion process has become more cumbersome for EU nationals.
Impact of New Immigration Rules on EU Nationals
The new immigration rules have had a significant impact on EU nationals seeking partner visas.
Key Changes:
- Removal of Free Movement: Brexit ended the free movement policy, meaning EU nationals now face similar requirements as non-EU applicants.
- Skilled Worker Visa: You may find alternative pathways such as the Skilled Worker Visa. This route requires a job offer from a UK employer and meeting minimum salary requirements.
- Self-Employed Options: As a self-employed individual, you will also need to provide extensive evidence of your business activity and financial stability.
These changes affect both the number and diversity of applicants, making planning ahead essential if you wish to reunite with your partner in the UK.
Economic and Social Implications
The changes after Brexit have led to significant shifts in the UK’s economy and society. You will notice impacts in the labour market, migration patterns, and the rights of EU nationals living in the UK.
Effect on the UK Labour Market
The end of free movement from the EU has altered the labour market. Many sectors that relied heavily on EU labour, such as hospitality and agriculture, face shortages. These industries are finding it challenging to recruit workers.
According to the Office for National Statistics, the number of EU workers in the UK has decreased. As a result, employers are re-evaluating salary packages and job conditions to attract local workers. This situation can lead to higher wages in some sectors, but it also creates stress for businesses trying to adapt.
Net Migration and Population Changes
Net migration to the UK has shifted since Brexit. The number of EU nationals moving to the UK is now lower than before. This change is evident in major cities like London, where you might notice decreased diversity in some communities.
The decline in EU migration can affect housing and local services. Areas that once thrived on a mix of cultures may see slower growth. Vulnerable groups, such as those dependent on specific services, might face challenges as these demographic shifts unfold.
Rights of EU Nationals in the UK
The rights of EU nationals living in the UK have changed significantly after Brexit. The EU Settlement Scheme allowed many to secure their status, but not all have applied. Those who missed the deadline may find their rights limited.
New visa regulations mean that EU nationals must now meet specific criteria to live, work, or join their partners in the UK. This situation can create uncertainty and anxiety among these groups. It is essential to stay informed about changing rules that affect your status and rights in the UK.
Achieve Your Immigration Goals with Ease – Whether you need assistance with partner visas, global business visas, or sponsored licenses, Buckingham Legal Associates has the expertise to help. Call us today for reliable immigration advice and support from our dedicated team.