Brexit has reshaped the United Kingdom’s approach to border laws and immigration enforcement, bringing significant legal and procedural changes. These shifts affect EU and non-EU citizens, businesses, and institutions that rely on overseas talent.
End of Free Movement
One of the most immediate changes has been the end of free movement for EU citizens. Before Brexit, nationals from EU member states could live and work in the UK without restrictions. Since January 1, 2021, they must comply with the same visa requirements as those from non-EU countries, except for Irish citizens, who retain their rights under the Common Travel Area agreement.
For EU nationals already in the UK before Brexit took effect, the EU Settlement Scheme offered a route to remain. Those who successfully applied can continue living and working in the UK, but new applicants must meet visa requirements under the points-based immigration system.
Points-Based Immigration System
Introducing a points-based system has changed how work and residency applications are assessed. Under this system, applicants must meet specific criteria based on their skills, job offers, salary levels, and English proficiency. The minimum salary threshold for skilled workers is around £25,600, though some exceptions exist for roles on the shortage occupation list.
This approach prioritises highly skilled professionals, particularly in industries facing labour shortages. However, it has also raised concerns for sectors previously relying on lower-wage EU workers, such as hospitality and social care.
Strengthened Border Control
Border control has seen increased scrutiny, with UK authorities enhancing security checks and implementing stricter entry requirements. The UK Border Force has expanded its workforce to handle the additional checks on goods and passengers. Businesses importing or exporting goods between the UK and the EU must comply with new customs declarations and rules of origin requirements. These changes have led to port delays and increased compliance costs for businesses adjusting to post-Brexit trade regulations.
Immigration Enforcement and Compliance
Immigration enforcement has become a key focus, with the government introducing measures to prevent illegal entry and overstaying. Employers must conduct more thorough right-to-work checks, and landlords are required to verify the immigration status of their tenants.
The UK has also expanded deportation powers, making removing individuals who violate visa conditions easier. New agreements have been implemented to facilitate deportations, though the loss of certain EU agreements has created challenges in returning individuals to EU countries.
Changes to Asylum Policies
Brexit has also affected asylum procedures. The UK has stepped away from former EU agreements like the Dublin Regulation, which previously handled where asylum applications should be processed within Europe. Instead, the government has introduced national policies aimed at processing applications independently. This shift has led to increased pressure on the UK asylum system, with concerns over case backlogs and housing provisions for asylum seekers.
Legal and Policy Shifts
Brexit has allowed the UK to set its laws without EU oversight. The Brexit Freedoms Bill aims to ensure domestic control over immigration policies. However, the loss of EU cooperation mechanisms has presented new challenges, particularly in managing third-country immigration.
Economically, businesses reliant on migrant workers, such as hospitality and healthcare, have faced labour shortages. While the government has introduced targeted visa schemes, the overall impact on workforce availability remains a concern.
Conclusion
Brexit has fundamentally altered the UK’s immigration enforcement and border policies, replacing free movement with a controlled, points-based system. While this change gives the UK greater authority over migration, it has also increased bureaucracy and stricter enforcement. As policies evolve, the UK must balance security, economic needs, and migrant rights.
