How to Get a UK Visa
A BRIEF OVERVIEW OF THE AVAILABLE OPTIONS
Immigration lawyers are often approached by individuals who dream of moving to the UK, asking a seemingly simple question: “How can I get a UK visa?” Many clients have a specific visa in mind and have already started their research. Others have a less-defined plan, for example retirees who simply want to spend more time in the UK and Europe. Whatever the situation, it is crucial to first establish whether a visa is required and, if so, which visa is best for you.
The starting point for any immigration strategy is to consider how long you intend to stay in the UK and what you will do whilst there. Sometimes, the visitor category is sufficient: for example, where you just want to spend a few months per year in the UK and will only undertake tourism activities plus the occasional business meeting. Generally speaking, as long as you aren’t making the UK your main home and you won’t be undertaking productive work nor getting paid from a UK source, entry to the UK as a visitor may be the best option. That said, the visitor rules are complex so it is best to seek tailored advice before you “set sail” for the UK.
Where the visitor category is ill-suited to an individual’s plans, our job is to carefully explore the visa options to determine the best fit. The main options can be broken down as follows:
1. Relationship with a British citizen
For those in a genuine relationship with a British citizen, applying as a spouse, unmarried partner or civil partner may seem like a simple solution – and sometimes it is. That said, the partner visa category should not be underestimated. It is a surprisingly complex area requiring careful planning, which we explore further in the ‘Partner Visa 101’ post - read more . Our team is very experienced with this category and would be happy to help you prepare your spouse visa application.
2. British Ancestry
There are two main ways that British lineage may be useful to an individual hoping to move to the UK. First, we might be able to show that they are British themselves (for example, because their parent was born in the UK before 1 January 1983). If not, a British-born grandparent may provide a very useful immigration route for Commonwealth citizens, known as the UK Ancestry Visa. British ancestry tracing is a very complex and factor-dependant exercise – please get in touch to discuss further.
3. Study in the UK
If you have plans to study in the UK, we can help you navigate the Tier 4 visa application required of most students in the UK. Alternative short-term study options may also be available. We can advise fully on the best route then assist with your application.
4. Work in the UK – temporarily or permanently
The temporary work visa options generally centre around the Tier 5 category. This includes creative workers/sportspersons, charity workers, religious workers and interns – all of which require ‘sponsorship’ by a licensed UK organisation. There is also a two-year work visa (known as the Youth Mobility Scheme) available individuals aged 30 years or less who come from Australia, Canada, Japan, Monaco, New Zealand, Hong Kong, South Korea or Taiwan.
The more permanent work visa category is Tier 2, which includes Intra-Company Transfers (for those being transferred internally to the UK by their overseas employer) or the General category for new hires. This category also requires a licensed UK sponsor and we can offer practical pointers for approaching job applications. We also assist UK companies with obtaining the required sponsor licence and remaining compliant with the ongoing ‘sponsorship duties’.
5. UK Business Expansion
For senior employees being sent to the UK to establish their employer’s first UK presence, the Sole Representative visa category is often more straightforward than a Tier 2 work visa. Alternatively, entrepreneurs should consider the start-up/innovator category. Once we have reviewed our intended business plans, we can advise on the best approach.
6. Exceptional Talent / Global Talent Visa
This category is intended for those who are world leaders or emerging world leaders in fields of arts and culture, natural sciences/medical science research, engineering, humanities and social sciences, and digital technology. While these visas require an ‘endorsement’ from an Endorsing Body, they do not require a ‘sponsor’ in the UK and provide the visa-holder with flexibility to choose when to work in the UK, and who to work for. The team at Eversage has extensive experience in preparing and submitting successful applications for exceptionally talented/promising individuals.
7. Invest in the UK
The Tier 1 (Investor) category requires at least £2 million to be invested in UK companies. The requirements of this category are very specific and specialist advice should be sought – Eversage would be pleased to assist.
While there are a number of options available to individuals planning to relocate to the UK, the path to finding the right UK visa is often a winding one. Our experienced immigration lawyers are here to help you navigate the UK immigration journey – get in touch to schedule a complimentary phone consultation to discuss which option is best for you.