Immigration Solicitors

UK Expansion Worker Visa

The Expansion Worker visa allows foreign workers to come to the UK and set up a UK branch of an overseas business that hasn’t yet started trading in the UK.

Only applicants who are already working as a senior manager or specialist employee for the business are eligible for this visa.

The Eligibility Criteria

In order to be eligible for the Expansion Worker visa, you must:

• Have a valid certificate of sponsorship from your employer, who must be a UK sponsor
• Have worked for your employer outside of the UK for at least 12 months unless you’re either:
• Earning over £73,900
• Do a job that’s on the list of eligible occupations
• Be paid at least £45,800 per year or the ‘going rate’ for your job, whichever is higher

Advantages and Limitations

You will be able to do the following:

• Work for your sponsor in the job described in your certificate of sponsorship
• Study
• Bring your partner and children with you as your ‘dependants’, if they’re eligible
• Do voluntary work
• Travel abroad and return to the UK

Note that you will not be able to:

• Access most public funds or the State Pension
• Change jobs unless you are eligible and you update your visa
• Have a second job
• Apply to settle permanently in the UK (indefinite leave to remain)

Notes:

You will be able to stay in the UK for 12 months after the start date of the job on your sponsorship certificate, or the time given on your certificate of sponsorship plus 14 days, whichever is shorter.

Also, it is possible to extend your visa by an extra 12 months. However, the maximum time you’ll be able to stay in the UK on this visa is 2 years.

Skilled Worker Visa

This category of UK visas is suitable for applicants who have been offered a skilled job by a UK-based sponsor. The employer must hold or request a certificate of sponsorship.

Requirements

To be eligible for a skilled worker visa, you need to be sponsored by a UK-based employer. In addition, you must meet the following eligibility criteria:

• You need a valid Certificate of Sponsorship for the job you are going to d
• Your job is a genuine vacancy
• You can prove your knowledge of English at least Level B1 in Reading, Writing, Speaking and Listening.
• You can provide a criminal record certificate
• You can provide a valid TB certificate (if needed)
• The job must be eligible for the visa, under the new Skilled Worker Visa route, your role must be skilled to at least RQF level 3 (roughly equivalent to A-levels).
• You must be paid the minimum salary or “going rate” for the type of work you will be doing. The minimum salary is at least £26,400 per year (unless the job is in ‘Shortage of Occupation List’ then salary can be 80% of the ‘going rate’).
• Your employer must have been approved by the Home Office and hold a valid Certificate of Sponsorship

Advantages and Limitations

• work in an eligible job
• study
• bring your eligible dependants with you
• take on additional work in certain circumstances
• do voluntary work
• apply to settle permanently in the UK (ILR) if you’ve lived in the UK for 5 years and meet the other eligibility requirements

You cannot:

• apply for most public funds, or the State Pension
• change jobs or employer unless you apply to update your visa

Innovator Founder Visa

The Innovator visa route is aimed at experienced entrepreneurs seeking to set up or run a business in the UK

Requirements

To be eligible for the Innovator Visa, the applicant needs to meet the following requirements:

• A citizen from outside the EEA/Switzerland
• Have at least £50,000 to invest in your business idea
• Have a special business idea which is different from anything else on the market which will provide benefit to the British workforce and economy
• Applicant needs to prove that they have all the necessary knowledge, skills and market awareness to successfully run the business
• The applicant will also need to show that there is potential for growth and job creation
• Hold a certificate of B2 level of English as set by the CEFR for Languages

As well as the fundamental requirements above, Innovator Visa applicants must also have at least £945 in their bank account for 90 consecutive days before they apply for the visa.

Endorsement Requirements

Before an applicant begins the Innovator Visa application, they must have their business idea endorsed by an approved endorsing body.

Endorsing bodies must be able to demonstrate a proven track record of supporting UK entrepreneurs. However, a new organisation which has been set up by another body (with a proven track record) will also be eligible. Endorsement bodies also will determine the validity of a business idea.

Advantages and Limitations

• set up a business or several businesses
• work for your business – this includes being employed as a director, or self-employed as a member of a business partnership
• bring your eligible dependants with you
• apply to settle permanently in the UK (ILR) if you’ve lived in the UK for 3 years and meet the other eligibility requirements

You cannot:

• apply for most public funds, or the State Pension
• do any work outside your business, for example, work where you’re employed by another business
• work as a professional sportsperson, for example, a sports coach

Visitor Visa

If you’re looking to make a short-term stay in the UK, then the standard visitor visa (UK) is likely the visa you’ll need to apply for. Visitor visas in the UK allow you to travel for limited term stays and can be used for leisure and business, among other reasons. According to your conditions, our solicitors will advise you to apply for a 6-month, 2-year, 5-year or 10-year UK visitor visa.

To prove your eligibility for the UK visitor visa, it’s important to provide the Home Office with evidence of the general requirements for eligibility as part of your UK visit visa requirements and application. As a non-EEA visa national, you’ll need to prove that:

• You have full intention to leave the UK at the end of your visit
• You have evidence of any activities you intend to perform while in the UK, including business and other activities.
• You can afford your inward and outward journey including flights.
• You have access to sufficient funds in order to support and house yourself and any dependents throughout your stay without accessing public funds.

What I can and cannot do?

You can visit the UK as a Standard Visitor:

• for tourism, for example on a holiday or vacation
• to see your family or friends
• to volunteer for up to 30 days with a registered charity
• to pass through the UK to another country (‘in transit’)
• for certain business activities, for example attending a meeting or interview
• to take part in a school exchange program
• to do a recreational course of up to 30 days, for example, a dance course
• to study, do a placement, or take an exam
• as an academic, senior doctor, or dentist
• for medical reasons

You cannot:

• do paid or unpaid work for a UK company or as a self-employed person
• claim public funds (benefits)
• live in the UK for long periods of time through frequent or successive visits
• marry or register a civil partnership

Note:

You are allowed to get married in the UK if you come on a Marriage Visitor Visa

Family Visa

If you are a non-UK national and intend to stay in the UK for a period that exceeds 6 months, you will need to make a Family Visa application if you are meeting one of the following requirements:

• Your family member/spouse is a British citizen
• Your family member/spouse has ILR or settled status
• You have an eligible relationship with an individual in the UK with refugee status or humanitarian protection

If you are currently living in the UK on a different visa, you may be able to switch to a family visa in order to stay with your child, fiancé or partner. There are many variations of a UK Family Visa, all of which depend on the relationship that you have with the UK settled person.

Spouse Visa

A UK Spouse Visa is for non-UK residents aged 18 or over who are engaged, married to, or has a proposed civil partner who is aged over 18 living in the UK. It is a type of settlement visa known as the UK partner visa.

The qualifying criteria vary depending on your partner’s situation. You need to apply for a UK Partner Visa if you are coming to the UK to join your partner or spouse from outside the European Economic Area.

If you hold a Spouse Visa in UK, you have the right to work like all British citizens. However, you cannot claim most benefits, such as public funds, housing allowance or tax credits.

Who can apply for a UK Spouse Visa?

You can apply for a UK Spouse Visa if you are:

• Aged 18 years or over
• Married or in a civil partnership that is recognised by the UK
• Married to a British citizen or UK settled person
• You have been living together in a relationship for the past 2 years and you can prove it
• You are engaged, or you hold a Fiancé Visa UK and will get married within 6 months of being in the UK

British citizens can send the leave to remain forms on their partner’s behalf as long as they are eligible. You must list their name and information as the applicant’s details.

Fiancé Visa UK

To be eligible for the Fiancé Visa, both you and your partner must meet certain conditions and requirements.

The main eligibility criteria in 2022 are as follows:

• Both you and your partner must be at least 18-years-old
• You must be planning to get married within the 6-month validity period of the Fiancé Visa
• Your partner must be a UK citizen or a person with settled status
• You must intend to live with your partner in the UK once you are married/in a civil partnership
• You need to demonstrate that you have the means to financially support yourselves as a couple and won’t become a financial burden on the state. You must have a combined income of at least £18,600 annually
• You need to show that you have suitable accommodation to live in with your partner and your dependents
• you need to take an approved SELT test to prove that you can understand and communicate in English to the level of A1

Student Visa

If you want to study in the UK, you will need to apply for the Student Visa and will need to have an unconditional offer from a licenced sponsor to be eligible for the visa.

Those who graduate from an approved course in the UK will be able to remain in the country under the new Graduate Visa route for up to two years to live, work and look for work. PhD graduates will be able to do so for up to three years.

Eligibility

If you are looking to apply for a UK Student Visa, there are certain requirements which you must fulfil.

The Student Visa requirements are as follows:

• You must have received an unconditional offer of study from an approved sponsoring institution
• You must have received a Confirmation of Acceptance for Studies from your sponsoring institution
• You must score at least 70 points on the points-based system
• You need to have the relevant academic qualifications needed to take the course and genuinely intend to study in the UK
• You can financially support yourself in the UK (and any family members/dependents who will be joining you)

What you can and cannot do

You can:

• study
• work as a student union sabbatical officer

You may be able to work – how much depends on what you’re studying and whether you’re working in or out of term-time.

You cannot:

• claim public funds (benefits) and pensions
• work in certain jobs, for example as a professional sportsperson or sports coach
• be self-employed
• study at maintained school

Temporary Worker Visa

The Temporary Worker Visa (T5) is a work visa that grants you permission to work in the UK Temporarily. The time that you can stay in the UK for on a Temporary Worker Visa varies depending on the category that you apply for and ranges from 6 months to 2 years.

You can apply for this visa if you want to come to the UK for temporary seasonal, sporting, religious or charity work as well as for work experience, training, or for an Overseas Government Language Programme, research or a fellowship through an approved government-authorised exchange scheme. 

Whilst in the UK on a Temporary Worker visa you will usually be able to work in the job described on your Certificate of Sponsorship, study, take a second job for up to 20 hours a week and bring certain family members with you as dependents.

Types of Temporary Worker Visas

There are different categories of Temporary Work Visas and the category most appropriate for you will vary depending on which type of role you are intending to fill in the UK.

There are 7 types of temporary worker visas available as part of the T5 visa category, including the:

Creative Worker Visa and International Sportsperson Visa – two separate visa categories for sportspersons and creative workers

Government Authorised Exchange visa – for overseas nationals coming to the UK through approved exchange schemes

International Agreement Worker visa – for overseas nationals doing work in the UK covered by international law

Religious Worker visa – for individuals undertaking religious work including as a preacher, pastor or non-pastoral religious work

Charity Worker visa – for those undertaking voluntary work for registered charities in the UK

Seasonal Worker visa – for overseas nationals undertaking farm work in the UK

Youth Mobility Visa – for young people from certain nations who wish to experience life in the UK

UK Settlement Indefinite Leave to Remain (ILR)

Indefinite Leave to Remain (ILR) is a form of settlement available to overseas nationals.

Indefinite Leave to Remain enables a person to live in the UK without any restrictions and is the first step towards naturalisation and full citizenship.

Typically, you must have spent at least five years in the UK before you can apply for Indefinite Leave to Remain, though in certain circumstances you can apply after two or three years of residence in the UK.

Requirements and eligibility

The specific requirements differ depending on the particular circumstances of the applicant, including the type of visa they hold.

The most basic requirement for ILR is to have been lawfully living in the UK for a certain period of time. However, there are other requirements which must be fulfilled too.

The general requirements to become eligible to apply for Indefinite Leave to Remain are based on:

• Lawful living in the UK for a certain period of time.
• No breach of immigration laws during your stay in the UK and no criminal record.
• A period of time spent outside the UK which doesn’t exceed 180 days in a 12-month period during the qualifying period.
• A pass in the Life in the UK test.
• meet the B1 level of English (CEFR).

British Naturalisation

At its most basic level, British naturalisation is the most used route for people with foreign citizenship to apply to become a British citizen. If you are successful and become naturalised as a full British national, you’ll gain the same rights as anyone born here. You’ll be able to live and work in the UK freely, without being held subject to immigration control or immigration laws. For a lot of people coming to the UK with the intention of finally settling here as a British national, UK naturalisation is an important final step in their immigration route.

Requirements

• You are aged 18 or over
• prove you were in the UK exactly 5 years before the day the Home Office receives your application
• You are a good character
• You have not spent more than 450 days outside the UK during your five years of lawful residence in the country.
• You have spent no more than 90 days outside the UK in the last 12 months leading up to your application.
• You have held the right of Indefinite Leave to Remain (ILR) for at least 1 year before beginning your naturalisation application process.
• You have not been in breach of any UK immigration rules previously.
• You have intentions to continue living in the UK
• A pass in the Life in the UK test
• meet the B1 level of English (CEFR)