Post-Brexit Immigration: How the UK System Changed
What you need to know
- •Freedom of movement between the EU and UK ended on 31 December 2020.
- •EU citizens now need visas to live and work in the UK, the same as non-EU nationals.
- •The points-based system requires 70 points for a Skilled Worker visa.
- •EU citizens already in the UK could apply for the EU Settlement Scheme.
- •Irish citizens retain the right to live and work in the UK under the Common Travel Area.
Since Brexit, EU citizens no longer have freedom of movement to the UK. A points-based immigration system treats all nationalities equally. The EU Settlement Scheme protected existing residents, but new arrivals must use the visa system. This guide covers the key changes and current rules.
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What Changed After Brexit
Before Brexit, EU citizens could move to the UK freely under EU freedom of movement rules. They could live, work, study, and access public services without a visa. This ended on 31 December 2020 when the UK's transition period concluded.
From 1 January 2021, the UK introduced a new points-based immigration system that applies to all nationalities equally. EU citizens who want to move to the UK for work must now apply for a visa, just like nationals of any other country.
This was the biggest change to UK immigration in decades. It created a single system where qualification, rather than nationality, determines who can come.
The Points-Based System
The Skilled Worker visa is the main route for people coming to the UK for employment. Under the points-based system, you need 70 points to qualify:
- Mandatory points: Job offer from a licensed sponsor (20 points), job at appropriate skill level (20 points), English language ability (10 points).
- Tradeable points: Salary at or above the threshold (up to 20 points), PhD qualification, or job on the Immigration Salary List.
Other visa routes include the Global Talent visa, Student visa, Graduate route, and family routes like the Spouse visa.
The EU Settlement Scheme
To protect EU citizens who were already living in the UK before Brexit, the government created the EU Settlement Scheme (EUSS). This allowed EU, EEA, and Swiss citizens to apply for:
- Settled status: Equivalent to Indefinite Leave to Remain. Granted to those with 5 years of continuous residence in the UK.
- Pre-settled status: Temporary leave for those with less than 5 years of residence. Can be converted to settled status after completing 5 years.
The original deadline to apply was 30 June 2021, though late applications are still accepted with reasonable grounds. In 2026, the scheme continues to process late applications and pre-settled to settled status conversions.
Impact on EU Nationals
For EU citizens who arrived after Brexit, the changes are significant:
- Employment: You must have a visa that permits work. Your employer must be a licensed sponsor for Skilled Worker visas.
- Healthcare: You must pay the Immigration Health Surcharge to access NHS services.
- Benefits: Access to benefits depends on your visa status. Most work visa holders have "no recourse to public funds" conditions.
- Studying: EU students now pay international tuition fees at UK universities.
For employers hiring EU nationals, the process now involves sponsorship and right-to-work checks, the same as for non-EU workers.
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The Irish Exception
Irish citizens are the exception. Under the Common Travel Area (CTA) agreement between the UK and Ireland, Irish nationals retain the right to live, work, and access services in the UK without a visa. This arrangement predates both EU membership and Brexit and is protected by separate bilateral agreements.
Irish citizens do not need to apply under the EU Settlement Scheme, though some chose to do so for added certainty.
Where We Are in 2026
Five years after the new system took effect, the post-Brexit immigration landscape has largely settled. Key developments include:
- The salary threshold for Skilled Worker visas has been adjusted multiple times since 2021.
- The Immigration White Paper proposed further changes to the system.
- The transition from BRP cards to eVisas is largely complete.
- EU Settlement Scheme holders are increasingly converting to settled status and applying for citizenship.
The system continues to evolve. The UK Visas and Immigration website is the official source for the latest rules.
Practical Implications
If you are an EU citizen planning to move to the UK in 2026, the practical steps are:
- Identify the right visa route for your situation (work, study, family, etc.).
- Ensure you meet the requirements, including salary thresholds and English language levels.
- If coming for work, your employer must hold a sponsor licence and issue a Certificate of Sponsorship.
- Pay the visa fee and Immigration Health Surcharge.
- Apply online through the GOV.UK application system.
Next Steps
Understanding the post-Brexit system is the first step. From here, explore the specific visa route that applies to your circumstances.
Related guides:
This guide is general information, not immigration advice. Immigration rules change frequently. For advice on your specific situation, consult an OISC-registered adviser or immigration solicitor. Always check GOV.UK for the latest rules.
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