The UK Visa and Immigration System
Introduction
The UK visa and immigration system underwent fundamental reform following the end of free movement with the European Union. The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 ended free movement on 31 December 2020, and the UK introduced a new points-based immigration system that applies equally to EU and non-EU nationals. The system is administered by the Home Office through UK Visas and Immigration (UKVI), and is governed by the Immigration Rules, a body of rules and statements laid before Parliament under section 3(2) of the Immigration Act 1971.
The Points-Based System
The points-based system (PBS) is the framework for obtaining permission to enter or remain in the UK for work, study, and certain other purposes. Applicants must score a minimum number of points by satisfying specific criteria, including: having a job offer from a Home Office-approved sponsor; having a job at an appropriate skill level; meeting the English language requirement; and having sufficient funds to support themselves.
The Skilled Worker visa is the main route for employment, replacing the Tier 2 (General) visa. Applicants must have a job offer from a licensed sponsor at skill level RQF 3 or above (equivalent to A Level), must be paid at least the general salary threshold, and must meet the English language requirement. Points are awarded for salary, skills, and other attributes.
The Health and Care Worker visa provides accelerated entry for medical professionals, with reduced visa fees and exemption from the Immigration Health Surcharge. The Global Talent visa is for leaders and potential leaders in science, humanities, engineering, medicine, digital technology, and arts and culture, requiring endorsement from a designated competent body.
Family Visas
The Family Immigration Rules (Appendix FM to the Immigration Rules) govern the entry and stay of non-EEA family members of British citizens and settled persons. The rules cover: partners (spouses, civil partners, and unmarried partners); children; and dependent relatives.
The requirements for a partner visa include: the applicant and their partner must be aged 18 or over; the relationship must be genuine and subsisting; the applicant must meet the financial requirement (a minimum income of £29,000, as increased in 2024); the applicant must meet the English language requirement; and the applicant must have adequate accommodation.
The financial requirement has been the subject of significant litigation. In MM (Lebanon) v Secretary of State for the Home Department (2017), the Supreme Court held that the minimum income requirement was not incompatible with Article 8 of the European Convention, but that the Home Office must consider exceptions where the requirement would be disproportionate.
The EU Settlement Scheme
The EU Settlement Scheme (EUSS) enables EU, EEA, and Swiss citizens who were resident in the UK before the end of the Brexit transition period on 31 December 2020 to continue living in the UK. The scheme grants settled status (indefinite leave to remain) to those who have lived in the UK for a continuous period of five years, and pre-settled status (limited leave to remain) to those who have not yet completed five years’ residence.
The EUSS has been the subject of extensive litigation, including challenges to the requirement that applicants with pre-settled status must make a further application for settled status and to the treatment of frontier workers and other categories of EU citizens.
Student Visas
The Student visa route (formerly Tier 4) enables international students to study in the UK at approved educational institutions. Applicants must have a confirmed offer from a licensed student sponsor, must demonstrate sufficient funds to cover tuition fees and living costs, and must meet the English language requirement.
The Graduate visa enables international students who have completed a degree in the UK to remain for two years (three years for PhD graduates) to work or look for work.
Indefinite Leave to Remain
Indefinite leave to remain (ILR) — also known as settlement — entitles the holder to live and work in the UK without time restrictions. ILR may be granted after a qualifying period of continuous residence (typically five years for work and family routes), subject to meeting the residency requirement, passing the Life in the UK test, and meeting the English language requirement.
ILR may be lost if the holder leaves the UK for more than two consecutive years. ILR holders are eligible to apply for British citizenship after 12 months.
Immigration Enforcement
Immigration enforcement is carried out by Immigration Enforcement (part of the Home Office) and the Border Force. Enforcement powers include: the power to detain individuals pending examination or removal; the power to enter and search premises; and the power to arrest for immigration offences.
The Immigration Act 2016 introduced new offences, including illegal working and driving while unlawfully in the UK, and imposed new duties on employers, landlords, and banks to check immigration status.
Conclusion
The UK visa and immigration system has been fundamentally restructured following the end of EU free movement. The points-based system, the EU Settlement Scheme, and the family immigration rules provide the framework for lawful entry and stay, while enforcement powers seek to deter and penalise unlawful immigration. The system continues to evolve in response to policy priorities and legal challenges.