Immigration

The UK Family Visa program allows eligible foreign nationals to bring their family members to join them in the UK for an extended period, typically 6 months or more. You can bring various family members, including your spouse or partner, fiancé or proposed civil partner, child, parent, or a relative for whom you will provide long-term care. If your family members plan to stay in the UK for a shorter duration, up to 6 months, they should consider applying for a Standard Visitor Visa instead.

To bring a family member to the UK on a Family Visa, you, as the sponsor, must meet certain criteria. These criteria include holding a valid immigration status in the UK, such as a visa that allows for the inclusion of dependant family members. Eligible sponsors can be UK or Irish citizens, individuals with settled status in the UK (Indefinite Leave to Remain or Settled Status), individuals with refugee status, or individuals with humanitarian protection.

There are several types of Family Visas available under the family visa route in the UK, including:

• UK partner and spouse visa
• Fiancé visa (fiancée or proposed civil partner visa)
• Child dependant visa
• Adult dependant relative visa
• PBS dependant visa
• Parent visa
• Ancestry visa
• Family Reunion visa
• EUSS Family Permit

Requirements for UK Family Visas UK family visa applications involve specific requirements that both the UK-based family member (the sponsor) and the family member coming to the UK must meet. The precise criteria vary depending on the type of visa you are applying for.

The sponsor must fulfill the following requirements:

• Hold a valid UK visa that permits dependants to join them, such as a work visa, study visa, or business visa. Note that some visas, like the Youth Mobility Scheme visa, do not allow dependants to accompany the holder and require separate applications.
• Be a UK or Irish citizen.
• Have settled status in the UK, which includes Indefinite Leave to Remain (ILR) or settled status.
• Be an EU national or a person from Switzerland, Norway, Iceland, or Liechtenstein who holds pre-settled status. It’s important to note that this status requires having started living in the UK prior to January 1st, 2021.
• Hold a Turkish Businessperson visa or Turkish Worker visa.
• Have refugee status in the UK.
• Possess humanitarian protection status in the UK.

The family member applying for a UK family visa must meet the following requirements:

• Qualify as your spouse, partner, fiancé, fiancée, proposed civil partner, child, parent, or relative for whom you will provide long-term care. More details on each category are provided below.
• Be financially dependent on you if applying as your child, meaning they do not lead an independent life, are not married, and live with you (except in cases where they will be attending university or boarding school).
• Demonstrate the ability to financially support themselves and their dependants in the UK. Please note that this financial requirement does not apply to children.
• Possess adequate knowledge of the English language.
• Have a clean criminal record and do not pose a threat to UK security.
• Seeking guidance from a family immigration solicitor is advisable to assess your eligibility for a family visa. They can provide comprehensive information about the required documentation, processing times for UK family visas, and associated fees.

UK Spouse Visa / Partner Visa The UK Spouse Visa and Partner Visa, part of the Family Visa UK program, allow eligible individuals to join their partner in the UK and enjoy the opportunity to live, work, and study in the country. To be eligible for this visa category:

• Applicants must either be in a civil partnership or marriage with their UK-based partner, or they should have been cohabiting with their UK-based partner in a committed relationship for a minimum of 2 years.
• Both the applicant and their UK-based partner are required to demonstrate an annual income of at least £18,600, with an additional £3,800 per year for their first child and £2,400 per year for each subsequent child. This financial requirement is a crucial aspect of the application.
• Applicants must also show evidence of English language proficiency at a minimum level of A1 on the Common European Framework of Reference for Languages (CEFR) scale.

Holders of Spouse/Partner Visas can initially stay in the UK for up to 2 years and 9 months. They have the option to extend their visa for an additional 2 years and 6 months. After this period, they may be eligible to apply for Indefinite Leave to Remain (ILR), which grants them permanent residency status in the UK.

Fiancé Visa The fiance visa allows an individual who is engaged or in a proposed civil partnership with an eligible person based in the UK to come to the UK for a period of up to 6 months in order to get married or enter into a civil partnership. It is important to note that the same English language and financial requirements mentioned earlier for the spouse/partner visa must also be satisfied when applying for the fiance visa. After the marriage or civil partnership has taken place with your UK-based partner, you can then proceed to apply for a full UK Partner and Spouse visa. As a holder of the Partner and Spouse visa, you will have the privilege of residing in the UK for an initial period of up to 2 years and 9 months. This visa can subsequently be extended for an additional 2 years and 6 months. Once you have completed this period, you will become eligible to apply for indefinite leave to remain (ILR), which is a step towards permanent residency in the UK.

Parent Visa Parent visas, offered within the Family visa scheme, allow a parent to reunite with and provide care for their child in the UK while also affording them the opportunity to live, work, and study in the country.

To apply for a parent visa, the child in question must be under 18 years of age or have been under 18 when their parent was initially granted leave and still not leading an independent life. The child must either:

• Be a British or Irish national.
• Have settled status in the UK.
• Possess pre-settled status under the EU settlement scheme.
• Have continuously resided in the UK for 7 years, and it would be deemed unreasonable for them to leave.
• Additionally, applicants for the parent visa must demonstrate that they have sole or shared parental responsibility for their child.
• Child visas are typically granted in accordance with the duration of their parent’s leave. Furthermore, these visas can be extended and can ultimately serve as a pathway to settlement (ILR).

Parent visa holders can stay in the UK for up to 2 years and 9 months initially, and this can be further extended for an additional 2 years and 6 months. After a cumulative period of 5 years, they can then apply for indefinite leave to remain (ILR).

Child Visa Child visas within the Family visa scheme facilitate the reunion of a child with their parent in the UK. It’s worth noting that children may not necessitate a family visa if at least one of their parents holds UK Indefinite Leave to Remain (ILR). In such cases, they may be eligible to apply directly for ILR.

The specific requirements for a child visa hinge on whether the child was born in the UK or elsewhere. If the child was born in the UK and is under the age of 18, they can be included as a dependent family member in their parent’s upcoming visa application, or they have the option to apply separately. In situations where the child was born in the UK and is over 18, they can still be added to their parent’s application provided they remain financially dependent on their UK-based parent.

For applicants born outside the UK, it is imperative to demonstrate their dependency on their UK-based parent(s) and confirm that they are neither married nor in a civil partnership.

Child visas are generally aligned with the duration of their parent’s leave. Furthermore, these visas can be extended and can potentially serve as a pathway to obtaining settlement (ILR).

Adult Dependant Relative Visa The adult dependant relative visa enables foreign relatives to come to the UK to receive long-term care from a parent, grandchild, brother, sister, son, or daughter who resides permanently in the UK.

Applicants for the adult dependant relative visa must be able to establish the following:

• They are 18 years of age or older.
• They require long-term care to assist with daily personal and household tasks due to illness, disability, or age.
• The necessary care is either unavailable or unaffordable in their home country.
• The individual who will be providing care in the UK has the means to support and accommodate them for a minimum of 5 years without relying on public funds.

Holders of adult dependant relative visas can remain in the UK for an indefinite period once granted the visa.

PBS Dependant Visa PBS Dependant Visas are designed to enable the partners and children of individuals holding eligible visas to join them in the UK. Eligible dependants may include:

• Married partners, civil partners, or unmarried partners (for unmarried partners, cohabitation for a minimum of 2 years is required).
• Children under the age of 18, which encompasses children born in the UK.
• Children over the age of 18, provided they remain financially dependent on you.

For dependants aged 16 or over, the following conditions apply:

• They must reside with you, unless they are away for full-time education at a boarding school, college, or university.
• They must not be married or in a civil partnership.
• They must not have children of their own.
• They should rely on you for financial support.

As a holder of a dependent visa, your family members can stay in the UK for the duration of the validity of your visa. If you choose to extend your visa, your dependants can also apply to extend their leave. Similarly, when you become eligible for Indefinite Leave to Remain (ILR), which signifies settlement, your dependants can apply for settlement as well, provided they meet the eligibility criteria.

Ancestry Visa The Ancestry Visa allows eligible foreign nationals to live, work, and study in the UK. To be eligible for an Ancestry Visa, applicants must meet the following criteria:

• They must be a Commonwealth citizen, a British overseas citizen, a British overseas territories citizen, a British national (overseas), or a citizen of Zimbabwe.
• They must be able to demonstrate that at least one of their grandparents was born in the UK, the Channel Islands, or the Isle of Man.

Initial Ancestry visa grants are typically valid for up to 5 years. After this period, visa holders have the option to further extend their visa or apply for settlement (Indefinite Leave to Remain, ILR).

Family Reunion Visa Within the framework of the Family Reunion visa program, you have the opportunity to bring your immediate family members to reside with you in the UK if you have been granted refugee status or humanitarian protection in the UK. As the individual bringing family members to the UK, you will act as their “sponsor.” A suitable sponsor is someone who: a) Is lawfully resident in the UK. b) Has not yet obtained British citizenship. c) Falls into one of the following immigration categories:

• Holds refugee status.
• Has been granted humanitarian protection status (a status held for at least 5 years).
• Has been admitted to the UK under the Gateway Protection Programme.
• Has been admitted to the UK under the Mandate Refugee Programme.
• Has been admitted to the UK under the Syrian Vulnerable Person Resettlement (VPR) program.

Only immediate dependent family members of a UK-based sponsor are eligible for the Family Reunion visa. This includes the sponsor’s dependent:

• Spouse or civil partner.
• Unmarried or same-sex partner.
• Child.
• Adopted children.

Family Reunion visa holders have the option to extend their leave and apply for Indefinite Leave to Remain (ILR) when they meet the eligibility criteria.

EUSS Family Permit The EU Settlement Scheme (EUSS) Family Permit program allows an individual to come to the UK if they are a family member of someone from the EU, Switzerland, Norway, Iceland, or Liechtenstein. EUSS Family Permits ensure that holders can travel to the UK, gain entry upon arrival, and reunite with their family members without the risk of refusal.

To successfully apply for an EUSS Family Permit, your family member must have been residing in the UK by the end of 2020.

EUSS Family Permit holders can remain in the UK for a duration of up to 6 months and are permitted to engage in travel, study, and work during this period. If you intend to extend your stay, you will need to apply under the EU Settlement Scheme. Eligible applicants under the EUSS will be granted pre-settled status, allowing them to stay for up to 5 years, with the possibility of obtaining full settled status (settlement).

In the event that your family visa application is denied, it’s important to note that refusals can occur for various reasons, which may include: The Home Office not being convinced of the authenticity of your relationship.

• Failure to meet the financial requirements.
• Inadequate accommodation on the part of the UK-based sponsor.
• Omission of necessary information or documents in your application.
• Ineligibility for the visa.
• The presence of unspent criminal convictions on the applicant’s record.

We recognize that receiving a rejection letter from the Home Office can be a source of great concern and distress. Our specialized family immigration solicitors can promptly evaluate the grounds for refusal and recommend the most appropriate course of action to achieve a favorable outcome. Depending on the specific circumstances, our recommendations may encompass submitting a fresh application, initiating an appeal, pursuing an administrative review or judicial review, or exploring alternative visa options.

For guidance on the process of bringing your family to the UK and securing a UK visa for your family members, we encourage you to reach out to our immigration lawyers. We offer a complimentary telephone consultation, which you can arrange by contacting us at 020 7183 6904 or via email at info@arammlegal.com.

To obtain a work visa or work permit for the UK, the typical requirement is to secure a job offer from an employer holding a sponsor license. Nevertheless, there are exceptions to this rule, which include the high potential individual (HPI) visa and the graduate visa, as outlined below. Following Brexit, EU nationals who intend to work in the UK must also apply for a work visa or work permit. However, it’s worth noting that EU nationals holding Pre-Settled or Settled Status under the EU settlement scheme do not need a work visa or permit to engage in employment in the UK.

There exist various categories of UK work visas and work permits, including the following:

• Skilled worker visa
• Scale-up visa
• Temporary worker visa
• Global business mobility visa
• High potential individual visa
• Graduate visa
• Ancestry visa
• Global talent visa
• UK ancestry visa

Skilled Worker Visa The Skilled Worker visa serves as a sponsored employment visa pathway that allows skilled foreign individuals to work in the UK, effectively replacing the previous Tier 2 (general) visa. To be eligible for a Skilled Worker visa, applicants must accumulate the required points based on the Home Office’s points-based system (PBS) by fulfilling the following criteria:

• Having a job offer from a licensed sponsor.
• Possessing a Certificate of Sponsorship (CoS)
• Occupying a role on the list of eligible occupations.
• Meeting the minimum salary thresholds (£25,600 or the ‘going rate’ for the specific occupation, with potential variations based on individual circumstances such as job shortages, age under 26, or holding a Ph.D.)
• Satisfying the English language proficiency requirements.

Typically, Skilled Worker visa holders are granted permission to stay in the UK for a maximum of 5 years. Subsequently, they may apply for an extension of their stay. After accumulating 5 continuous years in the UK, individuals also can secure permanent settlement status (Indefinite Leave to Remain or ILR).

Health and Care Worker Visa The Health and Care Worker visa closely resembles the Skilled Worker visa, catering specifically to qualified doctors, nurses, health professionals, and adult social care professionals who are sponsored by licensed employers in the health and care sector within the UK. Applicants for the Health and Care Worker visa must hold eligible job roles and meet the associated salary requirements

Scale Up Visa The Scale Up visa is an innovative immigration pathway set to launch on August 22, 2022. It is designed for foreign nationals possessing advanced skills or qualifications and securing job sponsorship from a UK-based company in the scale-up phase (growth phase). Two options are anticipated under the Scale Up visa: sponsored and unsponsored. Prospective applicants for the Scale-Up visa in 2022 are likely to be required to fulfill the following criteria:

• Demonstrating a high level of skills or being deemed “academically elite.”
• Initially requiring a Certificate of Sponsorship (sponsors may not be required for those who had prior permission as Scale-Up workers). Securing a job offer from a Scale-Up company, characterized by annual staff or turnover growth of at least 20% over the previous 3 years.
• Receiving a minimum salary of £33,000 or higher.
• Possessing a satisfactory level of English language proficiency.

Additionally, it is expected that the Scale Up visa will be renewable, allowing for further extensions. After accumulating 5 consecutive years of residence in the UK, visa holders will have the opportunity to apply for settlement (Indefinite Leave to Remain or ILR).

Temporary Worker Visa Temporary Worker visas grant foreign nationals the opportunity to work in the UK for a limited period, but only for designated purposes. Various categories of Temporary Worker visas are available in the UK, including:

• Charity Worker visa
• Creative Worker visa
• Government Authorised Exchange visa
• International Agreement visa
• Religious Worker visa
• Seasonal Worker visa

The duration of Temporary Worker visas typically ranges from 3 months to 2 years, depending on the specific visa chosen. Generally, applicants must be at least 18 years old, hold a job offer, possess a Certificate of Sponsorship (CoS) from a licensed temporary worker sponsor, and demonstrate adequate financial resources to support themselves (at least £1,270). It is essential to review the precise eligibility criteria associated with your selected visa category. Extensions are available for Temporary Worker visas, but it is important to note that there is often a maximum allowable length of stay. While permanent employment in the UK is not permitted on a temporary visa, it may be possible to switch to another visa type that allows for this, such as a Skilled Worker visa. Temporary Worker visas do not offer a direct path to settlement, but it may be feasible to transition to a different visa category that qualifies for Indefinite Leave to Remain (ILR).

Global Business Mobility Visa The Global Business Mobility visa scheme, introduced in 2022, encompasses five new visas designed to facilitate the operations of overseas businesses in the UK. Visas within this scheme enable existing employees of foreign businesses to work in the UK for a domestic business or, in the case of the Expansion visa, to establish a new branch or subsidiary. The new visas in this category include:

• Senior or Specialist Worker visa (replacing the Intra-Company Transfer Visa)
• Graduate Trainee visa (replacing the Intra-Company Transfer Graduate Visa)
• UK Expansion Worker visa (replacing the existing Sole Representative of an Overseas Business Visa)
• Secondment Worker visa
• Service Supplier visa

Applicants for the Global Business Mobility visa must hold a Certificate of Sponsorship and meet specific criteria relevant to their chosen visa type. The permitted duration of stay under this scheme varies, ranging from 6 months (for the Service Supplier visa) to 5 years (for a Senior or Specialist Worker visa). In most cases, extensions for Global Business Mobility visas are possible, but they must adhere to the maximum allowable length of stay. While none of the Global Business Mobility visas offer a direct pathway to settlement, it may be feasible to switch to another visa category that qualifies for Indefinite Leave to Remain (ILR)

How to Obtain a UK Work Permit Without a Job Offer Securing a work visa or work permit in the UK without a job offer is achievable through the High Potential Individual visa, Graduate visa, or Global Talent visa routes. While these visas do not necessitate a job offer, successful applicants must meet specific criteria to qualify for an unsponsored work visa in the UK.

High Potential Individual Visa The High Potential Individual visa (HPI) is a newly established pathway introduced on May 30, 2022. It caters to foreign nationals possessing a recent ‘degree-level’ qualification from a reputable university featured on the Home Office’s global universities list. HPI visa applicants do not need to have a job offer and have the freedom to seek employment upon arrival. To be eligible, applicants must be at least 18 years old, hold a foreign degree from an educational institution listed in the Global Universities List obtained within the last 5 years, meet English language proficiency requirements, and demonstrate sufficient financial resources amounting to at least £1,270.

High Potential Individual visa holders are typically permitted to stay in the UK for up to 2 years (or 3 years for Ph.D. holders). Nevertheless, the option for extension is unavailable. Additionally, obtaining Indefinite Leave to Remain (ILR) is not possible as a High Potential Individual visa holder. Those seeking to prolong their stay or settle in the UK must explore alternative visa categories, such as the Skilled Worker visa.

Graduate Visa The UK Graduate Visa is designed for foreign nationals who have successfully completed a degree or post-graduate program in the UK, granting them an additional 2 years in the country (or 3 years for Ph.D. holders). Applicants for the Graduate Visa must submit their applications from within the UK, possess an existing student visa or Tier 4 student visa, and have fulfilled the requirements of a bachelor’s or post-graduate degree program in the UK. It’s important to note that Graduate Visa holders are not eligible for visa extensions or settlement. However, they do have the option to transition to a different visa category if they wish to prolong their stay in the UK.

Global Talent Visa The Global Talent Visa targets foreign nationals recognized as leaders or potential leaders in fields such as academia, research, arts and culture, or digital technology. To be eligible for the Global Talent Visa, applicants must be at least 18 years old and hold an endorsement as a leader or potential leader from an accredited endorsing body. Successful Global Talent Visa applicants are typically authorized to remain in the UK for up to 5 years, with the possibility of further extensions. Moreover, Global Talent Visa holders can apply for permanent settlement (Indefinite Leave to Remain or ILR) after either 3 or 5 years. To qualify for accelerated settlement after 3 years, Global Talent Visa holders must have received endorsements from prestigious organizations such as the British Academy, the Royal Academy of Engineering, the Royal Society, UK Research and Innovation, Arts Council England, or Tech Nation.

Youth mobility scheme Visa The Youth Mobility Scheme UK visa, formerly known as the Tier 5 Youth Mobility visa, is specifically designed for individuals from eligible countries who are aged between 18 and 30 and aspire to reside and work in the United Kingdom.

The application process is uncomplicated, and successful applicants are granted permission to stay in the UK for a maximum of 2 years. For those who wish to extend their stay in the UK beyond this period, there is the option to apply for a different visa category, such as a student visa, skilled worker visa, or UK start-up visa.

The advantages of the Youth Mobility Scheme UK visa encompass the following:

• Reside in the UK for a duration of up to 2 years.
• Exercise the freedom to leave and re-enter the UK at your discretion throughout your stay.
• Pursue employment opportunities in various sectors (with limited restrictions on the types of employment allowed under this visa).
• Engage in educational pursuits.
• Establish self-employment and initiate a company within the UK (provided that specific conditions are met, including the absence of employees, the use of rented premises, and the possession of equipment valued at less than £5,000).

It is essential to bear in mind that if you reach the age of 31 while already in the UK on a Youth Mobility Scheme visa, you are still eligible to remain in the country for the remaining duration of your visa.

UK Ancestry Visa The UK Ancestry Visa is designed for individuals who are Commonwealth citizens, British Overseas citizens or nationals, British Overseas Territories citizens, British nationals (overseas), or citizens of Zimbabwe. To qualify, applicants must have at least one grandparent who was born in the UK, the Channel Islands, or the Isle of Man. Holders of the Ancestry Visa are permitted to stay in the UK for a duration of up to 5 years, after which they may apply for Indefinite Leave to Remain (ILR). Eligibility for the Ancestry Visa stipulates that applicants must be aged 17 or older. They must apply from outside the UK, furnish evidence of their grandparents’ UK birth, express an intention to work in the UK, and demonstrate sufficient financial means to support themselves and any dependents.

Other UK Work Permits Beyond the aforementioned work visas and permits, there exist several other immigration pathways that grant individuals the right to work in the UK. These include the Frontier Worker permit, Dependant Family permit, Overseas Domestic Worker visa, British National (Overseas) visa, and Youth Mobility Scheme visa. For those seeking employment in the UK, alternative options include business visas like the Innovator visa or Start-up visa, which allow individuals to establish and operate their own innovative businesses in the country. If you find yourself uncertain about the most suitable work visa route for your specific circumstances, or if you’re seeking guidance on how to obtain a work visa in the UK and determine your eligibility, we encourage you to consult with an immigration lawyer at Reiss Edwards who can provide tailored advice based on your individual needs.

References:

• GOV.UK: Skilled Worker visa: eligible occupations
• GOV.UK: Skilled Worker visa: going rates for eligible occupations
• GOV.UK: Skilled Worker visa: shortage occupations

A UK business visa permits individuals to enter the UK for the specific purpose of conducting activities related to an overseas business. The current UK immigration regulations offer various types of business visas, including:

Business visitor visa

Short-term business visa

Innovator visa

Start-up visa

Global Business Mobility visas, including:

• Senior or Specialist Worker visa
• Graduate Trainee visa
• Secondment Worker visa
• Service Supplier visa

It’s important to be aware that significant changes have occurred in the business immigration rules in recent years. This means that the Tier 1 entrepreneur visa, Investor visa, Intra-Company Transfer (ICT) visa, and Sole Representative visa are no longer open to new applicants. Nevertheless, current visa holders are still eligible to extend their stay or apply for Indefinite Leave to Remain (ILR) if they meet the requisite criteria. There are replacements available for most of the aforementioned visa categories.

In the forthcoming article, we will provide a comprehensive overview of the purpose, advantages, and visa prerequisites for the various UK business immigration pathways.

Skilled Worker Visa The Skilled Worker visa serves as a sponsored employment visa pathway that allows skilled foreign individuals to work in the UK, effectively replacing the previous Tier 2 (general) visa. To be eligible for a Skilled Worker visa, applicants must accumulate the required points based on the Home Office’s points-based system (PBS) by fulfilling the following criteria:

• Having a job offer from a licensed sponsor.
• Possessing a Certificate of Sponsorship (CoS)
• Occupying a role on the list of eligible occupations.
• Meeting the minimum salary thresholds (£25,600 or the ‘going rate’ for the specific occupation, with potential variations based on individual circumstances such as job shortages, age under 26, or holding a Ph.D.)
• Satisfying the English language proficiency requirements.

Typically, Skilled Worker visa holders are granted permission to stay in the UK for a maximum of 5 years. Subsequently, they may apply for an extension of their stay. After accumulating 5 continuous years in the UK, individuals also can secure permanent settlement status (Indefinite Leave to Remain or ILR).

Health and Care Worker Visa The Health and Care Worker visa closely resembles the Skilled Worker visa, catering specifically to qualified doctors, nurses, health professionals, and adult social care professionals who are sponsored by licensed employers in the health and care sector within the UK. Applicants for the Health and Care Worker visa must hold eligible job roles and meet the associated salary requirements

Scale Up Visa The Scale Up visa is an innovative immigration pathway set to launch on August 22, 2022. It is designed for foreign nationals possessing advanced skills or qualifications and securing job sponsorship from a UK-based company in the scale-up phase (growth phase). Two options are anticipated under the Scale Up visa: sponsored and unsponsored. Prospective applicants for the Scale-Up visa in 2022 are likely to be required to fulfill the following criteria:

• Demonstrating a high level of skills or being deemed “academically elite.”
• Initially requiring a Certificate of Sponsorship (sponsors may not be required for those who had prior permission as Scale-Up workers). Securing a job offer from a Scale-Up company, characterized by annual staff or turnover growth of at least 20% over the previous 3 years.
• Receiving a minimum salary of £33,000 or higher.
• Possessing a satisfactory level of English language proficiency.

Additionally, it is expected that the Scale Up visa will be renewable, allowing for further extensions. After accumulating 5 consecutive years of residence in the UK, visa holders will have the opportunity to apply for settlement (Indefinite Leave to Remain or ILR).

Temporary Worker Visa Temporary Worker visas grant foreign nationals the opportunity to work in the UK for a limited period, but only for designated purposes. Various categories of Temporary Worker visas are available in the UK, including:

• Charity Worker visa
• Creative Worker visa
• Government Authorised Exchange visa
• International Agreement visa
• Religious Worker visa
• Seasonal Worker visa

The duration of Temporary Worker visas typically ranges from 3 months to 2 years, depending on the specific visa chosen. Generally, applicants must be at least 18 years old, hold a job offer, possess a Certificate of Sponsorship (CoS) from a licensed temporary worker sponsor, and demonstrate adequate financial resources to support themselves (at least £1,270). It is essential to review the precise eligibility criteria associated with your selected visa category. Extensions are available for Temporary Worker visas, but it is important to note that there is often a maximum allowable length of stay. While permanent employment in the UK is not permitted on a temporary visa, it may be possible to switch to another visa type that allows for this, such as a Skilled Worker visa. Temporary Worker visas do not offer a direct path to settlement, but it may be feasible to transition to a different visa category that qualifies for Indefinite Leave to Remain (ILR).

Global Business Mobility Visa The Global Business Mobility visa scheme, introduced in 2022, encompasses five new visas designed to facilitate the operations of overseas businesses in the UK. Visas within this scheme enable existing employees of foreign businesses to work in the UK for a domestic business or, in the case of the Expansion visa, to establish a new branch or subsidiary. The new visas in this category include:

• Senior or Specialist Worker visa (replacing the Intra-Company Transfer Visa)
• Graduate Trainee visa (replacing the Intra-Company Transfer Graduate Visa)
• UK Expansion Worker visa (replacing the existing Sole Representative of an Overseas Business Visa)
• Secondment Worker visa
• Service Supplier visa

Applicants for the Global Business Mobility visa must hold a Certificate of Sponsorship and meet specific criteria relevant to their chosen visa type. The permitted duration of stay under this scheme varies, ranging from 6 months (for the Service Supplier visa) to 5 years (for a Senior or Specialist Worker visa). In most cases, extensions for Global Business Mobility visas are possible, but they must adhere to the maximum allowable length of stay. While none of the Global Business Mobility visas offer a direct pathway to settlement, it may be feasible to switch to another visa category that qualifies for Indefinite Leave to Remain (ILR)

How to Obtain a UK Work Permit Without a Job Offer Securing a work visa or work permit in the UK without a job offer is achievable through the High Potential Individual visa, Graduate visa, or Global Talent visa routes. While these visas do not necessitate a job offer, successful applicants must meet specific criteria to qualify for an unsponsored work visa in the UK.

High Potential Individual Visa The High Potential Individual visa (HPI) is a newly established pathway introduced on May 30, 2022. It caters to foreign nationals possessing a recent ‘degree-level’ qualification from a reputable university featured on the Home Office’s global universities list. HPI visa applicants do not need to have a job offer and have the freedom to seek employment upon arrival. To be eligible, applicants must be at least 18 years old, hold a foreign degree from an educational institution listed in the Global Universities List obtained within the last 5 years, meet English language proficiency requirements, and demonstrate sufficient financial resources amounting to at least £1,270.

High Potential Individual visa holders are typically permitted to stay in the UK for up to 2 years (or 3 years for Ph.D. holders). Nevertheless, the option for extension is unavailable. Additionally, obtaining Indefinite Leave to Remain (ILR) is not possible as a High Potential Individual visa holder. Those seeking to prolong their stay or settle in the UK must explore alternative visa categories, such as the Skilled Worker visa.

Graduate Visa The UK Graduate Visa is designed for foreign nationals who have successfully completed a degree or post-graduate program in the UK, granting them an additional 2 years in the country (or 3 years for Ph.D. holders). Applicants for the Graduate Visa must submit their applications from within the UK, possess an existing student visa or Tier 4 student visa, and have fulfilled the requirements of a bachelor’s or post-graduate degree program in the UK. It’s important to note that Graduate Visa holders are not eligible for visa extensions or settlement. However, they do have the option to transition to a different visa category if they wish to prolong their stay in the UK.

Global Talent Visa The Global Talent Visa targets foreign nationals recognized as leaders or potential leaders in fields such as academia, research, arts and culture, or digital technology. To be eligible for the Global Talent Visa, applicants must be at least 18 years old and hold an endorsement as a leader or potential leader from an accredited endorsing body. Successful Global Talent Visa applicants are typically authorized to remain in the UK for up to 5 years, with the possibility of further extensions. Moreover, Global Talent Visa holders can apply for permanent settlement (Indefinite Leave to Remain or ILR) after either 3 or 5 years. To qualify for accelerated settlement after 3 years, Global Talent Visa holders must have received endorsements from prestigious organizations such as the British Academy, the Royal Academy of Engineering, the Royal Society, UK Research and Innovation, Arts Council England, or Tech Nation.

Youth mobility scheme Visa The Youth Mobility Scheme UK visa, formerly known as the Tier 5 Youth Mobility visa, is specifically designed for individuals from eligible countries who are aged between 18 and 30 and aspire to reside and work in the United Kingdom.

The application process is uncomplicated, and successful applicants are granted permission to stay in the UK for a maximum of 2 years. For those who wish to extend their stay in the UK beyond this period, there is the option to apply for a different visa category, such as a student visa, skilled worker visa, or UK start-up visa.

The advantages of the Youth Mobility Scheme UK visa encompass the following:

• Reside in the UK for a duration of up to 2 years.
• Exercise the freedom to leave and re-enter the UK at your discretion throughout your stay.
• Pursue employment opportunities in various sectors (with limited restrictions on the types of employment allowed under this visa).
• Engage in educational pursuits.
• Establish self-employment and initiate a company within the UK (provided that specific conditions are met, including the absence of employees, the use of rented premises, and the possession of equipment valued at less than £5,000).

It is essential to bear in mind that if you reach the age of 31 while already in the UK on a Youth Mobility Scheme visa, you are still eligible to remain in the country for the remaining duration of your visa.

UK Ancestry Visa The UK Ancestry Visa is designed for individuals who are Commonwealth citizens, British Overseas citizens or nationals, British Overseas Territories citizens, British nationals (overseas), or citizens of Zimbabwe. To qualify, applicants must have at least one grandparent who was born in the UK, the Channel Islands, or the Isle of Man. Holders of the Ancestry Visa are permitted to stay in the UK for a duration of up to 5 years, after which they may apply for Indefinite Leave to Remain (ILR). Eligibility for the Ancestry Visa stipulates that applicants must be aged 17 or older. They must apply from outside the UK, furnish evidence of their grandparents’ UK birth, express an intention to work in the UK, and demonstrate sufficient financial means to support themselves and any dependents.

Other UK Work Permits Beyond the aforementioned work visas and permits, there exist several other immigration pathways that grant individuals the right to work in the UK. These include the Frontier Worker permit, Dependant Family permit, Overseas Domestic Worker visa, British National (Overseas) visa, and Youth Mobility Scheme visa. For those seeking employment in the UK, alternative options include business visas like the Innovator visa or Start-up visa, which allow individuals to establish and operate their own innovative businesses in the country. If you find yourself uncertain about the most suitable work visa route for your specific circumstances, or if you’re seeking guidance on how to obtain a work visa in the UK and determine your eligibility, we encourage you to consult with an immigration lawyer at Reiss Edwards who can provide tailored advice based on your individual needs.

References:

• GOV.UK: Skilled Worker visa: eligible occupations
• GOV.UK: Skilled Worker visa: going rates for eligible occupations
• GOV.UK: Skilled Worker visa: shortage occupations

British citizenship gives you the right to remain in the UK for the rest of your life, with unrestricted living, working, and studying in the UK, access to welfare benefits, to apply for a British passport, and access the NHS at no cost. These are the same rights held by a British national.

With British citizenship you can apply for a British passport, and you break free from immigration constraints, permitting you to travel into and out of the UK freely without the need for a visa.

You can gain citizenship in several ways, including by birth, descent, marriage, or naturalisation. Whereas Indefinite Leave to Remain (ILR) can be lost if you spend 2 or more continuous years outside the UK, you cannot lose citizenship in this situation. While citizenship can be cancelled, this only happens in the most serious of circumstances. For example, if a person represents a serious threat to the UK.

The main ways to get UK citizenship are:

• British citizenship by naturalisation
• British citizenship by descent
• British citizenship by birth
• British citizenship by marriage
• Settled status to UK citizenship

Eligibility Criteria for applying British Citizenship According to the British Nationality Act, a number of criteria must be met in order to gain UK citizenship through naturalisation. UK Naturalisation is the process whereby a person from another country gains citizenship in the UK. These requirements are as follows (the exact requirements you need depend on the route you choose):

• be over 18
• have been in the UK for the required qualifying time. This depends on the route to citizenship you choose but is typically 3 or 5 years.
• have lived in the UK for at least 12 months after gaining settlement. This does not apply if you are applying based on your marriage, civil partnership, or relationship with a British national.
• meet the continuous residence requirements
• meet the language requirements
• be of sound mind so that you understand the step you are taking have passed the life in the UK test
• intend to continue living in the UK once you become a UK citizen be of good character
• not have breached the immigration rules

A decision on your British Citizenship application typically takes about 6 months. Simple cases may even see approval within 1-3 months, though complex situations or missing information might extend the timeline.

While waiting for a decision on your citizenship application, you can still travel in and out of the country according to your current immigration permission conditions. In the unfortunate event of a refusal, there’s often room for appeal, depending on the circumstances outlined in your refusal letter. In such cases, rest assured that alternative options are often available.

If you need assistance with your citizenship application or have faced refusal, reach out to our expert immigration consultants at Aramm Legal, either by phone at 020 7183 6904 or via email at info@arammlegal.com.

Permanent residency (PR) status in the United Kingdom entails the ability to live, work, and study in the country indefinitely, without the necessity of applying for a new visa. It is also referred to as Indefinite Leave to Remain (ILR). The primary eligibility criterion for UK PR is typically continuous residence in the UK for a minimum of 5 years. However, the specific duration required for obtaining UK PR status varies depending on the type of UK visa you hold.

For instance, individuals holding the Innovator Founder Visa or the Global Talent Visa may qualify for UK PR (ILR) after just 3 years. The most common immigration routes leading to UK residency are as follows:

• Family visa: 5 years
• Work visa: 5 years
• Business visa: 3 to 5 years
• Long residence to ILR: 10 years

Please note that this list of pathways to attain PR in the UK for both EU and non-EU nationals is not exhaustive. To explore the available options for you and your family, feel free to contact our immigration solicitors for a complimentary consultation at 020 7183 6904 or via email at info@arammlegal.com

PR in the UK as a family member of a settled person or UK citizen: If you are a family member of an individual who has settled in the UK, you may qualify for permanent residence in the country. Eligible family members include partners or spouses, children, and dependent relatives requiring care. A settled person refers to someone who has acquired permanent residence in the UK or is a British citizen.

Some of the commonly pursued family visas that can lead to PR in the UK include:

• Spouse visa: 2 or 5 years
• Child visa: as soon as a parent attains permanent residencys
• Adult dependent relative visa: as soon as your UK-based caregiver achieves permanent residency

To submit a successful application for permanent residence in the UK as a family member of a settled person or British citizen, you must:

• Have resided in the UK for either 2 or 5 years (depending on whether you’re applying as a spouse visa holder) or have an immediate family member with permanent residency (if applying as a child or adult dependent).
• Satisfy the relationship requirements (e.g., partners must still be residing with their spouse, civil partner, or unmarried partner).
• Pass the Life in the UK test.
• Fulfill the English language proficiency criteria.