The purpose of this guide is to provide a little more information about the main visa categories that enable foreigners to live in the UK. This basic overview is not a detailed explanation, but the information will help applicants consider immigration options. Western Partners will provide professional and courteous assistance to each applicant.
Applicants have asked us to provide a summary of the various entry options available to the UK. One UK visa will allow an individual to pursue a full-time educational course, another offers employment with a contracted UK sponsoring employer, and another gives admission to an entrepreneur intending to start a UK business or those wanting to invest funds in the UK. Also, the UK visitor rules allow certain nationals to visit visa-free for up to six months in a year.
Studying in the UK
Applicants can choose to study in the UK, for example pursuing a Master’s degree. If you plan on pursuing a full-time graduate or post graduate course, then you can come to reside in the UK under the Tier 4 Student Visa category and bring your spouse and children with you. In some cases, working part-time while studying is permissible. A spouse may also take employment- depending on the study course rules.
Please note that studying in the UK as a foreign student can be expensive. Course fees for graduate or postgraduate courses at British Universities can be up to £20,000 per annum, not including accommodation costs.
Working in the UK
Applicants intending to work in the UK must have an offer of employment from a registered sponsor, and the job must be at the graduate level. Manual, administrative or clerical roles do not fall under a sponsorship agreement.
The sponsor, the employer, would need to be registered as a sponsor under the Tier 2 (General) category of the Points Based System to be able to issue a Certificate of Sponsorship (a type of work permit). These certificates can only be issued if the UK employer has demonstrated that they have advertised the position and that there are no suitable candidates who are UK nationals, EU nationals (this might not apply after Brexit) or permanent UK residents.
To become a Tier 2 Sponsor, the company needs to submit corporate documentation to show it is a trading business and must also show that it has appropriate HR systems, policies and processes in place that comply with its duties as a Sponsor.
If a UK employer can sponsor an applicant as a new hire for their UK business, the visa remains valid for up to five years, and the applicant’s family and any children aged under 18 can also come and live in the UK. If the applicant completes five years employment in the UK and spends at least 185 days per year in the UK in each of five-year span, they can apply for indefinite leave to remain (permanent residence).
If your employer wants to send you to work in the UK
If the applicant is employed by an organization that has a group company in the UK, it is possible to be transferred to those offices under the Tier 2 (Intra-company Transfer) route. This requires the UK office to be registered as a Tier 2 sponsor (see above). The applicant must have worked for the employer for at least 12 months in a skilled graduate-level role.
Notwithstanding, if a company does not have an office or presence in the UK, but wants to send a staff member to set up a UK branch or subsidiary, the applicant can apply for a Sole Representative visa. To obtain this visa, the applicant must not be a significant shareholder in a business but a senior employee who has full authority to take commercial decisions and sign contracts on behalf of the parent company. Visas can be obtained for an initial period of up to three years and can be extended for a further two years after which the applicant will be able to apply for indefinite leave to remain (permanent residence). Spouses/partners and children under 18 can be included in the visa and can work in the UK.
The talented applicant
Applicants who are recognized leaders or future leaders in the fields of digital technology, science, humanities, engineering, medicine, or the arts are also welcome in the UK. Before applying for a visa, the applicant will need to apply for endorsement from one of the appointed bodies that assess applications according to specific criteria. For example, those individuals who have demonstrated high achievement and shown “exceptional promise” in their careers.
Setting up a business in the UK–self-employed
The only scheme which allows individuals to be self-employed in the UK is the Tier 1 (Entrepreneur) route. This visa route requires the entrepreneur to produce a detailed business plan setting out their proposed business in the UK; show that they have at least £200,000 of available funds to invest in a sustainable and viable UK business; create at least two full-time posts that will exist for at least 12 months by the end of the applicant’s visa. Visas are issued for an initial period of three years and four months. Family members, including spouses, civil partners and unmarried partners and children under 18 can accompany the Tier 1 (Entrepreneur) and can work in the UK.
The entrepreneur route cannot be used by those who only wish to freelance on their own account and who do not intend to have a substantive UK business and employ staff. The visa holders may not work in other enterprises. More information on this visa category is available on the website.
Residence by Investment
For those who wish to come to live in the UK without needing to study, work or run a business, the UK Tier 1 (Investor) scheme is available where you can show that you have at least £2 million to invest in the UK. The funds need to be in your name (or jointly with your spouse, civil partner or unmarried partner). The funds should generally be held for three months before the application is made or, if obtained within less than three months (a family gift, the sale of a property, liquidating investments or business income). These funds can be used as long as there is evidence of the source of the funds. Property owned in the UK or UK investments made more than 12 months ago cannot be counted toward the £2 million investment. It is advisable to take tax advice before coming to the UK to reside under the Investor category.
Applicants must open a UK investment account with a UK bank or wealth management consortium before applying for the visa. Police certificates covering twelve months in the past 10 years must be included in the application.
Once the visa application is approved, the applicant must invest the £2m into UK government bonds, shares in UK listed companies or loan capital in UK corporate bonds within 90 days of arrival in the UK. Visas are issued for an initial period of three years and four months and can be extended as long as the investment is maintained. As an Investor visa holder, applicants and their family members can work in the UK. Applicants can apply for indefinite leave to remain (permanent residence) after five years provided they have not been absent from the UK for more than 180 days in each of the five years.
Further information
If you would like to discuss any of the above options, please contact us on contact@westernpartners.co.uk or call us on +44 (0)203 961 0062 to speak with a member of our immigration advisory team.
This document has been drafted and provided by Western Partners Ltd. This document should be used for information purposes only. This information is based on current legislation (2020) and should not be relied on as an exhaustive explanation of the law or the immigration issues involved.