Overview of immigration to the UK

Various different rules and criteria apply depending on whether you want to visit, work/ study in or permanently settle in the UK. 

Visiting the UK

Most foreign visitors to the UK, apart from some EU, European Economic Area (EEA) and commonwealth nationals, will need a visa (use the questionnaire at www.ukvisas.gov.uk/en to see if you need one). If you are a general visitor you are allowed to stay in the UK for up to six months as long as you:

• have enough money for your return/ onward trip
• can support and accommodate yourself without working or needing public funds;
• do not intend to charge members of the public for services provided or goods received;
• don’t intend to study here; and
• don’t plan to marry or receive private medical treatment during your stay.

Business visitors can also stay for up to six months (academic visitors up to 12 months) if they abide by above conditions. In addition, you must be

• based abroad and have no intention of transferring their base to the UK, even temporarily;
• receive your salary from abroad.

Working and studying in the UK

If you’re a foreign national who wants to come and work in the UK you have to apply using the new points-based system. This places different types of workers into categories and has different eligibility requirements for each.

Tier 1: Highly skilled workers, investors and entrepreneurs

If you are a highly skilled worker, investor, entrepreneur or foreign student who has graduated from a UK university, you do not need a specific job offer to come and work in the UK, but you need to pass the points-based assessment to be eligible to apply. You’re awarded points based on your qualifications, previous earnings, UK experience, age, English language skills, and available maintenance (funds). 

Tier 2: sponsored skilled workers

If you have a job offer from a UK-based employer who is prepared to sponsor you, you can apply for permission to enter or stay in the UK for up to three years and one month (although this can be extended on application). You will need:

• a sponsor; and
• a valid certificate of sponsorship.

When you apply you are awarded points based on your qualifications; future expected earnings; sponsorship; English language skills; and available maintenance (funds).  

Tier 5: temporary workers

Foreign nationals can come and do temporary work in the UK as long as it is of a type allowed by the UK Border Agency. Qualifying temporary workers includes those in the fields of entertainment/ sport; charity and religion and those here on government authorised exchange or by international agreement. You can stay in the UK for either one or two years (depending on the category) and must have a job offer from a licensed sponsor, a valid certificate of sponsorship and pass the points-based assessment to be eligible to apply.

Tier 5 also includes the youth mobility scheme which is for young people from participating countries (currently Australia; Canada; Japan; and New Zealand) who would like to experience life in the UK. Under the youth mobility scheme, your national government is your sponsor.

Other categories

Other work-based categories available to people wanting to come to the UK to work include clinical attachments and dental observer posts, domestic workers, entertainers, film crew on location, overseas qualified doctors taking the PLAB test, postgraduate doctors and dentists and sole representatives of overseas firms. Different criteria and maximum lengths of stay apply for each (see www.ukba.homeoffice.gov.uk/workingintheuk/othercategories for more details). 

Tier 4: studying in UK

From 31 March 2009, all students must apply either as an adult or child student. New guidance for potential students is available at www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/Tier4migrantguidance.pdf

UK residency

If you are a citizen of a Commonwealth country, have UK ancestry or have previously lived here, you may already have the right to settle permanently in the UK. It may be possible for partners and children of permanent residents to join them here too (see www.ukba.homeoffice.gov.uk/ukresidency/eligibility/partnersandchildren for more details).

If you wish to apply for permission to settle in the UK permanently (ie be given ‘indefinite leave to remain’), you will need to show you have enough knowledge of language and life here. Depending on the category of visa you have, you can apply to live in the UK permanently after you have lived here legally for a certain length of time (usually between two and five years). 

British citizenship

If you are over 18 and have been living in the UK for the last five years (or three years if you are married to or a civil partner of a British citizen) you may be able to apply for naturalisation as a British citizen. There are seven requirements you need to meet before you apply:

• you’re aged 18 or over; and
• you’re of sound mind; and
• you plan to continue to live in the UK, or to continue in crown service, the service of an international organisation of which the UK is a member, or the service of a company or association established in the UK; and
• you can communicate in English, Welsh or Scottish Gaelic to an acceptable degree; and
• you have sufficient knowledge of life in the UK; and
• you are of good character; and
• you meet the residential requirements.