Great Britain is popular for tourism, great living conditions, job opportunities, and a lot more. As a result, it is among the most popular immigrant destinations. The UK immigration law grants over half a million resident permits for foreign nationals to stay in the island countries every year. However, the vetting process is strict since many want to immigrate to the UK. As a result, you must adhere to the stipulated guidelines to avoid getting rejected. There are many legal immigration routes and procedures. We have outlined and reviewed the top options for our readers. Let's get right to it…
Why Foreigners Should Immigrate to The UK
There are a million reasons to immigrate to the UK. The most common reasons are tourism, a thriving, investment-friendly economy, great neighborhoods, access to high-quality education and healthcare, rewarding job and business opportunities, and social benefits. Although not all UK immigration routes can qualify you for all of these, you can have everything you need as long as you are a legal immigrant. Let's find out how to immigrate to the UK legally.
How to Immigrate to The UK
Many foreign nationals travel to the UK for tourism. These tourist and visitor visas allow foreigners to stay in the country for no longer than six months. Moreover, if you’re looking to stay longer than this, you need a visa that comes with a residence permit. This residence permit can be obtained from the Home office. It permits holders to live, study, and work in the UK for at least one year. The privileges you can access in the United Kingdom depend on your visa type and permit. Let us discuss each permit and visa type.
Types of UK Residence Permits
The most common resident permits for UK immigrants are the Leave to Remain (LR) and the Indefinite Leave to Remain (ILR). Other types that apply to special circumstances are explained as well. There are as follows:
1. Leave to Remain
The Leave to Remain is a British Residence Permit that allows foreign nationals to live in the UK for a limited duration and a specific purpose. It is the basic permit that comes with all successful visa applications. Holders of this residence permit are subject to immigration control and must adhere to specified conditions. For example, it is crucial to leave the UK, apply for another visa, or extend your visa (based on your eligibility) before your leave expires. This category of residence permits has two sub-categories: the limited leave to remain and the further leave to remain (FLR).
The Limited Leave to Remain allows holders to live in the UK subject to certain conditions as to what they can do during their stay. For instance, an immigrant with a Skilled Worker visa can live in the UK for five years, working an eligible job before applying for an ILR or FLR. They can study in most universities, bring in immediate family members, take on additional work with their employer, and travel overseas. However, they do not have access to public benefits and cannot change jobs or employers.
Meanwhile, the FLR is a temporary renewal or extension of an existing visa (in most cases, Limited Leave to Remain). However, not all visas are eligible for this extension. A perfect example of this permit is when study visas are extended for degree graduates looking to take a master' s-level course, while visitor visas cannot be renewed for an FLR.
2. Indefinite Leave to Remain (ILR)
The ILR is similar to FLR because you get it from upgrading your visa. This residency permit allows holders to stay in UK permanently. It comes with access to more public amenities and very few restrictions. The best part of getting this is that it brings you closer to UK citizenship. Although it does not expire or require renewal, you can lose your ILR if you leave the UK for over two consecutive years.
The Indefinite Leave to Remain permit is for permanent settlement in the UK. Also, like the FLR, not all UK visas will allow you to apply for an ILR. Furthermore, Holders can study, work, access healthcare, access some benefits, and travel in and out of the country freely. To get this, you must have stayed in the UK for at least five years on a temporary permit and adhered to the prescribed guidelines associated with your visa during your stay. In some cases, you can get a faster track to ILR in three years. A Global Talent visa can help you achieve this.
3. Leave Outside The Rules (LOTR)
In peculiar circumstances where the normal immigration rules do not apply, foreigners can get the LOTR residence permit. These peculiar circumstances include situations involving compelling, compassionate factors where refusal would result in ‘unjustifiably harsh consequences for the applicant or their family’. To grant LOTR, the Home Office will normally exercise its discretion given the circumstances, and this will typically be given for a short period of no more than 30 months.
The LOTR process can be initiated for discretionary reasons, such as a family bereavement or medical emergency. It also applies to family and private life rules where Article 8 of the European Convention on Human Rights is engaged. For instance, where it has been proven that there would be insurmountable obstacles to family life with a partner if compelled to live outside of the UK.
4. UK Residence Card
A UK residence card, or an EEA biometric residence card (BRC), is no longer available. As an EU citizen, you need another type of permission to stay, such as settled or pre-settled status under the EU Settlement Scheme, to continue living in the UK.
The EU Settlement Scheme was introduced to allow EU citizens to settle in the UK following Brexit. The deadline to apply for the EU Settlement Scheme for most people was June 30, 2021. Suppose you or a family member were living in the UK by December 31, 2020, and you are from the EU, Switzerland, Norway, Iceland, or Liechtenstein. In that case, you can still apply (called a later deadline application). In addition, you must meet one of the criteria for a later deadline application or Have valid reasons for not applying by June 30, 2021.
5. UK Biometric Residence Permit (BRP)
The BRP is proof that you are legally living, working, or studying in the UK. It is for individuals who have applied to stay in the UK for longer than six months, extended their visas for longer than six months, or transferred their visas to a new passport. Also, the BRP has a chip that prevents it from being forged. It is made of polycarbonate and measures 86mm by 54mm.
You do not need to apply for the BRP separately from your visa. An appointment with the UK Visa and Citizenship Application Services (UKVCAS) will do. During this, you will be required to provide certain information. The appointment takes about five minutes and should be scheduled before your application is approved. Lastly, the BRP will be given to you once you are in the UK. It is usually valid for ten years, but if you were granted ILR within the last few years, your BRP may expire on December 31, 2024.
Now that we know the common residence permits that allow holders to stay in the UK, let's find out which visas qualify you to acquire them.
Types of UK Visas
The major legal path to immigrate to UK from a non-affiliated country is by getting an eligible visa. Many visa types can achieve this feat. The most common ones are highlighted below:
1. Business Visas
UK Business Visas are available for foreigners wishing to set up business in the country. These visas often require significant financial investment with an approved business plan or existing investment project. The available visas under this category are the Innovator Visa and the Start-up Visa.
The innovator visa is designed for individuals who want to set up and run an innovative UK-based business (a business model not currently in the UK). The applicant must provide a scalable business idea with the necessary endorsements. Also, they must have at least £50,000 in investor funds. This kind of visa comes with a three-year residency permit and qualifies for extensions.
Similarly, the Start-up Visa requires a plan to establish an innovative business in the UK. The business idea has to be different from any other existing business and endorsed by an approved body. Other requirements are English language proficiency and at least £1,270 in personal savings. Its application fee is also cheaper than the Innovator visa. Lastly, it comes with a two-year residence permit that cannot be extended. The only extension option is to switch to the Innovator Visa if you can afford it by the end of the two-year stay.
2. Skilled Worker Visas
Skilled Worker visas are the most popular route to immigrate to the UK. These visas come with residence and work permits. The primary Skilled Worker Visa lets immigrants (including EU workers) work with only approved UK employers. An applicant must score 70 points on the points-based immigration system, meet the minimum salary, and have English language proficiency.
Also, you must have an eligible job offer from an approved sponsor to qualify. If granted, you can stay in the UK for up to 5 years and pay the compulsory immigration healthcare surcharge of £624 every year. This levy can be lifted if you switch to an ILR after your five-year stay.
The Health and Care Worker Visa is another sub-category. It is a special visa for qualified health or adult social care professionals who wish to come to the UK and work for the NHS, an NHS supplier, or in adult social care. Applicants also need a valid job offer in the UK and must meet minimum salary and English language requirements. Successful applicants get a five-year residence permit that qualifies for permanent settlement.
3. Work/Business Visas
The UK also grants some business-oriented visas for long-term UK immigration. These work visas are designed for extraordinarily skilled people. There are:
A. International Sportsperson Visa
This visa is specifically for elite international sportspersons or qualified coaches. It requires a valid certificate of sponsorship for a UK-based firm, financial competence, and minimum English language proficiency. The holder can stay in the country for up to three years before renewal or extension.
B. Minister of Religion Visa (T2)
The T2 visa is for people who have been offered an eligible job within a faith community in the UK. Clergymen, missionary workers, and members of a religious order can apply for this visa if their intention in the UK is based on religion. As such, a valid certificate of sponsorship for a UK-based job is required, with financial and English language proficiency. The visa grants a 37-month residence permit. Moreover, if the time indicated on the certificate of sponsorship is shorter, you get that plus 14 days. You can apply to extend this visa before it expires.
C. Scale-up Worker Visa
Foreigners who want to work for a fast-growing UK business qualify for this visa. A confirmed job offer from an approved, fast-growing, scale-up business is required for your application. Also, your job must feature in the list of eligible occupations and meet minimum salary requirements. Approved Scale-up Worker visas get two years of extendable residence permits.
D. Global Talent Visa
The Global Talent visa is for leaders in academia or research, arts and culture, and digital technology. You must have an endorsement from a valid endorsing body that you are a leader or a potential leader in your field. Alternatively, you may apply if you've won an eligible internationally-recognized award. You can stay in the UK for up to five years at a time, after which you may extend your visa. Also, you don't have to wait five years to apply for an ILR; you can do it in three.
4. Family Visas
Family visas are for people whose eligible family members are UK citizens or permanent residents. In some cases, relatives of people who have to stay long-term in the UK can come in as dependents. There are many Family-based visas available for family reunification and visits. The most common ones are the Spouse Visa, Fiance visa, ancestry visa, Parent visa, Child visa, and Adult Dependent Relative visa. These visas have different stay periods ranging from six months to five years. Also, applicants must provide all necessary information and proof of relationship, such as a marriage or birth certificate.
In some cases, there are age and work limitations. Some can be extended, and some cannot, while the Spouse visa can lead to permanent settlement depending on important factors.
5. Study Visas
Study visas have many limitations but can be upgraded if you qualify for the more flexible resident permits. These are not ideal for people looking to immigrate to the UK. It allows foreign nationals to enroll in UK schools for courses provided by a Home Office-approved sponsor. There are many study visas you can apply for. The first is a Student visa that requires applicants to have a spot on a study course before applying. It also requires language proficiency and parent-signed consent forms for people under 16 years of age. Approved student visas get two to five years of stay and qualify to upgrade to a Graduate Visa.
The Graduate visa allows holders to stay and work in the UK for up to three years after completing a course in the UK. It has restrictions but is more relaxed than a student visa. The visa cannot be extended, so holders must apply for another visa to stay in the country.
How to Apply for UK Visas
Every UK visa application has unique requirements and limitations. We have highlighted some guidelines that all applicants from outside the country must follow. These steps are common for foreigners who want to immigrate to UK from countries with no special trade or border affiliations with the UK.
1. Confirm your visa eligibility status and determine which UK visa suits your circumstances. Every visa has unique eligibility criteria that qualify the applicant. For instance, a work visa requires securing an eligible UK job offer before submitting your application.
2. Provide all supporting documents before visa application via the UK immigration website.
3. Provide all requested proof of identity as part of your application. The method of proving your identity varies circumstantially. You may be required to use the ID Check mobile app or visit a local visa application center in person.
4. Pay the visa application fee and submit your application. The fee varies depending on the kind of visa and your country of origin.
5. In most cases, you will be required to make a visa appointment for your biometrics.
6. Wait for a decision on your application.
Conclusion
For people looking to immigrate to the UK, if you follow the stipulated guidelines in the letter, your application will most likely be granted. However, you can lodge an appeal or administrative review if you were denied. You can also re-submit with additional assistance. Whereas, if your application is granted, you get to make travel and accommodation arrangements with reference to your visa and residence permit.
