Spouses, civil partners or unmarried partners of entrants under all of the categories reviewed in this article (except the visitor and some Temporary Worker and Student categories) must satisfy the following conditions to enter as dependents:

• Be married, have entered into a civil partnership or be the unmarried partner of the entrant
• Intend to live with each other during their stay
• Obtain entry clearance to enter as a dependent spouse, civil partner or unmarried partner (Dependent children under the age of 18 are also eligible.)

In addition, non-UK/Irish immigrants coming to the UK to join their spouses who are British citizens or who have been granted indefinite leave to remain (permanent residence) are required to pass an English language test and must also meet a financial requirement.

Anyone entering the UK in one of the employment-related categories or as a spouse, civil partner or unmarried partner, with some exceptions, will qualify, along with their dependents, to apply for permanent residence after completing five years of residence in the UK. Upon being granted permanent residence, they will be free to live and work in the UK without any restrictions.

British citizens, Commonwealth citizens with the right of abode in the UK and Irish citizens are not subject to immigration control and do not require permission to enter or remain in the UK. Their passports will not be stamped on entry, and they are free to return to the UK after however long they stay outside.

Nationals of EEA countries, i.e., Austria, Belgium, Bulgaria, Croatia, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden, plus nationals of Iceland, Liechtenstein and Norway, entering the UK after 1 January 2021 come under the UK Immigration Rules (i.e., the UK points-based system). During the transition period, EEA nationals who had entered the UK by then were able to apply for a document under the EU Settlement Scheme by the end of June 2021. Applications under this scheme are still being accepted exceptionally where good reasons for the delay are provided.

Aliens, Commonwealth citizens without the right of abode in the UK and UK passport holders who are not British citizens (i.e., British overseas citizens) are subject to immigration control and must obtain permission to enter or remain in the country. Their passports will normally be stamped to indicate how long they can remain and what conditions are attached to such permission.

Citizens of certain countries are termed "visa nationals" and require mandatory entry clearance before traveling to the UK for any purpose, even as visitors. Other nationals only require entry clearance if they want to travel to the UK for a particular purpose. Entry clearance is the process by which a person applies to a British diplomatic post in their country of residence for prior permission to enter the UK.

A foreign national who takes up employment in the UK without authorization is liable to removal and, under provisions introduced on 29 February 2008, could be barred from reentering the UK for a period of up to 10 years.

Right to work

Since January 1997, UK employers have faced sanctions (under the Asylum and Immigration Act 1996 ("1996 Act")) for employing people who did not have the right to work. The 1996 Act provided a defense for UK employers that made an offer of employment conditional upon the production of one of a list of specified documents. The list included an EEA passport or other passport containing an appropriate endorsement that evidenced the foreign national's right to work in the UK. Provided that such a document was produced and appeared to be genuine, the UK employer would be protected from prosecution if a copy of that document had been made and retained in the foreign national's personnel file.

The right to work requirements were replaced by sections 15 to 25 of the Immigration, Asylum and Nationality Act 2006. Under Section 15, an employer may be liable for a civil penalty of up to GBP 20,000 per illegal worker. These provisions also introduced a criminal penalty for knowingly employing an illegal worker, which includes an unlimited fine and/or imprisonment of up to five years.

There was a significant relaxation of the employment-related work routes from December 2020, and possibly as a result of these changes, UK net migration was unusually high in the succeeding years. The Office for National Statistics (ONS) estimated that net migration to the UK was 745,000 in 2022, up from 184,000 in 2019 before the pandemic (ONS, November 2023).

As a result, in 2023, the government announced its intention to rein back on the relaxed rules to curb net migration.

The following changes are expected from 4 April 2024:

• The earning threshold will be increased for overseas workers under the sponsor license routes from GBP 26,200 to GBP 38,700, with the aim of bringing salaries in line with the average full-time salary for these types of jobs.
• The existing shortage occupations list, under which sponsors can pay reduced fees, will be replaced with a new immigration salary list. This will retain a general threshold discount, although the details are not yet known, and the number of occupations on the list will be reviewed and reduced.
• The Migration Advisory Committee will review the Graduate visa route to try to ensure that steps are being taken to prevent abuse.
• The government will prevent overseas care workers from bringing their dependents to the UK. Care providers in England will now only be able to sponsor migrant workers if they are undertaking activities regulated by the Care Quality Commission.
• The government will also increase the minimum income required for British citizens and those settled in the UK who want their family members to join them.

The above followed an announcement last year to reduce the number of student visas being issued. This included removing the right for international students to bring dependents to the UK unless they are on specific courses and removing the ability for international students to switch into work routes before their studies are completed. These measures are in place for courses starting in January 2024. Large increases to UK Visas and Immigration fees continue to be introduced.

Electronic Travel Authorisation (ETA) scheme

ETAs are being introduced for visitors who do not need a visa for short stays in the UK, or who do not already have UK immigration status prior to traveling. 

The ETA scheme first opened to Qatari nationals in autumn 2023, and Qatari nationals now require an ETA to travel to the UK.

An ETA costs GBP 10 and permits multiple journeys. It is valid for two years or until the holder's passport expires — whichever is sooner.

From 1 February 2024, the scheme will be introduced for nationals of Bahrain, Kuwait, Oman, United Arab Emirates, Saudi Arabia and Jordan. 

In the future, the scheme will be implemented worldwide for visitors to the UK who do not currently need a visa for short stays, including European citizens.

Recent changes

In December 2020, the UK government introduced a new immigration system modeled on an Australian-style points-based system, where the points can be traded in limited circumstances.

This system has applied equally to EU and non-EU citizens since 1 January 2021.

The changes are in line with the earlier recommendations made by the Migration Advisory Committee in its report on the points-based system and salary thresholds, which was released on 28 January 2020.

Key points to note

Lower salary threshold

The salary threshold for the Skilled Workers category (setting the minimum salary that must be paid) was lowered from GBP 30,000 to GBP 25,600, although applicants still need to be paid the applicable salary threshold for their occupation if higher. As noted above, this is due to change again on 4 April 2024.

The requirement for new entrants is 30% lower than for experienced workers, but only the base salary will be used to determine whether the salary threshold has been met.

There are no regional salary thresholds or different arrangements for other parts of the UK.

Lower skills threshold

The skills threshold for the Skilled Workers category was reduced from Regulated Qualifications Framework (RQF) Level 6 or degree level to RQF Level 3 or "A" level, which should allow a substantial number of less-skilled roles to qualify.

The cap on the number of people coming from overseas under the Skilled Worker (Tier 2 General) route was suspended.

The Resident Labour Market Test (requiring the role to be advertised in two places for a 28-day period) was removed.

Revised points for skilled workers

EU and non-EU citizens who want to live and work in the UK need to gain 70 points to qualify for a visa.

Applicants need to have the following:

• A job offer from an approved sponsor (20 points)
• An offer for a role at the required skill level (20 points)
• The ability to speak English at the required level (10 points)

In addition to these key requirements, other points are awarded for a salary between GBP 23,040 to GBP 25,999 (10 points) or GBP 25,600 and above (20 points), a PhD in certain subjects (20 points) or a role in a shortage occupation (20 points).

The absolute minimum salary under the scheme is GBP 20,480 (substantially below the previous level of GBP 30,000) provided this is at or above the going rate for the role. At this level, however, no points would be awarded for their salary. To qualify, the applicant would need to have a job offer in a shortage occupation or a PhD role.

Applicants can trade characteristics, such as their job offer and qualifications, against a salary lower than the minimum salary or the going rate in their field. These are also due for review in 2024.

Highly skilled workers

The Global Talent route for the most highly skilled is available to EU nationals, allowing those with the required level of points to enter the UK without a job offer, provided they are endorsed or sponsored by a relevant and competent body.

The UK legally left the EU on 31 January 2020. However, EU citizens who were lawfully residing in the UK, or who started residing in the UK during the transition period (31 December 2020), were allowed to remain in the UK on a long-term basis and, after living here for five years, would qualify for settled status. The same rules applied to UK citizens living in the EU. The right to settled status is only lost if the individual leaves their country of residence for five years or more.

The UK government implemented these provisions through the EU Settlement Scheme. EU citizens can apply for settled status if they have been here for five years or longer. If they have been here for less than five years, they can apply for pre-settled status to take them up to the point when they can apply for settled status. All EU nationals in the UK (except Irish nationals) were told that they would have to apply for their status before the end of the transition period, even if they have existing documentation.

From September 2023, people with pre-settled status under the EU Settlement Scheme will have their status extended automatically by two years before it expires if they have not obtained settled status.

The process is automated by the Home Office and reflected in the person's digital status. They are notified of the extension directly. The idea is to ensure that no one loses their immigration status if they do not apply to switch from pre-settled to settled status.

The Home Office also intends to convert as many pre-settled status holders as possible to settled status automatically once they are eligible for it, without them needing to apply. In 2024, automated checks of pre-settled status will establish ongoing continuous residence in the UK.

Frontier workers

A frontier worker is someone from the EU who is employed or self-employed in the UK, but lives elsewhere. Anyone frontier working in the UK by 31 December 2020 was able to keep their status, but they needed to apply for a permit. Irish citizens frontier working in the UK did not need to apply for a permit (unless desired).