Post-Brexit rules, in place from 1 January 2021, allow for EEA and Swiss nationals to arrive at the UK border and seek entry as visitors for up to 6 months at a time.
If, however, border officials suspect that an EEA/Swiss national is not a genuine visitor, the individual runs the real risk of being denied entry to the UK. It has been reported that amongst those being denied entry to the UK on such basis are individuals who have made honest mistakes about the new Immigration Rules and who are unaware of post-Brexit changes and their implications.
The general rules are that a traveller will be allowed to enter the UK as a visitor provided that they do not intend to stay in the UK for extended periods of time, they will not undertake any prohibited activities, including work, and they have sufficient funds to maintain themselves in the UK without recourse to public funds, including the requisite funds to depart from the UK at the end of their visit. The Immigration Rules set out a non-exhaustive list of reasons for suspecting that a traveller is not a genuine visitor, including where a traveller has no job or where the majority of their family are living in the UK.
Where an EEA/Swiss national has an intention to work or settle in the UK, they will accordingly require relevant permission under the EU Settlement Scheme (where they had been living in the UK by 31 December 2020) or a visa issued under the Immigration Rules before travelling to the UK, and should not seek entry as a visitor.
The General Immigration Team at Gherson has a wealth of experience in handling EEA immigration matters and would be delighted to hear from you if you require assistance. Send us an e-mail, or alternatively, follow us on Twitter to stay up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2021