UK and EU Passport Holders

This is the most straightforward situation when it comes to UK immigration. If you were born in the UK, or have gained permanent residency here and have a UK passport you are free to come and go from the UK as you please. There are no restrictions on you leaving. You will however have to look into the Visa or immigration situation in the country where you are hoping to travel. Returning to the UK is simple too, just pass through the UK passport channel at the airport, without the need to get a visa or any other paperwork. Your passport won’t be stamped when leaving or entering the UK, but you may still be questioned by a Border Force official at the airport.

Until the end of 2020, EU citizens retain their pre-Brexit rights of freedom of movement within the European Union, including the UK. EU citizens don’t at present need a Visa or any other type of documentation to enter the UK, and at immigration use the EU and UK passport channel. This could all change depending on the deal which the UK negotiates with the rest of the EU nations after the end of 2020. There should be detailed guidance available on government websites nearer the time for EU passport holders.

Settled and Pre-Settled Status for EU Citizens

EU passport holders who are already living and working in the UK also need to apply to remain in the UK using the EU Settlement Scheme if they are intending to stay in the UK after June 2021. The type of status depends on your length of time in the UK. EU citizens who don’t take steps to register their status in the UK before the end of June 2021 risk being asked to leave, especially if they are unable to prove how long they have been living, studying or working in the UK. EU citizens have the following two options:

• Settled Status – this is for people who were in the UK before the end of 2020, and who have lived in the UK for 5 years or more. There are exemptions to the 5 year period such as time in the Armed Forces, but these won’t apply to most people. Children who are born to people with settled status are automatically British citizens.
• Pre-Settled Status – this level of status is for those EU citizens who have been in the UK for less than 5 years. As soon as the 5 year period is reached, you can then apply for full settled status. Children born if you have pre-settled status will also be given pre-settled status.

Tourist Immigration to UK – Standard Visitor Visa

The overwhelming majority of people who come to the UK and pass through immigration at airports each year are on short visits, either for tourism, to see family or for short business trips. Whether you need a Visa to visit the UK for a short visit will depend on which country you are travelling from.

People travelling from inside the EU, including Switzerland, don’t need a visitor visa to enter the UK. It is unlikely that this requirement will change after the end of the Brexit transition period, but full information will be posted on government websites once the transition negotiations are complete. If you are travelling from elsewhere in the world, you must check before leaving home whether you need a Visa or not. Citizens of the United States, Canada, New Zealand, Australia, Japan, Argentina and other countries do not need a Visa for short stays of up to 6 months.

If you are travelling from much of Asia, Africa and parts of South America, you must apply in advance for your Visa. If you turn up at the airport for a flight to the UK without the correct visa, you will not be able to board the aircraft to travel. There are several steps to this process, including filling in the application form, providing evidence of your identity and your reasons for travelling to the UK, and attending an interview at your local Embassy or Consulate. Application forms must be completed online; there is no paper application route any more.

The interview process aims to make sure that people applying for Standard Visitor Visas are indeed visitors, and intend to leave the UK at the end of their stay. The officials may ask lots of questions about your employment status, family background, details of family members already in the UK and proof of how you’re going to finance your trip.

A UK Standard Visitor Visa is usually for 6 months, but may be extended if you have good reason to do so. There are restrictions on this Visa and people who are on a Standard Visitor Visa cannot:

• Work (either paid, or unpaid)
• Get married
• Live in the UK for long periods by applying for back-to-back short visit visas
• Have access to public funds such as applying for Benefits.

Tourist visas are generally the easiest types of visa to obtain, and as such have been open to abuse in the past. The Home Office is aware that a minority of people who come into the UK on a standard visitor visa are not genuine tourists, and are entering the UK to work or for other reasons. Immigration officials at airports have the power to question anyone arriving in the UK about their reasons for visiting. If you are stopped and questioned try not to take it personally; as long as you are a genuine visitor or are coming for other reasons covered by the visitor visa, you have nothing to worry about.

Marriage and Family Visas

As one of the things you are forbidden from doing on a standard visitor visa is get married, you’ll have to apply for a separate visa if you want to get married in the UK. This is the case whether you’re marrying someone from the UK, or from another country. A marriage visa gives you the right to stay in the UK for up to 6 months, organise your wedding and get married. After the 6 months is up, you must leave the UK. Once you are back in your home country you can start the process of applying for a spouse visa should you wish to do so. If you are planning to stay in the UK after your marriage, you will need a different type of visa. Work and access to public funds is also forbidden on a marriage visa.

Family visas cover a broad range of situations around bringing a family member into the UK from overseas, either temporarily or permanently. The requirements vary depending on your relationship to the family member already living in the UK.

Spouse Visa

In order to apply as a fiancée, spouse, partner or civil partner, both you and your partner must be at least 18 years old. The partner you are applying to join must either be British, or have settled status in the UK, such as permanent leave to remain. This must be someone who you are planning to live with permanently.

There are lots of checks done before issuing a spousal visa and it’s wise to be prepared for a fairly high level of questioning. Immigration officials will ask for proof of your relationship, and may ask about things some people feel are personal or private. The UK based spouse will also have to prove that they are earning enough to support a spouse too. If you are already married to your partner at the time of applying for the Visa, it is usually valid for 2.5 years. If you’re engaged yet to sign a civil partnership, you get 6 months.

Parent Visa

If you have children under the age of 18 who are living in the UK, then you are eligible to apply for a Visa to stay in the UK to look after them. This is only an option when the children are British, or are permanently settled in the UK. This type of Visa is primarily aimed at people who have already been in the UK on student, visitor or other types of visa, and whose children have been born during their stay. Visas are granted for 2.5 years, and after that you’ll have to apply to have the it extended.

Child Visa

If you have a parent who has permanent residence in the UK, children may also be able to apply to settle too. This is a fairly limited visa in that it is only open to children under the age of 18, and over 18s in very specific circumstances.

 

Visa Tiers in the UK Immigration System

If you are coming to the UK to work or study, then family and spouse visas don’t apply, and tourist visas aren’t suitable either. There is another type of visa which allows you to be in the UK for a set period of time, to either work or study. These various types of visa are grouped into tiers, depending on the type of work you are planning to do.

• Tier 1 – Innovator, entrepreneur, exceptional talent visas
• Tier 2 – Long term work visas
• Tier 4 – Student visas
• Tier 5 – Temporary workers and youth mobility scheme

Confusingly, there is no tier 3. This was originally intended to be the type of visa which low-skilled workers could apply for in order to enter the UK. Since the tiered system was introduced in 2020, there has never been the need in the UK to bring into the country low skilled workers from outside the EU. The government is keeping Tier 3 in reserve should they need to reintroduce this category at some point in the future.

 

Tier 1 Visas

This is the type of visa which replaced the “Highly Skilled Migrant” category under the previous system. There are several different categories under which you might be able to apply for a Tier 1 visa to live and work in the UK, depending on your circumstances. There are several different types of visa which all fall under Tier 1.

Innovator Visa

This sort of visa is for inventors and businesspeople who wish to set up a business in the UK and live here. There are a number of requirements in order to apply for this visa. The main requirement is that you need £50,000 in funds if your plan is to set up a new business. Immigration will expect to see proof that you have the funds in cash, such as copies of your bank statements. You will need a business plan, and to have your business proposal vetted by an “Endorsing Body”. These are funding bodies and business agencies based in the UK and it’s important that you get the right agency for both the geographical area you will be operating in, and the type of business you plan to run.

Innovator visas are usually granted for three years, and you can apply for an extension when your visa is due to expire. Fees are expensive at over £1000, and there’s also a healthcare surcharge which is calculated based on your visa type and your home country.

Start-Up Visa

The requirements for this visa are similar to the Innovator Visa, but you must prove that the type of business you are proposing is not currently in operation in the UK. You will need an endorsement from a UK university or other Higher Education institution, and must be able to demonstrate that your business is viable. It’s cheaper to apply for a Start-Up Visa, but it is only valid for 2 years.

Global Talent Visa

This is the type of visa with the aim of attracting people who are at the very top of their chosen field to come to work and live in the UK. This isn’t an easy route to a visa to the United Kingdom, as all applications are reviewed in detail. Most people applying through this route are top research scientists, engineers, leaders in the Arts or fashion, actors, digital technology innovators or architects.

If you think you fit the criteria for a Global Talent visa, you can use this method to either apply to come to the UK from overseas, or extend your stay if you’re already here. There is detailed guidance online about what proof you will need to back up your application. Suffice to say that this not an easy type of Visa to get; you need to be at the top of your profession, and known across the world in your field.

Investor Visa

If money is no object, then the Tier 1 Investor Visa could be the right choice for you. This type of visa is open to those who have substantial funds to invest in the UK. You will need to be able to prove that you have funds available of at least £2 million to invest in the UK to apply for your visa. There is no requirement to work in the company you are considering investing in; you are free to operate as a silent partner if you wish. An Investor Visa is valid for an initial period of 3 years and 4 months, but you can apply for a 2 year extension. If you invest £2 million in the UK you can apply for settled status after 5 years, but if you have £10 million to invest, this period is cut to 2 years.

 

Tier 2 Visas

Most people applying to work in the UK won’t be looking to start up their own business or invest millions of pounds in an existing UK venture. Tier 2 visas are for the people who want to come and work in the UK. There are various classes of Tier 2 visa, but all are connected with work which requires some degree of skill or expertise.

Sportsperson Visa

The obvious example of the person who comes to the UK on a sportsperson visa is the Premier League star, signed on a multi-million transfer deal. Elite football stars certainly will qualify for this type of visa, as long as they can demonstrate that they are at the top of their profession. Other elite sportspeople might apply for a sports visa too, if they are coming to live in the UK and train here. Coaches and trainers can apply for a sportsperson visa too, if they are coming to train sportspeople full time, or work in sports development. Any application for a visa under this category must be signed off by the sport’s governing body before the visa can be granted.

This type of visa is more flexible than others in that it allows people to study at the same time as training or coaching, and in some circumstances, take on a part-time job. Visa holders are free to travel to and from the UK as they wish, and have their families living with them in the UK too.

Sports visas are usually granted for a period of three years in the first instance. They can be extended once, making a total period of six years. If a sportsperson or coach wishes to remain in the UK after their six years are up, then they should explore other options for getting permanent leave to remain or residency in the UK.

Company Transfer Visa

This is the sort of visa which you’d apply for if your company asks you to move to the UK to take up a key position in their organisation. In most cases, only people working at a senior level in an organisation and earning upwards of £41,000 per year can be transferred into a UK position by an overseas company. There is a similar scheme for graduate trainees, which doesn’t have the salary requirement. Qualifying for this visa requires proof that you’ve been working for your employer in your home country, and that you have savings so that you can support yourself when you arrive in the UK.

Fees for this type of visa will depend which type of position you are coming to do, and how long you plan to stay. Costs range from £482 for a graduate trainee visa up to over £1200 for a longer term position for a senior employee. For workers earning under £120k, the maximum length of their stay is 5 years and 1 month. Higher earners can stay up to 9 years on a transfer visa.

Holders of a company transfer visa can bring their family and dependents with them, but as they have no recourse to public funds such as tax credits or housing benefit, you will have to convince the Home Office that your salary will be sufficient to support everyone.

Minister of Religion Visa

As with the sports visa, this is a work visa for people working in a very narrow field. People who have been offered a position as a minister in any type of religious order for up to three years can apply.

One of the key requirements for this type of visa is a knowledge of English test, which is discussed in full a bit further down this document. Applicants will also need to show a letter of sponsorship from the religious organisation they will be working for, and to be able to prove their travel history.

General Work Visa

Most people coming to work in the UK aren’t being transferred by their employer, a Premier League football star or a minister of religion. The vast majority of applicants will apply under the Tier 2 category of “General Work Visa”, which covers absolutely everything else. There are however lots of restrictions about what sorts of workers can apply to come to the UK from outside the EU to take up a job.

Currently, only workers whose occupation is listed on the government’s Shortage Occupation List can apply for a job in the UK and then get a visa should they be successful. The list is constantly tweaked and adjusted depending on the employment situation so always check online before starting to apply for jobs. The list is extensive. Some of the key categories of jobs currently on the shortage list include:

• Biological scientists and biochemists
• Engineers – civil, mechanical, electrical, design, production or process
• Computer programmers and software developers
• Doctors, nurses and paramedics
• Vets
• Occupational therapists, speech and language therapists
• Secondary school teachers of maths, physics and computer science
• Architects and quantity surveyors
• Highly skilled dancers, musicians and artists
• Senior chefs

Some jobs, such as secondary school chemistry teachers, IT project managers and managers in the mining industry have been removed from the list. You will, of course, be asked for evidence to show your experience in the job which you are applying to come and do in the UK.

Sponsors For Work Visa

Not every company or public body in the UK has the freedom to hire staff from outside the EU and get them a visa to work legally in the UK. Everyone who applies for a Work Visa must have a sponsor. There are currently 31,400 organisations in the UK who are accredited by the Home Office to issue sponsors for people coming to work in the UK. These range from small independent dental practices to Universities, multinationals like Google and public services like the NHS.

Applicants from outside the EU can’t apply for a job and then start the search for a sponsor; that’s not how the system works. Applicants must first check that:

• The job is on the list of shortage occupations
• AND that the employer is s registered sponsor

If the applicant from outside the EU is successful in their interview and is offered a position, they can then request a letter of sponsorship from their new employer and start the visa application process. Large organisations like the NHS, Google or Barclays Bank will handle dozens if not hundreds of non-EU applications every year and will have a slick process in place to issue sponsorship letters and other documents which the applicant needs. Smaller employers may find navigating the bureaucracy of the Home Office a lot more difficult. Employers will also need to provide other details such as your salary and other terms and conditions.

Knowledge of English

As well as needing a sponsor for a work visa, the other big hurdle is proving that you speak English to a sufficient level. There are two main ways of doing this:

• Passing an approved English language test in reading, writing, speaking and listening at level CEFR Level B1. A full list of approved tests, and details of where and how you can sit the exams is on the Home Office immigration web pages.
• Having a degree level qualification from a institution where the teaching was delivered in English.

People who are from the following countries don’t need to prove their English language skills:

• Antigua and Barbuda
• Australia
• the Bahamas
• Barbados
• Belize
• Canada
• Dominica
• Grenada
• Guyana
• Jamaica
• New Zealand
• St Kitts and Nevis
• St Lucia
• St Vincent and the Grenadines
• Trinidad and Tobago
• USA

 

Other Documents When Applying for a Work Visa

Along with your letter of sponsorship and your certificate proving you speak and understand English to a high level, there are lots of other documents which you must provide to the Home Office when applying for a Tier 2 working visa. In many cases, your employer will know exactly what is needed and will provide a lot of help by telling you exactly what to provide and in which format. The key pieces of information you need to provide are:

• Bank or building society statements showing you have enough in savings to support yourself until your first wage packet
• A current passport with a blank page for the Visa to be printed onto
• Criminal records check – only for jobs working with vulnerable people, primarily in healthcare and education roles
• Tuberculosis results – people from countries with a high incidence of TB are asked to provide a certificate showing they are clear of infection. A full list of countries which this applies to is online, and mainly covers countries in Asia, South and Central America and Africa.

If your documents aren’t in English, you will have to pay to have them translated, then stamped by an official to certify them as true translations.

 

Work Visa Criteria

Most work visas are issued for a maximum period of five years. You can apply to extend your visa once, but cannot stay more than six years in total. After your first visa expires, you might have other options such as starting the process to become a permanent resident, depending on your circumstances. People in the UK on a work visa are allowed to bring dependents such as spouse and children under the age of 18 with them to the UK, as long as they can prove that they are earning enough to support the whole family. Access to benefits and other public funds is not allowed, although children can go to schools and use the NHS free of charge. You are also free to travel to and from the UK as you wish.

 

Tier 4 – Student Visas

Almost 280,000 student visas are issued each year by the UK. Students from outside the EU come to the UK to study at all levels, and make a huge contribution to the UK economy. Overseas students provide a valuable source of income for many Universities, and most eventually return to their home country after completing their study. There are a few types of student visa, so it’s important to make sure you are applying for the correct one for your needs.

General Student Visa

This is the type of visa which covers most students arriving in the UK. The bulk of these people will be coming to study at university level on undergraduate or post-graduate courses. As this visa is for all students over the age of 16, it also covers younger students who are coming to the UK to study at schools or colleges towards A-levels or other qualifications.

There are lots of eligibility criteria for getting a student visa, and as with any other type of visa reading the guidance will allow you to understand which visa is most appropriate for your needs. However, the key criteria for a student visa are that:

• You have already been offered a place on a course at an accredited institution
• You can understand enough English to the right level
• You have enough money to both pay for the course and your living expenses in the UK

If you are intending to come to the UK as a student, you must first apply for a place on a course, get accepted, and then apply for your student visa from your home country. Not all courses and not all institutions can offer courses to students who need a visa.

Another key requirement is actually attending classes and doing the coursework. It can be tempting for some people to see securing a student visa as a fast-track way into the UK, no questions asked. However, the Home Office works closely with UK universities and schools to make sure that people on student visas are turning up regularly to lectures. If you are in the UK on a student visa but not actually doing any studying, then you risk having your visa withdrawn and being forced to return home. It doesn’t mean that you have to pass all of your exams and be an outstanding student. You can get a student visa even if you need to resit a year or retake some of your modules or courses. The key is proving that you are fully engaged in academic life.

Qualifying Courses

Courses which qualify for a student visa are at least level 6 on the Ofqual framework. There is a full list of these types of courses online. Ofqual does not cover Scotland, where the levels are named differently, so do your research if you are applying to an institution in Scotland The general rule of thumb though is that a general student visa is for those enrolling on at least a degree level qualification (level 6). Students coming to study for a Master’s degree (level 7) or a PhD (level8) also qualify for a student visa.

Along with full time degree courses, you may be granted a visa to come and do a language course to get your English skills up to the required level to apply for another type of visa, or student visa in the future. Once you have been accepted onto a qualifying course, the institution will send you a CAS – a confirmation of acceptance for studies. You have six months from being accepted on a course and receiving a CAS to apply for your student visa.

Rules of the Student Visa

Student visas offer more flexibility than other types of visas, recognising that students’ circumstances vary hugely. Students on a Tier 4 visa are allowed to work for up to 20 hours per week during term time to support themselves. This work doesn’t have to be directly related to their field of study, and students from outside the EU are free to take part-time jobs in supermarkets, restaurants or in any other field they choose. During university vacations, students are allowed to work full time in the UK should they choose to do so.

Students can also apply to extend their student visa. This might be because they have finished their first undergraduate degree, and wish to stay on to do postgraduate qualifications. Students are generally not allowed to bring dependents into the UK with them as they study if they are enrolled on an undergraduate course, but might be able to get visas for dependents if they are on a Masters or PhD level course. Visas will only be granted for dependents if the student can prove that they have enough funds to support themselves and their dependents too. Students who are in the UK on a Tier 4 Student visa, and any of their dependents, do not have access to public funds through the Benefits system.

Child Student Visa

Over 55,000 children aged between 4 and 17 are in the UK on a child student visa. This is the sort of visa which parents will apply for if they wish their child to be educated in the UK. These visas are for children who have a place at an independent school only. Independent schools are also known as private schools, public schools or fee-paying schools. Children cannot get a visa to come from outside the EU to take up a place in a state school.

Most children applying for a child student visa are coming to complete their secondary education in the UK. Many will attend a boarding school in the UK, although others may be day pupils and living with relatives or friends during term time. Before applying for a child student visa, the family must have a confirmed school place from one of the schools which is accredited by the Home Office. As with the General Student Visa, applicants have to first get the Confirmation of Acceptance for Studies (CAS) before applying for their visa. The length of the visa will depend on the length of the course, up to a maximum of 6 years. Some young people in the UK on a child student visa are allowed to work part time for up to 10 hours a week, if they are over 16.

Parent of a Child Student Visa

Some parents who have secured a place for their child in a British independent school wish to accompany their child to the UK. They may be eligible to apply for a Parent of a Child Student visa, which allows them to come into the UK to live with their child while they are at school here. Only parents of children up to the age of 12 years can apply for this type of visa. This type of visa is only granted for 12 months, and must be renewed every year. Work is not allowed on a parent visa, and you’re not allowed to study or get access to public funds either.

Approved Tier 4 Institutions

Whether you’re applying for a visa to come to the UK and do a degree, or looking for a visa for secondary school level education, you need to look for an approved institution. In the past, the Home Office has shut down several colleges and schools which were not delivering education at all, and only existed to enable people to enter the country on a fake student visa. The Home Office constantly reviews the institutions which are allowed to issue the CAS authorisation which allows someone to apply for a student visa. A full list of the institutions is on the Home Office website – search for Register of licensed tier 4 sponsors.

The Home Office register includes not only large universities and private schools, but other education providers too. If your intended place of study is not on the list, you will be unsuccessful in your application for a student visa. Universities in the UK and independent schools with a large number of foreign students can often provide a lot of help and guidance to students who are coming to study from overseas. The help they can provide is free, and can be very useful to anyone unfamiliar with the UK system for applying for visas.

Short Term Study Visa

The final type of student visa is for short term students. This covers courses such as English language courses lasting a few weeks, or coming to the UK to do research as part of your degree at a foreign university. Most visas granted in this category are for periods of up to six months, but can be issued for up to 11 months in certain cases.

Students in the UK on a short term study visa are not allowed to work, and can’t undertake work placements as part of their study either. It doesn’t cover study at a state school, and holders can’t bring family members into the country with them either. As with other student visas, holders can’t access public funds through the Benefits system.

 

Tier 5 Visas

If Tier 2 visas are for people wishing to work long-term in the UK, then Tier 5 is the opposite side of the coin. Tier 5 visas are short term work permits issued in various categories, and are usually only valid for a period of 12 months. There are seven separate categories under which you might be able to apply for a Tier 5 temporary work visa.

Charity Worker Visa

This visa applies to people coming to the UK for a short time in connection with taking on a charitable project. This work must be unpaid, although you are allowed to receive board and lodging. Applicants must also be working for an approved organisation, and have a certificate of sponsorship before they apply for their visa.

The charity worker visa is valid for up to 12 months, with volunteers being allowed to enter the UK two weeks before their work visa start date. Study at the same time as undertaking charitable work is allowed, as is working up to 20 hours a week as long as it is in the same sector as the main charitable work you are in the UK to do. Family members can come with you, as long as you have the means to support them financially during the time you are in the UK.

Creative and Sporting Visa

This visa is aimed at the creative industries such as theatre, film, music or television. It enables actors, make-up artists or other people working behind the scenes in the film industry to come to the UK to work for a short period on a movie or theatre production. It would also cover someone arriving on a short term transfer to play football, or another professional sport.

Applicants will need a letter from their employer before applying for their creative or sporting short term visa. Workers can take on another job in the same sector, or work in any other occupation as long as it’s on the occupation shortage list. They can bring their dependents with them, or study if they wish. This visa is generally issued for a year.

Government Auhorised Exchange Visa

There is a huge number of exchange programmes currently running between the UK and countries overseas, to promote academic research, language learning, cultural exchange or industrial knowledge. This type of visa allows an academic to come to the UK for a semester or term, while their opposite number flies off to Japan or the United States. Recent graduates who want to take up a short term UK job teaching Mandarin, Japanese or Russian may also apply for this visa.

There is a wide range of schemes which qualify for this authorised exchange visa, and there’s a full register of them on the government’s website. Get your place on the exchange programme confirmed in writing, then apply for your visa. The government exchange visa can be granted for either 12 or 24 years, depending on the type of programme you are applying for. Once in the UK, you can study alongside the exchange programme requirements, take on a part-time second job, and bring dependents with you as long as you can support them. Taking a permanent job is not allowed on an exchange visa.

International Agreement Visa

This is a very specific type of visa for people covered by international law rather than UK law. This would include staff working for a foreign embassy in the UK, or domestic staff who are employed by a diplomat to work in their household. Most people on this type of visa are allowed to stay for 2 years, but can be asked to leave the UK within 2 months if their job ends earlier than expected. Study and work is permitted, as is free travel to and from the UK as many times as you wish.

Religious Worker Visa

As the name suggests, this is the visa for people who come to the UK for a short period to work for a church or other religious organisation. This might be as a preacher, or on related community work. As with other types of temporary work visas, applicants need a letter of sponsorship from the church or other institution which is asking them to come to the UK. Visas are usually for 24 months, and you should be able to study, and bring your family members to the UK with you for the duration of your visa.

Seasonal Worker Visa

The British farm sector is very dependent on labour from all over the world to help harvest crops primarily through the summer months. As this visa is purely for seasonal farm work, the length of stay is capped at six months. Although workers have to leave the UK at the end of the picking season and return home, they can apply for another visa to return the following year should they wish to do so.

Workers who are allowed into the UK on a seasonal worker visa can’t bring family members to the UK with them, and are not allowed to take a permanent job while they are in the UK. In some cases, workers on a seasonal worker visa can study, but this will depend on circumstances.

Youth Mobility Scheme

It’s a rite of passage for many young people from around the world to take some time out and go travelling before going to University or settling down to a full-time job. The Youth Mobility Scheme offers the opportunity for young people aged between 18 and 30 to come to the UK for up to 2 years. Young people on this type of visa are free to work and study without restriction, and can even set up a self-employed business should they wish to do so.

There are a few restrictions on this visa, in that it is a “one time only” option for a 2 year stay, and can’t be extended. Should someone wish to stay in the UK after the initial 2 year period, another type of visa will be required. Family members can’t come to the UK with you on your visa, but may be able to apply for their own visas depending on their circumstances.

The Youth Mobility Scheme is only open to certain groups of people. This includes people who are not British citizens but are in one of the following groups:

• British overseas citizens
• British overseas territories citizens
• British overseas nationals

This is a fairly limited group of people who are living in UK possessions overseas. A much larger group comprises the citizens of other countries who are part of the Youth Mobility Scheme. Many of these countries have similar visa arrangements for British people aged 18 to 30 to take on temporary work or go on working holidays. The countries whose young people qualify for the Youth Mobility Scheme are:

• Australia
• Canada
• Japan
• Monaco
• New Zealand
• Hong Kong
• South Korea
• Taiwan

 

Healthcare Surcharge

Whatever type of visa you are applying for, the Healthcare Surcharge will apply. This is also sometimes known as the immigration healthcare surcharge, or IHS. The healthcare surcharge takes into account the National Health Service system in the UK. Unlike many other countries, healthcare is provided free of charge to people in the UK, and funded through general taxation by the government. People living in the UK can see a doctor, be treated in hospital or have tests like X-rays without having to pay.

A system which had some people being able to access the NHS and others having to pay for treatment would be complicated and difficult to manage. The UK government therefore asks visa applicants to pay the healthcare surcharge at the time of applying for their visa. This covers any healthcare you might need during your time in the UK, from routine doctor’s appointments through to more seriously medical treatment.

Not all medical treatment is free in the UK. Many people in the UK pay for their prescriptions, dental treatment or eye tests and spectacles. People who have paid the healthcare supplement will have to pay these charges in the same way. When you register with a GP or attend hospital, it’s best to take your passport with your visa in it with you as this will prove that you have paid the surcharge and are entitled to access NHS care.

Becoming a British Citizen or Settlement

Many people get a student visa or work visa to come to the UK, fully intending to return to their own country at the end of their visa period. But life often doesn’t work out as we planned. People change jobs, get married, have children or just decide that they’d prefer to remain in the UK than go home. There are a couple of options for doing this, either settlement in the UK, or becoming a British citizen.

Settlement

Settlement in the UK is also called “indefinite leave to remain”. It means that although you aren’t a full UK citizen, you have the right to live and work in the UK for as long as you wish, and have the freedom to travel to and from the country at will. There are various routes for getting indefinite leave to remain depending on your current immigration status. Usually, indefinite leave to remain is only for people who have been in the UK for a period of around 10 years, usually on a combination of different visas over the years. This is a complex area of immigration law, and it’s very important to do some thorough research into whether you qualify to apply for settlement.

Citizenship

A step further on in the process is becoming a full British citizen. This is also sometimes known as naturalisation. You might be able to proceed to this step if:

• You are the spouse of a British citizen and have lived in the UK for at least three years
• You have held “indefinite leave to remain” status for at least 12 months
• You have held “permanent residence” status for at least 12 months
• You have settled status under EU rules
• You have a British parent, under some circumstances
• You previously held British citizenship but gave it up for some reason
• You have another type of British nationality, usually from an overseas territory

Dual Citizenship

Having dual citizenship is permitted in the UK. That means that you don’t automatically have to renounce your citizenship of another country when becoming a UK citizen. Your home country might have different rules about dual nationality, so check out your legal position before going down the route of applying for British citizenship. There are also often legal and tax implications to being a legal citizen of more than one country, which all must be considered when deciding whether to take that step.

Life in the UK Test

If you decide to go down the route of applying for citizenship, the process is fairly lengthy. The fees are much higher than for other types of visa at around £1200, and you must first pass a Life in the UK test. The test is multiple choice, and covers all aspects of UK traditions, customs and daily life. The best way to prepare for your test is by using the official government Life in the United Kingdom book, published by the Stationery Office.

People under the age of 18 or over the age of 65 don’t need to take the multiple choice test. If you’ve already passed a Life in the UK test as part of a settlement application, you don’t need to pass it again for a Citizenship application.

English Test

In addition to the Life in the UK test, applicants for citizenship or settlement must prove that their English language skills are up to scratch too. If you have a degree from an institution where teaching was in English, that will be accepted as proof of your language skills. If not, you will have to take an English language qualification, the details of which are all listed online.

People coming from countries such as Australia, the United States or Jamaica where the official language is English don’t have to take an additional English language qualification.

 

Applying for a UK Passport

Once you have your British citizenship, you are then free to apply for a UK passport. Depending on the rules which your previous nationality has on holding dual citizenship, this could mean you can hold two valid passports at the same time. Everyone needs their own passport to enter or leave the UK as children are no longer allowed to travel on a parent’s passport.

The easiest way to apply for your passport is online, using the official government website. Getting your first UK passport, even if you have held a passport from another country before, is somewhat more complex than renewing an existing passport. The application form is fairly lengthy, and you’ll be asked for key identity details along with details of the date when you became a full British citizen. You’ll need to get passport photographs taken, and to have them countersigned by someone in a position of responsibility to confirm you are who you say you are.

Anyone applying for their first UK passport has to attend an interview. The aim of the interview is to weed out the small number of people who try to get a UK passport fraudulently. The interviewer will ask questions about where you live, your job, family relationships and how you know the person who countersigned your photographs. Children under the age of 16 applying for their first passport don’t need to attend an interview. After the interview, passports are generally issued in around three weeks. If you need a passport issued more quickly, there is the option of paying for a Premium service whereby you can return to the Passport Office four hours after the interview to collect your new passport.

Asylum

People who have left their own country because of persecution might be eligible to apply for asylum in the UK. This is the same as claiming refugee status. There are lots of restrictions on what people can and cannot do while their asylum case is being decided, which usually takes around six months.

There are a range of reasons why someone may feel it is unsafe to return home and has no option but to claim asylum in the UK. Everyone’s circumstances will be different, but most asylum claims fall into one of the following broad categories:

• Race
• Religion
• Nationality
• Political beliefs
• Sexual orientation

If you intend to apply for asylum in the UK, you should do so as soon as you arrive at a port or airport. The asylum application process is complicated, and you’ll be asked for lots of documents to both prove your identity and support your case for refugee status. Once you have registered a clain for asylum, you’ll be sent a registration card and assigned a caseworker. The caseworker’s job is to look into your claim, and make a decision about whether you are granted refugee status or not.

The interview process can be difficult, as you’ll be expected to go into detail about what happened to you in your home country, and why it would not be safe for you to go home. If you have evidence of what happened to you then this can greatly help to add weight to your case. The Home Office has six months from the date of your interview to decide your case. This gives them time to look into the evidence you have provided. At the end of the process you will receive one of four decisions:

• Permission to stay as a refugee – this is for an initial period of 5 years and is also known as leave to remain. After that, you have the right to proceed to an application for settled status to make your status permanent.
• Permission to stay for humanitarian reasons – this means you don’t qualify under asylum law, but that returning you home would pose a danger because of war or other reasons. Again, this is for 5 years and you can apply for settled status at the end of the period.
• Permission to stay for other reasons – the Home Office may decide that your case doesn’t fit either of the other two categories, but that you still should be allowed to stay in the UK. The length of permission will depend on your circumstances.
• No reason to stay – this is a refusal of your asylum application. You must then leave the UK by yourself, or risk being deported. You may have the right to appeal against the decision, but will need legal help.

Immigration System – Fees and Assistance

The range of UK visas and the different criteria for applying is incredibly complex. It’s hard enough for UK experts to navigate the immigration maze. For someone with no knowledge of the UK legal system and only conversational levels of English, it’s almost impossible. Furthermore, the UK government regularly changes the rules around immigration and who qualifies in each category of visa. It is essential to make sure that you are looking at up to date information.

A large proportion of people applying for a visa to come to the UK for work or study can get help with their application from their employer, or educational establishment. Many large employers bring dozens of workers in each year, and universities may be dealing with thousands of overseas students at the start of each academic year. Most will have members of staff whose job it is to help people through the immigration system. Overseas student coordinators or HR departments in larger companies are the experts on documentation, proof, evidence and the system in general and using their expertise is a lot easier than trying to work through the system yourself.

Another option is to use the services of an agent in the UK. Many agents are also lawyers, and have the same expertise in working out what the correct visa is for your individual situation, and helping you to apply. However, the key difference is that they will charge for their assistance, whether or not you are granted your visa.

If you would like the assistance of an immigration adviser to help with a UK visa, then look on the register held by the Office of the Immigration Services Commissioner (OISC). This is the official body which regulates immigration advice and makes sure that agents meet minimum service standards. Another option is to search on the registers held by the Law Society, the professional body for the legal profession.

What Can Immigration Advisers Do?

Not all immigration advisers and agents can offer the same services. Advisers are grouped into three tiers, with rising levels of ability. A Level 2 agent, for example, can offer all of the services of Level 1 and Level 2, but only a level 3 agent can offer the full services.

Level 1 – advisers can give guidance on simple cases only. They deal with the most straightforward immigration issues such as extending a business visa, or giving advice about how to go about getting UK citizenship for people who have already been in the country for an extended period.

Level 2 – In addition to basic work, level 2 advisers can help with more complex immigration issues. This involves helping people submit asylum claims, or representing them in asylum interviews with the Home Office. They can also advise people who have entered the UK illegally, or who have overstayed their first visa. They may be able to help people who are facing deportation.

Level 3 – Level 3 advisers can represent clients at an immigration tribunal in court, should matters get that far.

 

Fees and Fast Track

Immigration is an expensive matter. Fees for visas are stated on the government website, and liable to regular change in line with both inflation and government policy. Some applicants, especially those coming to the UK to take up a job, will have the fee for their visa paid by their employer. Others will have to pay the fee themselves. Fees must be paid at the time of submitting the application. The fees depend not only on which type of visa you are applying for, but also which country you are applying from.

If you are applying through an agent, or getting help from an immigration adviser, then they will charge a fee on top of the standard visa fee. In addition to the fee for issuing the visa, most applicants will also have to pay the health surcharge, and another fee for enrolment in the biometric passport scheme. If you are further down the immigration route and thinking of applying for indefinite leave to remain or citizenship, then there may be further expense in sitting the English language tests and the Life in the UK test.

Standard processing times for UK visas are around 3 months, but there is a fast-track option for people who need their visa to be issued quickly. This service isn’t valid on all types of visa, but if money is no object you can pay up to £1000 to have your visa application turned around in 24 hours using the Super Priority service or Priority Service, which will cut the waiting time to around a week.