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 (or 12 months if you will be accompanying an academic visitor) as long as you:

• are 18 or over;
• 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;
• are not in transit to a country outside the “Common Travel Area” (Ireland, the UK, the Isle of Man and the Channel Islands;
• 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 also

• be based abroad and have no intention of transferring their base to the UK, even temporarily;
• not be replacing someone in the UK, including for temporary leave periods;
• 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 UK’s points-based system. This places different types of workers into categories and has different eligibility requirements for each.

Tier 1: High-value migrants

If you are an investor, an entrepreneur or are adjudged to be “exceptionally talented” (ie, recognised, or have the potential to be recognised, a leader in the fields of science and/ or the arts), 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: 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).

There are four categories of skilled worker under the points-based system:

• General - foreign nationals who have been offered a skilled job to fill a gap in the workforce that cannot be filled by a settled worker.
• Minister of religion - people who have been offered employment or posts or roles within their faith communities in the UK as: ministers of religion undertaking preaching and pastoral work; missionaries; or members of religious orders.
• Sportsperson - for elite, internationally established sportspeople and coaches who will make a significant contribution to the development of their sport. The application needs to be endorsed by your sport's governing body.
• Intra company transfer - employees of multinational companies who are being transferred by their overseas employer to a UK branch of the organisation.

From 6 April 2012 to 5 April 2013, a maximum of 20,700 skilled workers can come to the UK under Tier 2 (General) to do jobs with an annual salary below £150,000. There is no limit on the number of workers coming to the UK to do jobs with an annual salary of £150,000 or above.

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

All those from outside Europe who want to study in the UK must apply either as an adult or child student. There are various different categories for foreign students; the one you pick will depend on your age, and on the length and level of the course you want to study. Current categories are:

• Tier 4 (Child) - you can apply under the points-based system if you are between 4 and 17 years old. If you are between 4 and 15 years old, you must be coming to the UK to be educated at an independent fee-paying school.
• Child visitor - You can apply if you are under 18 and you want to study in the UK for up to six months. If you succeed in this category and then want to stay as a Tier 4 (Child) student, you’ll need to leave the UK and apply from the country where you live.
• Tier 4 (General) - you can apply as an adult student under the points-based system if you are coming to the UK for your post-16 education.
• Student visitor - you can apply if you are 18 or over and want to study in the UK for up to six months (or up to 11 months to take an English Language course), and you do not want to work while you are here.
• Prospective student - you can apply if you want to come to the UK to help finalise the arrangements for your Tier 4 course of study (eg, by attending an interview at a university which has made you a conditional offer).You can switch into the Tier 4 (General) or Tier 4 (Child) category while you are in the UK.

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. Since 9 July 2012 if you wish to remain in the UK on the basis of your family or private life you must apply under one of the family or partner routes (see www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/73-family-private 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.

Getting legal advice

Need help finding an immigration solicitor near you? LawyerLocator covers all of the UK from major cities like London, Manchester and Birmingham to small towns in the countryside.

Useful Links

UK Home Office - Tier 4 migrant guidance
UK Home Office - Working in the UK other categories
UK Home Office - Visas and immigration

Useful articles

I need help with immigration
Becoming a British citizen
Claiming asylum