Arriving in the UK in 2021 under the new immigration rules

If you travel to the UK from January 2021, either temporarily or permanently, you will need to understand how the UK domestic immigration laws apply to you. As an EU citizen, free movement no longer applies and so you will need to apply for a UK immigration status.

Immigration Statuses for EU citizens who are not eligible for Pre-Settled or Settled Status

You will need to apply for a UK immigration status under the "points based immigration system" if you are an EU Citizen (EEA and Swiss citizens) and you are travelling to the UK for the first time from 01 January 2021 or you have broken your continuous residence in the UK and are no longer eligible to apply for an immigration status under the EU Settlement Scheme. If you are a EU citizens and have commenced a period of residence in the UK prior to 31 December 2020 and maintained that continuous residence you are eligible for settled status or pre-settled status, please apply to the EU Settlement Scheme instead. See here for further information. Eligible family members of EU citizens who have status under the EU Settlement Scheme can apply to join them in the UK at any time in the future and do not need to apply for a visa under the points based immigration system.
What are the different types of Immigration Status?
To find basic information about the different options available to you as an EU citizen after January 2021, visit the Visa and Immigration section of the gov.uk website. The website is also the portal to making applications, because most applications can be made online from anywhere in the world. The most commonly used options are:

Frontier Worker Permit: if you live in another country and you want to continue accessing your UK based employment or self-employment

Visitors: if you wish to enter the UK for a temporary basis or to undertake short-term permitted activities

Students: if you want to undertake long-term study

Graduate route: for students transitioning in the UK to employment

Skilled Workers: if you want to take up long-term employment in the UK

Intra-company transfers: for businesses to transfer workers between locations

T5 Temporary Work: if you want to take up short-term employment
What are the fees for applying for an immigration status?

Each type of immigration status has different fees, which you will need to pay online when you make your application. These fees can change so check before applying. Normally, the shorter your stay in the UK the cheaper the fee. The most expensive fee are charged when you are applying for permanent residence or British citizenship.
You may also be required to pay an Immigration Health Surcharge if you are applying for a route that permits medium to long-term residence. This charge is to cover some NHS healthcare costs, and you will need to pay this even if you do not use the service, or if you already contribute through National Insurance contributions. If your application is refused you will be refunded your Immigration Health Surcharge, but not your application fee.
Depending on your nationality, you may also be required to record your biometric details or complete the application process at a visa centre, where this is necessary you will be invited to book an appointment online after you have submitted and paid for your application. There may be fees for booking your visa centre appointment or for recording your biometric details.
How do I apply for an immigration status?

The gov.uk website contains online application forms and supporting information for your application. However, the website does not cover all of the requirements that need to be met so completing the online application form is no guarantee that you’ve done everything you need to do to have a successful application. You will need understand the requirements as they are set out in the Immigration Rules and the Home Office Policy Guidance documents which can be complex and so you may need to help of a lawyer.
If you are successful in applying for an immigration status, you will be granted Entry Clearance (permission to enter or leave to enter), which allows you to lawfully enter the UK. This permission can be granted to you at the border, or you may need to apply from outside the UK before you arrive. Once you’ve entered the UK you must ensure that you comply with the conditions of your entry visa. Before your visa expires you must either leave, apply for an extension, or switch into another status, if that’s permitted.
Can I extend or switch my immigration status?

Depending on the immigration status you hold, you may be able to extend it from within the UK and, if successful, you can stay longer here. For example, if you arrived in the UK as a Skilled Worker you can apply to the UK to stay longer. But not all immigration statuses can be extended. For example, a Standard Visitor generally cannot extend their stay in the UK and will be required to leave the UK before it expires. It is very important that you understand the limitations attached to your immigration status so that you are able to properly prepare for and understand the options available to you well in advance of your immigration status expiring.
If you already hold an immigration status in the UK, you may be allowed to apply for a different type of status while inside the UK. This is called ‘switching’. If switching is not permitted, you will need to leave the UK to apply for a new status. Once the new status is granted, you can return to the UK using that new status. For example, you cannot switch into a Skilled Worker status if you are present in the UK as a General Visitor. You will need to return to your country of residence, apply for the Skilled Worker status and, if it is accepted, return back to the UK to take up your job opportunity.
How can I acquire settlement in the UK?

Some immigration routes allow you to acquire indefinite leave to remain in the UK, which means you can reside permanently and be free from immigration control. Generally, most immigration routes require you to have had permission to be in the UK for five years before you are eligible to apply for settlement. Not all immigration routes allow you to achieve settlement status, for example, Frontier Worker permits do not lead to settlement no matter how many years you have worked in the UK. If you are working towards acquiring settlement, it is important that you understand the requirements you will need to meet on the route to it, so that when you are ready to apply for it you can make a successful settlement application.
What is the eligibility requirements for an immigration status?

Eligibility requirements are rules you need to meet for most immigration routes in order to be successfully granted that immigration status. Within each immigration route there are different eligibility requirements for entry clearance, extension and settlement applications. Understanding the eligibility requirements, demonstrating how you meet those eligibility requirements, often with evidence, will be your path to making a successful application.
What does suitability and ‘good character’ mean?

Most immigration routes require a person to be of good character. If you have a history criminal offending or past breaches of immigration laws in any country, not just the UK, the application may be refused for these reasons. In this situation you might benefit from speaking to a lawyer before you make your application, particularly if you have been removed or deported from the UK. Whilst you can make multiple applications, the process becomes much harder every time you are refused an application. It’s often better, and cheaper, to make one good quality application with the help of a lawyer than asking a lawyer to help you after you have tried and failed multiple times.
What are immigration conditions?

Once you have been granted an immigration status, you will need to comply with immigration conditions. The conditions tell you what you can and cannot do in the UK while holding that particular status. Before applying for an immigration status, it is very important to understand the conditions of each type of immigration status, not just so you can choose the right one for you, but also so that you do not breach the conditions of the status by doing something that you were not permitted to do. There are serious consequences for breaching conditions including jeopardising the status itself and be requested to leave the UK. A history of breaching conditions, whether by accident or otherwise, will also be taken into consideration in future applications and may impact the chances of being granted future immigration statuses.
Will I need to contact a lawyer for immigration advice?

The UK immigration system is very complex. You will probably need to speak to a lawyer to check your eligibility for an immigration status. If you need the help of a lawyer, you must make sure that the lawyer is regulated to give immigration advice. This means, generally, that the lawyer is a practicing solicitor, barrister, or a caseworker regulated by the Office of the Immigration Commissioner. If you are unsure, please check their name against the relevant regulator’s website before paying any money to them for assistance. For the types of applications listed in this page, you will be expected to pay for legal advice if you need it.
More Information on Immigration Status types
Frontier Worker Permits

Visitors

Students

Graduate Route

Skilled workers

Intra-Company Transfers

T5 Temporary Work
Where can I find further information?
Applying for Visas

UK Government immigration system application guidance

UK Government introduction to the points-based immigration system

Overview of the system: https://www.gov.uk/apply-to-come-to-the-uk

Check if you need a UK visa: https://www.gov.uk/check-uk-visa

UK Visa Fees: https://www.gov.uk/government/publications/visa-regulations-revised-table

Immigration Health Surcharge calculator: https://www.immigration-health-surcharge.service.gov.uk/checker/type

Immigration Rules: https://www.gov.uk/guidance/immigration-rules

Browse visas and immigration options: https://www.gov.uk/browse/visas-immigration

Frontier Workers

Overview: https://www.gov.uk/frontier-worker-permit

Frontier worker permit scheme guidance: https://www.gov.uk/government/publications/frontier-worker-permit-scheme-caseworker-guidance

Visitors

UK Government information for EU visitors

Overview: https://www.gov.uk/standard-visitor-visa

Permitted Activities for Standard Visitors: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-visitor-permitted-activities

Visitor caseworker guidance: https://www.gov.uk/government/publications/visit-guidance

Student Visas

UK Government information for EU students

Overview: https://www.gov.uk/student-visa

Register of licensed sponsors for students: https://www.gov.uk/government/publications/register-of-licensed-sponsors-students

Student Visa caseworker guidance: https://www.gov.uk/government/publications/points-based-system-student-route

Immigration Health Surcharge refunds: https://www.gov.uk/healthcare-immigration-application/refunds

Skilled Worker Visa

UK Government information for EU workers

Overview: https://www.gov.uk/skilled-worker-visa

Register of licensed sponsors for employers: https://www.gov.uk/government/publications/register-of-licensed-sponsors-workers

Skilled Worker caseworker guidance: https://www.gov.uk/government/publications/skilled-worker-visa-caseworker-guidance

T5 Temporary Worker Visa

Overview of the Creative and Sporting Visa: https://www.gov.uk/temporary-worker-creative-and-sporting-visa

Overview of the Charity Worker Visa: https://www.gov.uk/temporary-worker-charity-worker-visa

Overview of the Government Authorised Exchange visa: https://www.gov.uk/government-authorised-exchange

Government Authorised Exchange Schemes: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-n-authorised-exchange-schemes

Overview of the Religious Worker Visa: https://www.gov.uk/religious-worker-visa

Overview of the Seasonal Worker Visa: https://www.gov.uk/seasonal-worker-visa

Overview of the Youth Mobility Scheme Visa: https://www.gov.uk/youth-mobility

Overview of the International Agreement Worker Visa: https://www.gov.uk/international-agreement-worker-visa

Sponsor an International Agreement Worker guidance and list: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/952494/2021-01-01_Sponsor-an-International-Agreement-Worker-01-21_v1.1.pdf

Home Office Register of Worker and Temporary Worker licensed sponsors: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953140/2021-01-18_Tier_2_5_Register_of_Sponsors.pdf

Arriving in the UK in 2021 under the new immigration rules

Immigration Statuses for EU citizens who are not eligible for Pre-Settled or Settled Status

What are the different types of Immigration Status?

What are the fees for applying for an immigration status?

How do I apply for an immigration status?

Can I extend or switch my immigration status?

How can I acquire settlement in the UK?

What is the eligibility requirements for an immigration status?

What does suitability and ‘good character’ mean?

What are immigration conditions?

Will I need to contact a lawyer for immigration advice?

More Information on Immigration Status types

Where can I find further information?

Applying for Visas

Frontier Workers

Visitors

Student Visas

Skilled Worker Visa

T5 Temporary Worker Visa