The Government Rejects A Points-Based Immigration System For The UK Post Brexit

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The Law Of... shaping the future of immigration

The government has rejected the proposition that the UK should implement a points-based system to control EU migration, and haven't confirmed whether the NHS will receive an extra £100million a week – 2 of the Leave campaign's key promises during the EU referendum.

The Law Of... shaping the future of immigration

Speaking at the G20 summit of world leaders in China, the prime minister acknowledged that one of the major concerns emerging from Brexit included the UK having greater control over net migration. Theresa May debated whether a points-based model would be appropriate for the UK and Downing Street later confirmed that a points-based system isn't an option.

Brexit Means Brexit

Ever since Mrs May stepped into the role of prime minister in July 2016, she has ruled out the possibility of another referendum and the government has insisted that the vote to leave the EU would be honoured.

The government has also suggested that the future of immigration to and from the UK would be an important part of the negotiations between the government and the EU once talks officially begin. At this point in time, certain EU nationals are able to live and work in the UK due to the EU's principle of free movement.

This is subject to change, depending on the outcome of Brexit discussions.

A Points-based Immigration System

The concept of a points-based immigration system – akin to that used by Australia – isn't alien to the UK. In 2008, the Labour government introduced a tiered system for migrants outside of the EU in order to exercise greater control over migration. One single process was introduced, which consolidated the pre-existing scheme that comprised 80 different types of visas.

Various types of migrants were included in this system, and were categorised as belonging to tiers 1 – 5; although, Tier 3 has never been implemented. The current tiers of the points-based system are as follows:

The current government has commented that this system is not robust enough, despite being, arguably, the area of immigration law with the strictest controls and the least flexibility.

The prime minister has indicated that, going forward, EU citizens might be able to keep their preferential rights to live and work in the UK.

Emma comments:

"Immigration was a highly contentious topic in the run up to the referendum. The government has to tread very carefully when it comes to reworking immigration policies and procedures post Brexit, to ensure that immigration is an effective tool to enable the UK economy to grow and to ensure that people’s rights are protected."

"Immigrating is a life-changing – and legally complicated – decision for an individual and their family to make. We're used to dealing with various types of applications, and have helped workers – whether they're Tier 2, temporary workers, or EEA nationals, for example – apply for and secure their visas."

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