How Brexit Has Changed UK Border Laws and Immigration Enforcement

Brexit

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.

Understanding the Difference Between Border Control, Immigration, and Customs

Immigration

Border control, immigration, and customs are all critical functions to properly manage a country’s borders. While they may seem similar, each function serves a distinct purpose in regulating the movement of people and goods across international borders. This article will explore the differences between border control, immigration, and customs.

Border Control

Border control is the function of a country’s government responsible for managing and controlling the movement of people across its borders. It encompasses a range of activities, such as monitoring ports of entry and exit, checking travel documents, and enforcing immigration laws. Border control aims to ensure that only authorised individuals are allowed to enter or exit the country and to prevent illegal immigration, smuggling, and other illegal activities.

In the United Kingdom, border control is managed by the Home Office, which operates the UK Border Agency (UKBA). The UKBA manages the UK’s borders and enforces immigration laws. UK border control officers are stationed at ports of entry, such as airports and seaports, to check the travel documents of individuals entering or leaving the country.

Immigration

Immigration refers to people moving from one country to another to live, work, or study. Immigration is regulated by the government of the country being entered and can involve various visa and permit requirements. In the UK, the Home Office is responsible for managing immigration policy and enforcing immigration laws.

To enter the UK, individuals typically need a visa or entry clearance. The type of visa required depends on the individual’s reason for travel, such as work, study, or family reasons. Immigration officers at ports of entry are responsible for checking the travel documents of individuals and ensuring that they meet the requirements for entry to the UK.

Customs

Customs refers to the agency responsible for overseeing the movement of goods across borders. Customs officers are responsible for enforcing import and export regulations, collecting duties and taxes, and preventing the smuggling of illegal goods. The HM Revenue and Customs (HMRC) is responsible for customs duties and tax collection in the UK.

Customs officers are stationed at ports of entry to check the documentation of goods being imported or exported. They may physically inspect goods to ensure they meet the relevant regulations and standards. Customs officers have the authority to seize goods deemed illegal or harmful to the public.

Finals Thoughts

Border control, immigration, and customs are different functions related to the movement of people and goods across borders. Border control is the overall function of managing borders, immigration is the process of people moving from one country to another, and customs is the agency responsible for regulating the movement of goods across borders. While these functions may overlap in certain areas, they serve distinct purposes in ensuring a country’s borders’ security and proper functioning.

It is important to understand the differences between these functions, particularly if they are traveling internationally or involved in international business. By understanding the roles of border control, immigration, and customs, individuals can ensure that they are properly prepared and in compliance with relevant regulations when crossing international borders.