The white paper of the UK Government on post-Brexit immigration system (and its impact on student visas).

30 December 2018
By Stephanie Heijdra
The UK government white paper on post-Brexit immigration system, was published on the 19th of December 2018. This provided proposals on how the UK immigration system intends to function following the UK's exit from the EU. Although these are only proposals, however, the paper proposes significant changes to all aspects of immigration, which includes various proposals affecting, students who wish to transfer into work-related route, work related routes and other areas. Indeed, paragraph 15.4, of the paper states, "We [...] intend to launch an extensive 12-month programme of engagement with sectors across the UK. This will include discussions with private, public and voluntary sector employers, as well as industry representatives".
The summary of the UK's future skilled-based immigration system is outlined below:
" Leaving the EU will end free movement and ensure full control of the border. A new single immigration system has been designed based on skills and talent.
The new system includes:
- a skilled workers route open to all nationalities
- lowering of the skills threshold on the skilled workers route to include medium-skilled workers
- no cap on numbers on the skilled workers route, meaning that business will be able to hire any suitable qualified migrant
- the abolition of the resident labour market test
- a new time limited route for temporary short-term workers of all skill levels, including seasonal low-skilled workers
- an extension to the post-study period for international students".
(Accessed at https://www.gov.uk/government/publications/the-uks-future-skills-based-immigration-system?utm_source... )
For immigration rules on the proposals that relate to students, the following were outlined:
- The proposal includes a single system for international students who come to the UK to study, which is the current immigration system for non-EEA nationals. The paper states:
"We do not propose to lower standards in the study route, which is working well after the reforms which stopped the unacceptably high levels of immigration abuse encountered a decade ago by non-genuine students. Individuals must demonstrate that they are genuine student, meet English language and maintenance requirements and have a proven academic track record.
"We will maintain rules that to undertake further study a student must demonstrate academic progress. It must be a route to allow access to our world leading institutions, nor a back-door route to work or settlement".
- The EEA nationals who are on Erasmus or similar programmes will be able to study in the UK without requiring ‘to go through the full student visa’.
- The paper states that EEA students who were coming for short-term study will be required to come through the short-term student route (and be treated as non-visa nationals for these purposes). On the other hand, those who wish to enter under 12 months and for more than six months, for an English language course will require a visa, that is, every such students will need entry clearance (as it is currently). At present, the English language course must be for a maximum of 11 months. In the future, once it is introduced, an Electronic Travel Authorisation will be required by non-visa national short-term students to enter the UK.
- Every students who is studying at postgraduate level or undergraduate level at an institution with degree-awarding powers will obtain six months leave at the end of their study in which to ‘acquire work experience or look for a skilled job in the UK’. For students who gain a PhD, they will obtain an additional 12 months. Students who are studying at bachelor’s level or above will be eligible to apply to switch into the skilled workers route, from outside the UK for two years after their graduation and up to three months before the end of their course in the UK.
No discussion as to entitlement to student finance and home student fees status for those outside the implementation the scope of the Withdrawal Agreement after the implementation period, were outlined in the paper. This was considered to be a matter for Parliament, the Devolved Administrations, and UK Government, which were to be considered in due course.
Written by Stephanie Heijdra who is an Immigration Lawyer, currently practicing at Winvolved Consultancy Ltd. For your student visas, EEA Residence permit, Family visas, work visas, Tier 2 Visa, and other type of visas and immigration matters, please contact us at www.winvolved.co.uk
#BREXIT #UKImmigration #ImmigrationUK





