EU-UK REGISTRATION CERTIFICATE BEFORE BREXIT
Brexit – Last Chance
The completion of Brexit is imminent, with the end of the Brexit Transition Period just over two months away, on 31 December 2020. Regardless of the current uncertainty surrounding the possibility of a “no-deal” scenario, the implications for individuals looking to relocate to the UK will be great.
Given this looming deadline, and the impact of Covid-19, we recommend that clients wishing to relocate act now.

1. Immigration

Until 31 December 2020, EU, EEA and Swiss nationals will continue to be free to live and work anywhere in the EU (including the UK) without the need to obtain a visa or other permission. However, from 1 January 2021, the UK Government intends to implement a new Points Based System (“PBS”), which will treat both EU and non-EU migrants the same. As a result, EU, EEA and Swiss nationals (and their family members) arriving in the UK on or after 1 January 2021, with the intention of living and working in the UK, will need to obtain a work visa under the PBS. Further, the new system will require individuals coming to work in the UK to satisfy certain requirements in order to obtain points, with visas being provided to individuals who obtain a sufficient number of points. The Government aims to create a system where “it is workers’ skills that matter, not which country they come from”. As a result, an individual’s skill level will be one of the key criteria assessed under the new system. Further guidance from the Home Office on the new PBS is due to be released soon.

The new PBS should not apply to EU, EEA and Swiss nationals who are in the UK on or before 31 December 2020. These individuals will be able to continue working in the UK provided they apply under the EU Settlement Scheme for pre-settled or settled status by 30 June 2021. We recommend that any EU, EEA and Swiss individuals, who have not applied already under the EU Settlement Scheme, apply as soon as possible. Pursuant to the EU Settlement Scheme, EU, EEA and Swiss nationals (and their families) can live in the UK for up to five years with pre-settled status, following which they are able to apply for settled status. This scheme currently operates as an alternative route for EU, EEA and Swiss nationals to relocate to the UK without having to comply with the visa/immigration requirements applicable to non-EU nationals.

There are a number of options available for immigration to the UK. Typically, non-EU and non-EEA or Swiss high net worth nationals will apply for a Tier 1 (Investor) visa, should they wish to reside in the UK, provided they satisfy certain requirements, including having the funds available to invest at least £2 million in the UK. The Tier 1 (Investor) visa allows temporary residency in the UK for the investor and their family for three years and four months, with the possibility of extending the visa for a further two years. After two, three or five years of remaining in the UK, the Tier 1 (Investor) visa provides the possibility of applying to settle or obtaining “indefinite leave to remain” in the UK provided an investment (of either £10 million, £5 million or £2 million respectively) is made. The position regarding the Tier 1 (Investor) visa should remain unchanged following the end of the Brexit Transition Period save that EU, EEA and Swiss nationals will now be able to take advantage of this option. There may be benefits to applying sooner rather than later as the UK Government previously announced a suspension of the Tier 1 (Investor) visa in December 2018. While this suspension was almost immediately revoked, the Home Office stated at the time that it remained committed to reforming this route.

There is also scope to apply for British citizenship under the various immigration options referred to above. Should an individual remain in the UK for 12 months after obtaining indefinite leave to remain in the UK (for example, through the Tier 1 (Investor) visa route) or after obtaining settled status (through the EU Settlement Scheme) they may be eligible to apply for British citizenship. Further, the UK Government has recently announced that it will create a visa for British National (Overseas) citizens (“BNOs”), allowing an additional route for some Hong Kong residents to work and study in the UK. After five years of residence in the UK, BNOs may be eligible to apply for settled status and, after a further 12 months, British citizenship (similar to the current route available to EU, EEA and Swiss nationals through the EU Settlement Scheme).

Please feel free to reach out to any of the contacts stated below should you require advice regarding UK immigration and the more detailed requirements.
Join us +351 91 91 33 00 1
+351 91 91 33 00 2
+351 91 91 33 00 3
+351 91 91 33 00 4
+351 91 91 33 00 7
+351 91 91 33 00 9

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