Brexit:
What does it mean
for UK immigration?

30 June 2016

The United Kingdom has voted to leave the European Union (EU). This is a significant decision and there will be many questions asked in the coming months about what the future holds for the UK and its citizens, especially surrounding UK immigration.

Will there be any immediate change?

No. Due to EU regulation (Article 50 of the Lisbon Treaty), the UK has up to two years to negotiate its exit from the EU from the point of notification, and so we can expect to remain a member of the EU for the immediate future.

What changes could EEA nationals in the UK expect in the near future?

Following a formal notice to exit from the EU, it is likely that changes will be made to the UK’s immigration policy which could significantly impact EEA nationals and their families in the UK, along with the UK’s immigration landscape as a whole.

Until formal negotiations get underway, however, it is unwise to speculate as to what shape such policy change would take. It may be that EEA nationals will be incorporated into the current Points-based System which evaluates a visa applicant’s professional skill and English language level, or that the as yet unused Tier 3 visa route will finally be launched with a view to controlling ‘low-skilled’ migration to the UK from both inside and outside the EU.

Equally, it is important to note that that free movement could in fact be maintained as part of EU trade negotiations.

UK employers – think ahead!

We strongly advise UK employers and individuals to think ahead. The UK’s decision to leave the EU will affect many, if not all of us, not least UK employers and their EEA employees.

Until further clarification is given, UK businesses should be advised to take stock of those EEA employees who might be affected should freedom of movement be curtailed in any way, and to keep them updated on developments as they occur. It is important to remember that EEA staff members will not be the only ones facing change, but their families and dependants may also be affected.

Smith Stone Walters will continue to act as a trusted adviser to its clients throughout these uncertain times, liaising closely with the Home Office department of UK Visas & Immigration to seek answers to questions as they arise.

Please contact us to seek the best course of action according to your individual situation, or with any concerns over your organisation’s employee base.

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