Understanding Free Movement in the UK: Key Insights

Free movement refers to the ability of individuals to travel, live, and work across borders without significant restrictions.

In the United Kingdom, free movement has historically been associated with the rights granted to citizens of European Union (EU) member states, allowing them to move freely within the EU. However, following Brexit, the UK has undergone significant changes in its immigration policies, impacting the rights and opportunities available to EU citizens and British nationals alike.

This article explores the concept of free movement in the UK, examining its definition, the implications of Brexit, the rights afforded to individuals, and the current regulatory landscape. It’s a topic that remains relevant as discussions around immigration, residency rights, and labour shortages continue.

Section A: What is Free Movement?

Free movement is a principle that allows individuals to travel, live and work across borders with minimal restrictions. It’s grounded in the idea of promoting mobility and integration among citizens of participating countries.

In the context of the European Union (EU), free movement has been one of the cornerstones of its single market, fostering economic growth, cultural exchange, and social cohesion among member states.

1. EU Free Movement

Free movement encompasses several rights that allow citizens of EU member states to reside and work in any other member state without the need for visas or permits. The principle applies to employment and extends to various aspects of daily life, including access to education, healthcare, and social services. Specifically, the rights of free movement typically include:

a. The Right to Travel: Citizens can enter any EU country without a visa, enabling them to explore and visit freely.

b. The Right to Reside: EU citizens have the right to live in any member state for longer than three months, provided they are either employed, self-employed, studying or possess sufficient resources to support themselves.

c. The Right to Work: Citizens can seek employment in any member state without facing discrimination based on nationality.

d. Access to Services: Individuals are entitled to access public services and benefits in their host country, akin to local citizens.

These rights are designed to promote a unified approach to mobility and to facilitate opportunities for individuals and businesses through labour mobility and demographic diversity across Europe.

2. Historical Context within the EU
The concept of free movement was established with the creation of the European Economic Community (EEC) in 1957, which later evolved into the European Union.

The Treaty of Rome, signed by six founding countries, aimed to create a common market that would facilitate the free movement of goods, services, capital, and people. Over the decades, subsequent treaties, such as the Maastricht Treaty (1992) and the Lisbon Treaty (2007), further solidified and expanded these rights.

The Schengen Agreement, which came into effect in 1995, further enhanced free movement by abolishing border checks between participating countries, allowing for passport-free travel across most of Europe. While the UK opted out of the Schengen Zone, it still participated in the EU’s free movement framework until Brexit.

During its EU membership, the UK welcomed millions of EU citizens who contributed to the economy and cultural landscape. This integration brought various benefits, such as addressing labour shortages in key sectors like healthcare and agriculture. However, the rise of populist sentiment and concerns over immigration led to growing debates about the implications of free movement, ultimately culminating in the 2016 Brexit referendum.

The decision to leave the EU marked a significant shift in the UK’s approach to immigration and free movement, leading to the implementation of a new immigration system that reshaped the rights of EU citizens in the UK and vice versa.

Section B: EU Free Movement and Brexit

The decision of the United Kingdom to leave the European Union, commonly referred to as Brexit, has had profound implications for free movement rights.

Prior to Brexit, EU citizens enjoyed the ability to live and work in the UK without restrictions, while British citizens could similarly move freely across EU member states. However, with the end of the transition period on 31 December 2020, significant changes to free movement regulations came into effect, reshaping the landscape of immigration and residency for EU citizens in the UK and vice versa.

1. Changes in Free Movement Regulations Post-Brexit

Following Brexit, the UK implemented a new points-based immigration system that replaced the previous free movement regime. This system aims to control immigration more tightly while still attracting skilled workers from around the world, including the EU.

Key changes to free movement regulations include:

a. End of Automatic Rights

EU citizens no longer have the automatic right to live and work in the UK. Instead, they must meet specific criteria under the new immigration system, which includes a points-based assessment based on factors such as job offer, skill level, and English language proficiency.

b. Visa Requirements

EU nationals wishing to work in the UK are now required to apply for visas, similar to non-EU nationals. This change marks a significant shift from the previously seamless process, creating additional barriers for EU citizens seeking employment in the UK.

c. Settled Status Scheme

To accommodate EU citizens already residing in the UK before the end of the transition period, the UK government introduced the EU Settlement Scheme. Under this scheme, EU citizens and their family members could apply for settled or pre-settled status, allowing them to continue living and working in the UK. However, the deadline for applications was 30 June 2021, leading to concerns about individuals who may have missed this window.

d. New Immigration Routes

The points-based system includes various visa routes, such as the Skilled Worker visa, which allows employers to sponsor workers from the EU and beyond. However, these visas come with specific eligibility criteria that may exclude certain categories of workers, particularly in low-skilled jobs.

[Insert table 7: Key changes post-Brexit]

2. Impact on EU Citizens Living in the UK

The impact of these changes on EU citizens already living in the UK has been significant. Many individuals who had built their lives in the UK faced uncertainty regarding their residency status and future prospects. Key impacts include:

a. Residency Uncertainty

Prior to the introduction of the EU Settlement Scheme, there was widespread anxiety among EU citizens regarding their legal status post-Brexit. The scheme provided a pathway for many to secure their residency, but those who failed to apply or were unaware of the requirement faced the risk of becoming undocumented.

b. Employment Challenges

With the end of free movement, EU citizens encountered new barriers to employment. Many faced difficulties navigating the new visa application processes, which can be complex and time-consuming. Employers also expressed concern about the potential shortage of talent in industries that rely heavily on EU workers, such as healthcare, hospitality, and agriculture.

c. Emotional and Social Impacts

Beyond practical challenges, the changes to free movement regulations have had emotional and social repercussions for EU citizens in the UK. Many reported feelings of uncertainty, anxiety, and a sense of being unwelcome in a country where they had previously felt at home. The divisive nature of the Brexit debate has also strained community relations and fostered a climate of apprehension.

d. Potential Return Migration

Some EU citizens, faced with the new immigration landscape and uncertainties about their status, have chosen to return to their home countries. This return migration can have long-term implications for the UK economy, particularly in sectors where EU workers have played a critical role.

Section C: Rights Under Free Movement

The rights under free movement are foundational to the principle of mobility within the European Union. These rights were designed to facilitate the seamless integration of EU citizens across member states, allowing individuals to live, work, study, and access services without facing discrimination based on nationality.

1. Overview of Rights Granted to Individuals

Under the framework of free movement, EU citizens are granted several key rights, which have been enshrined in EU law and implemented by member states. These rights generally include:

a. The Right to Travel

EU citizens can travel freely within the EU without requiring visas, enabling them to explore and experience different cultures and regions across member states.

b. The Right to Reside

Citizens of the EU have the right to reside in any EU country for up to three months without any conditions, and beyond that period, they may remain provided they meet specific requirements, such as being employed, self-sufficient, or enrolled in educational programs.

c. The Right to Work

EU citizens can seek employment in any member state without requiring a work permit, and they cannot be discriminated against in terms of employment conditions based on their nationality.

d. Access to Services

EU citizens are entitled to access public services and benefits, including healthcare, social security, and education, on equal terms with local citizens.

2. Impact on Residence Rights

The right to reside under free movement allows EU citizens to live in any member state without the need for a visa. Initially, individuals can stay in another EU country for up to three months simply by presenting a valid identity card or passport.

For stays longer than three months, EU citizens must meet certain conditions to secure their right to reside. These conditions typically include:

a. Being employed or self-employed.

b. Being enrolled in an educational institution and having sufficient financial resources.

c. Being self-sufficient and having health insurance coverage.

Once these conditions are met, EU citizens can apply for residency, which grants them the right to stay for an extended period, often leading to permanent residency after five years of continuous residence.

3. Work Rights

The right to work is a cornerstone of free movement, allowing EU citizens to pursue employment opportunities across member states without facing barriers. Key aspects of work rights include:

a. Equal Treatment

EU workers are entitled to the same treatment as local workers in terms of pay, working conditions, and access to social and tax advantages. This equal treatment principle helps prevent discrimination based on nationality.

b. Freedom to Change Jobs

EU citizens have the right to change employers and seek new employment opportunities without restrictions, allowing for greater flexibility in the labour market.

c. Benefits

Workers from other EU countries may be entitled to claim benefits in the host country, including access to unemployment benefits, maternity leave, and retirement benefits, ensuring a safety net for individuals who may experience job loss or other challenges.

4. Education Rights

The right to education is also a significant component of free movement, allowing EU citizens to pursue their educational goals in any member state. Key elements include:

a. Access to Education

EU citizens have the right to enrol in educational institutions across the EU under the same conditions as local students. This access applies to primary, secondary, and higher education.

b. Recognition of Qualifications

The EU has established frameworks to facilitate the recognition of educational qualifications obtained in one member state for use in another. This recognition helps ensure that students can transition smoothly between educational systems and enhance their employability across the EU.

c. Erasmus+ Programme

The Erasmus+ programme promotes student mobility by providing opportunities for EU students to study abroad, fostering cross-cultural exchange and educational collaboration. This initiative has been instrumental in encouraging educational exchanges and building a sense of European identity among young people.

Section D: Post-Brexit UK Regulations and Policies

The landscape of free movement in the UK has undergone substantial transformation following Brexit, significantly altering the rights and regulations governing the movement of individuals between the UK and EU member states.

1. Current Laws on Free Movement in the UK

With the end of the Brexit transition period on 31 December 2020, the UK established a new points-based immigration system that replaced the previous free movement arrangements with the EU. The new framework is designed to manage immigration while prioritising skilled labour.

Key components of the current laws regarding free movement in the UK include:

a. Points-Based Immigration System

The UK’s points-based system requires individuals to meet specific criteria to obtain a visa. Applicants are assessed based on various factors, including job offer, skill level, salary, and proficiency in the English language. To qualify for a work visa, individuals must earn a minimum salary threshold, which varies by occupation.

b. End of Free Movement Rights

EU citizens no longer possess automatic rights to live and work in the UK. Instead, they must apply for a visa to enter and remain in the country. This shift represents a significant departure from the previously established norms that allowed EU nationals to move freely without facing immigration controls.

c. EU Settlement Scheme

To support EU citizens already residing in the UK before the transition period ended, the government implemented the EU Settlement Scheme. This scheme allowed EU citizens and their family members to apply for settled or pre-settled status, providing them with the right to remain in the UK. However, the application deadline was 30 June 2021, leaving many individuals concerned about their residency status if they missed the deadline.

d. Visas for EU Workers

The new immigration system includes specific visa categories for EU workers, such as the Skilled Worker visa, which requires employer sponsorship. Other visa routes, such as the Intra-company Transfer visa and the Global Talent visa, exist but come with different eligibility requirements. This system has led to increased administrative burdens for employers seeking to hire EU citizens.

e. Travel Restrictions and Requirements

While EU citizens can still visit the UK for tourism or short stays without a visa for up to six months, they are subject to standard border controls. This is a change from the previous regulations that allowed for easier travel between the UK and EU.

2. Future Implications for UK Immigration Policy

The current regulations and policies surrounding free movement in the UK signal a significant shift in how immigration is approached, with far-reaching implications for the future. Several potential outcomes and considerations are emerging:

a. Impact on Labour Markets

The new points-based system may lead to labour shortages in certain sectors, particularly those that traditionally relied on low-skilled EU labour, such as agriculture, hospitality, and construction. Industries may need to adapt to the new system by investing in training for domestic workers or seeking talent from outside the EU, which could further complicate the labour market.

[Insert table 8: Labour Market Impact of Ending Free Movement]

b. Long-Term Residency and Citizenship

The EU Settlement Scheme has implications for long-term residency and citizenship for EU citizens in the UK. Those who received settled status have the right to apply for British citizenship after meeting certain residency requirements. However, this process may present challenges, particularly for individuals facing bureaucratic hurdles or uncertainties about their rights.

c. Changes in Immigration Policy

As the UK government assesses the effectiveness of its points-based immigration system, there may be future policy adjustments based on labour market needs, public opinion, and political pressures. Ongoing discussions about immigration reform could lead to the introduction of new visa categories or adjustments to existing requirements.

d. Potential for Future Cooperation with the EU

While the UK has exited the EU’s free movement framework, future cooperation agreements may arise, particularly regarding labour mobility and the movement of professionals. The UK government may seek to negotiate arrangements that facilitate easier access for skilled workers from the EU, especially in sectors facing acute shortages.

e. Public Sentiment and Political Climate

Public opinion regarding immigration continues to evolve, and shifts in sentiment may influence future policy decisions. The government’s ability to balance control over immigration while addressing labour needs will be crucial in maintaining public support and political stability.

Section E: Challenges and Controversies

As individuals, communities, and sectors adjust to the new immigration framework, the changes to free movement regulations in the UK following Brexit have resulted in multiple challenges and controversies that continue to shape public discourse and policy.

[Insert table 5: Key Challenges Faced by EU Citizens Post-Brexit]

1. Public Opinion on Free Movement

Public opinion on free movement has been deeply divided, reflecting a range of perspectives influenced by political, economic, and social factors. Key points of contention include:

a. Concerns Over Immigration Levels

One of the primary motivations behind the Brexit vote was the desire to reduce immigration levels, with many voters expressing concerns that high levels of EU migration were straining public services, affecting job opportunities, and altering community dynamics. This sentiment has been echoed by various political parties and advocacy groups, leading to calls for stricter immigration controls.

b. Perceptions of Economic Impact

While some argue that free movement has boosted the economy by providing a flexible labour force and filling critical skill gaps, others contend that it has led to wage suppression and increased competition for jobs, particularly in low-skilled sectors. The debate over whether EU migrants contribute more than they take from the economy remains contentious, with differing views on their net fiscal impact.

c. Cultural and Social Concerns

Public discussions around free movement often intersect with cultural and identity issues. Some segments of the population view the influx of EU citizens as a threat to national identity and social cohesion, raising concerns about integration and community relations. Conversely, many advocate for the cultural enrichment and diversity brought by EU migrants, emphasising the positive contributions to society.

d. Political Rhetoric and Polarisation

The political landscape in the UK has become increasingly polarised regarding immigration and free movement. Political parties have adopted various stances on the issue, with some pushing for a return to more liberal policies and others advocating for stricter controls. This polarisation can complicate public discussions and policymaking, making consensus more challenging.

2. Challenges for Individuals

As the UK navigates its new immigration framework, individuals face numerous challenges stemming from the abrupt end of free movement. Key challenges include:

a. Uncertainty Over Residency Status

Many EU citizens living in the UK faced uncertainty about their residency status following the end of free movement. Despite the EU Settlement Scheme offering a path to secure status, individuals who missed the application deadline or encountered bureaucratic difficulties have found themselves in precarious situations, potentially facing deportation or loss of access to essential services.

b. Complex Visa Requirements

The new points-based immigration system has introduced complex requirements for EU citizens seeking to work or reside in the UK. The need for employer sponsorship, the minimum salary threshold, and various eligibility criteria can create significant barriers for individuals, particularly for those in low-skilled jobs or sectors where employer sponsorship is less common.

c. Emotional and Psychological Strain

The uncertainty surrounding immigration status and the challenges of navigating the new system have taken an emotional toll on many EU citizens in the UK. Feelings of anxiety, isolation, and a diminished sense of belonging have emerged among those who previously enjoyed the freedom to live and work without restrictions.

d. Access to Services and Rights

The changes in immigration regulations have also impacted individuals’ access to public services, such as healthcare and social security. EU citizens who have not secured their residency rights may find themselves ineligible for these vital services, exacerbating vulnerabilities and economic hardships.

e. Employment Barriers

For many EU nationals, securing employment under the new system can be daunting. The necessity of a job offer before applying for a visa can limit opportunities, particularly for those seeking to transition between jobs or those in sectors experiencing labour shortages. Additionally, employers may be hesitant to navigate the complexities of the new immigration system, leading to potential talent shortages in key industries.

f. Impact on Family Life

The restrictions on free movement have also affected family dynamics. EU citizens who were previously able to bring family members to the UK now face more stringent requirements and longer waiting times for family reunion visas, making it more challenging to maintain familial connections across borders.

Section F: Summary 

Free movement is a fundamental principle of the EU, aimed to support economic growth and cultural exchange by removing barriers between member states.

Prior to Brexit, free movement in the UK allowed EU citizens to live, work, and study without needing visas or permits. Under this system, EU nationals enjoyed similar rights to British citizens, enabling seamless cross-border integration and a steady flow of workers across sectors such as healthcare, agriculture, and hospitality.

However, the UK’s departure from the EU in 2020 marked the end of automatic free movement rights for EU citizens. A new points-based immigration system now governs entry, requiring applicants to meet specific criteria, including job offers and salary thresholds. EU citizens wishing to work or settle in the UK must apply for visas under similar conditions to those of non-EU nationals.

For EU citizens already in the UK before Brexit, the government established the EU Settlement Scheme, offering settled or pre-settled status to secure their residency rights. Those with settled status can remain indefinitely, while pre-settled status holders may apply for permanent residency after five years.

The changes have had far-reaching effects on individuals and businesses, particularly in industries that once relied heavily on EU labour.

Section G: Need Assistance?

DavidsonMorris are UK immigration and nationality law specialists. For advice and guidance with a UK visa or settlement application, contact us.

Section H: FAQs

What is free movement?
Free movement refers to the rights that EU citizens have to travel, live, and work in any EU member state without facing significant immigration restrictions. This principle promotes mobility and integration among EU nations.

How has Brexit affected free movement in the UK?
Brexit has ended the automatic free movement rights that EU citizens previously enjoyed in the UK and vice versa. The UK has implemented a new points-based immigration system, which requires EU citizens to meet specific criteria and apply for visas to live and work in the country.

What is the EU Settlement Scheme?
The EU Settlement Scheme allows EU citizens and their family members who were living in the UK before the end of the transition period to apply for settled or pre-settled status, securing their rights to remain in the UK. The application deadline was 30 June 2021, although late applications may be acceptable in exceptional circumstances.

What are the main requirements of the new points-based immigration system?
Under the points-based system, individuals must have a job offer from a UK employer, meet minimum salary thresholds, demonstrate English language proficiency, and satisfy specific skill level requirements to qualify for a visa.

What challenges do EU citizens face under the new immigration system?
EU citizens encounter various challenges, including uncertainty over residency status, complex visa requirements, barriers to employment, and difficulties accessing public services.

Can EU citizens still travel to the UK without a visa?
Yes, EU citizens can visit the UK for tourism or short stays of up to six months without a visa. However, they must comply with standard border controls and cannot live or work in the UK without the appropriate visas.

What rights do EU citizens have under the new system?
EU citizens who successfully applied for settled or pre-settled status under the EU Settlement Scheme retain rights to reside, work, and access public services in the UK, similar to those enjoyed prior to Brexit.

What is the impact of these changes on UK businesses?
The end of free movement and the introduction of the points-based system may lead to labour shortages in certain sectors that rely heavily on EU workers, prompting businesses to adapt their hiring practices and consider alternative talent sources.

Section I: Glossary 

[insert table Glossary]

Section J: Additional Resources

UK Government’s Overview of the End of Free Movement
https://www.gov.uk/government/publications/immigration-and-social-security-co-ordination-eu-withdrawal-bill/factsheet-2-end-of-free-movement
This document outlines the changes to free movement regulations post-Brexit and their implications.

Immigration Rules – Guidance
https://www.gov.uk/guidance/immigration-rules
The official collection of the UK’s immigration rules.

Citizens Advice – Immigration
https://www.citizensadvice.org.uk/immigration/
Provides free, confidential, and impartial advice on immigration issues.

UK Government’s Information on Switching from Pre-Settled to Settled Status
https://www.gov.uk/settled-status-eu-citizens-families/switch-from-presettled-status-to-settled-status
This resource explains the process and requirements for individuals to switch from pre-settled to settled status.