Immigration from EU to UK England after Brexit – Work and Family paths – Who can do it and how?

It seems that some people still don’t understand that the UK has left the EU and that you cannot enter England after Brexit without having to answer to border officials regarding the purpose of your visit. So let’s see what are the legal ways to come to England after Brexit if you do not have a residence permit (aka Settled Status).

First of all, you can say goodbye to any thought of visiting England and looking for work during your visit. Many were refused entrance in to the country at the airport on a PERMANENT basis if the customs officers even sniffed that you came to work and not just to visit. The British authorities started asking EU nationals for a return ticket, proof of accommodation during the visit and proof that you have enough money to sustain yourself for the duration of your stay. If you’re lucky enough, nobody will ask you anything at the airport, but are you really willing to take that chance and risk flying for nothing?

In addition, all (legal) British employers and all employment agencies are now required by law to request from candidates the so-called “share code” which is an internet link generated by the UK government’s website to the page proving that you are resident in England UK. It doesn’t matter if you have Settled or (Pre) Settled Status, they both give you the right to work and live in England. I explained in the last article how to apply for Settled Status. The deadline to apply for residency was June 30, 2021 (there are very few exceptions in exceptional cases for those who live in England before 2021 or have family here but did not have time to apply before June 2021, the list of exemptions is here). But let’s say you still want to come to England and you don’t have a NINO, residency or any work history or studies in the UK. Let’s see what options you have:

  1. Points-based immigration: It is the standard procedure for obtaining a British visa for everyone now. I explained in detail HERE what it means and how it works, but in short I can tell you that the candidate must get at least 70 points to be admitted to England. The score is calculated based on your academic qualifications, a compulsory English language test, and a job offer with a contract of at least 20,480 pounds per year is required, signed before coming to England. For a doctor, a nurse, an experienced lorry driver or an IT specialist it will probably not be difficult to meet these conditions. But for an unskilled worker, it is almost impossible…

But don’t lose hope, the English are not really rushing to get all those low end jobs and someone still has to fill those crucial positions. So the employment agencies mentioned earlier are already ahead and have found legal loopholes to bring people in. One of them is to call in Eastern Europeans on fixed-term contracts. These contracts are not subject to points and are used mainly in the fields of agriculture and elderly care. The good part about this procedure is that any EU immigrant who comes to work for three, six or twelve months in England obtains the NINO social insurance number, and gets some work experience in England UK, which will help him in the future to apply for permanent residence. The downside is that he cannot stay in England a moment more after his contract expires, and he must leave the country once the work has ended. BE VERY CAREFUL! DO NOT TRY TO OVERSTAY YOUR VISA IN ENGLAND. It could result in deportation and permanent entry refusal in to England UK.

UK London
  1. Immigration based on Family Permit to join your family in UK: If you have a first degree family member who is already a legal resident in England UK, you can join him in England after Brexit. But this doesn’t mean that you can bring your whole family to England. Only certain close family members and only under certain conditions can this be done! I will mention from the beginning that any visa application must be made from your country of origin before arriving in England. If it is made from here it will be rejected! Let’s see who and under what conditions can apply (full list in English here):
  • Children under 21: if you live in England and have a residence permit, you can bring your child or even your grandchild from the EU if you can prove that he is a direct relative. Usually the multilingual Birth Certificate is enough for this. In the case of grandchildren, proof of him being a direct descendant must be provided and also proof that the grandchild is dependent on the grandfather who lives in England is compulsory. If the child is born in 2021, you can apply for Settled Status residency directly from the EU exit app.
  • Children over 21 years of age: Children over 21 years of age can come to England for to be reunited with parents or grandparents who already live here if they can prove the degree of kinship and only if they are dependent on them before January 1st, 2021. Dependency is defined if the child can not support himself without financial aid from his father or grandfather in England. This can be proved, for example, by a history of money transactions, e.g. paper trail of money sent from the parent in UK to the child in the EU from 2020 or before. If he works in the EU, and he is not financially dependent of aid received from England to pay for his accommodation, studies or medical treatment, he will not qualify for this family reunification residence permit and will only be able to visit his parents in England for a maximum of 6 months a year, 90 days at a time.
  • Wife, husband or civil partnership: if one of the partners lives in England with Settled Status residence, he can invite his partner from the European Union based on the marriage certificate, or if he can prove that they had a relationship of at least 2 years prior to the year 2021. For example if they can prove that they lived together in Romania for at least 2 years before one of them left for England, or if they have a child born in Romania and they still have a stable relationship after moving, he/she can come to England. Proof of living together can be for examples bills with both names on the address, utility contract with both names or a lease contract with both names. Proof that you are still together can be considered any trip together or proof of sending money between partners or the fact that partner living in England is still paying rent / mortgage/ utilities in Romania.
  • Parents and Grandparents: If you live in England you can bring your parents or grandparents here if you can prove the direct degree of kinship and if you can prove that they are dependent on you. To prove the elder family member’s dependence on his children, they can show for example a paper trail of financial transactions such as receiving money from England for their daily needs or medical treatment, or a letter from the doctor stating that the elderly need permanent care due to their degraded physical condition.
  • *** Brothers, Sisters, Cousins ​​or other family members – Unfortunately they DO NOT QUALIFY for the family reunification permit. Only in exceptional situations could they apply for a residence visa if they can prove that they have a disability or other illness that requires permanent care from a brother or sister in England. The visa application is quite expensive and it’s not guaranteed. It is also only a residence visa, it does not offer the right to work in England UK. I recommend talking to a lawyer or immigration specialist for these special cases.
Leeds, England UK

3. Immigration based on a Study Visa: After Brexit You can still come as a student to the UK. Anyone who can prove that he is enrolled at a university here, can obtain either a short study visa of maximum 11 months or a long term Student Visa valid for the whole period of studies. In order to obtain a long-term student visa, the University where you applied must sponsor you to obtain the visa. You also need proof that you can support yourself financially during your studies, and you need proof of an English language competency test with a satisfactory result. As I said in my other articles, university studies in England are not cheap at all! It costs an average of 9,200 pounds per year to attend a university in the UK.

Hull University

Once you have graduated from a university in England UK, you can obtain a Graduate Visa which entitles you to stay in England and look for work for two years after graduation. (only 30 days in case of short study visa). If you manage to secure a job you will be able to stay in England UK indefinitely. It should be mentioned that in these two years after graduation you are not entitled to benefits or social assistance!

What do you think? Is it worth it to come to England UK after Brexit, or is it more worth it to relocate to France or Germany? I am waiting for your opinions in the comments section or on the Fb GarciaCalavera.com page. You can also drop a like there to subscribe to future articles. Thank you.

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