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How UK Immigration Works: An Overview

The UK offers a limited number of immigration routes for non-British citizens who wish to come to the UK for long-term projects or to settle permanently. These routes primarily fall into two categories: joining family or work-related immigration. Both categories may eventually lead to settlement (also known as Indefinite Leave to Remain) after meeting the required residence period, usually five years.

Before consulting an immigration consultants, it is useful to have an understanding of the available options. If you believe one of these routes suits your situation or if you have any questions, we encourage you to book a consultation with one of our expert immigration consultants.

Joining Family in the UK

  • Spouse or Partner Visa: You may be eligible to join your spouse or durable partner in the UK if they are a UK citizen, have Indefinite Leave to Remain (ILR), or are an EU national with settled or pre-settled status. This includes the UK Partner visa route.

  • Dependent Visas for Workers: Dependants of non-settled workers in the UK can apply for dependent visas, which also lead to settlement.

  • Parent of a British Child: In certain limited circumstances, parents of British children may qualify for a visa to join their child in the UK.

  • Adult Dependent Relative Visa: This route is reserved for extreme compassionate cases where the person requires ongoing care that is unavailable or unaffordable in their home country. This visa is difficult to obtain and subject to strict requirements.

British Ancestry Visa

Commonwealth nationals who have a grandparent born in the British Isles or Ireland (not former colonies) may be eligible for a UK Ancestry visa.

  • There is no age limit for applicants.

  • Applicants must show an intention to work in the UK and sufficient funds to support themselves while job hunting.

  • Partners and children can apply simultaneously or join later, with some benefits compared to dependants on other visas.

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Work-Related Immigration to the UK

Global Talent Visa

  • For internationally recognised leaders in fields like science, tech, and arts.

  • Requires endorsement from a designated UK body.

  • Settlement possible after 3 years (or 5 for emerging leaders).

How Immigration Solicitors Can Help

  • Advise on the best route for your circumstances.

  • Assist employers with sponsor licence applications.

  • Support with business plans, visa applications, and endorsements.

There are several routes available for non-British nationals to live and work in the UK, many of which lead to permanent settlement.

Skilled Worker Visa

  • Requires a job offer from a UK employer with a sponsor licence.

  • The job must meet minimum skill and salary thresholds.

  • Visa leads to settlement after 5 years.

Scale-Up Worker Visa

  • For employees of high-growth UK companies.

  • Offers more flexibility than Skilled Worker visas.

  • Leads to settlement after 5 years.

Innovator Visa

  • For entrepreneurs with innovative, scalable business ideas.

  • Requires endorsement from an approved UK endorsing body.

  • Allows settlement after 3 years.

Studying in the UK as an Immigration Option

High Potential Individual Visa

  • For graduates of top global universities (within the last 5 years).

  • Allows work in the UK for 2–3 years, depending on degree level.

  • Not a settlement route but can lead to one through employment-based visas.

Student Visa

  • For individuals coming to the UK to study.

  • Does not directly lead to settlement, except under the 10-year Long Residence rule.

  • Maximum stay: 5 years for Bachelor’s level; longer for Master’s, PhD, or MPhil.

Graduate Visa

  • Available after completing a UK degree.

  • Allows full-time work but does not lead directly to settlement.

  • Offers a path to switch to a Skilled Worker visa, which leads to settlement after 5 years.

English Language Requirement for UK Visa Applications

  • Family Visas:

    • Initial application: A1 level

    • Extension: A2 level

    • Indefinite Leave to Remain (ILR): B1 level

  • Work Visas:

    • Standard requirement: B1 level

    • Employers may request a higher level

  • Student Visas (Degree level):

    • Required level: B2

TB Test for UK Visa Applications

  • Required for residents of specified countries applying for long-term UK visas (study, work, or family).

  • Certificate validity: 6 months.

  • Not required for visitor visas or for in-country visa extensions.

  • Must be taken at UK-approved test centres (outside the UK); other certificates are not accepted.

  • Children must attend the clinic; under 11s typically do not get x-rays.

  • Carry the certificate in hand luggage when entering the UK for possible inspection by immigration officers

Criminal Record Certificates

  • Not required for most visa types.

  • Required for Skilled Worker visa applicants in specific roles, including:

    • Healthcare

    • Social work

    • Teaching

    • Childcare

  • Must be obtained from each country where the applicant lived for 12+ months (in the last 10 years).

  • Only applies to initial entry clearance applications, not extensions.

  • Applications may still be refused under general grounds for criminality, even if certificates aren’t required.

    • Includes mandatory and discretionary refusal grounds.

Switching from One Immigration Category to Another

  • Generally allowed between long-term visa categories.

  • Not allowed for:

    • Visitors

    • Short-term students

    • These applicants must leave the UK and apply for a new visa from abroad

Long Residence Route

You may apply for Indefinite Leave to Remain (ILR) after 10 years of continuous and lawful residence.

  • Continuous: No long gaps or excessive absences.

  • Lawful: You held valid permission under UK immigration rules.

UK Visa Application Process – General Information

Application Process

  • Most UK visa applications are submitted online.

  • Supporting documents are uploaded electronically.

  • Visit visa applications can be made from any country outside the UK.

  • Long-term visa applications (e.g., work, partner) should be made from the applicant’s home country or country of residence.

  • Switching visa categories (e.g., from Student to Skilled Worker) is allowed from within the UK, depending on eligibility.

Immigration Health Surcharge (IHS)

  • Applies to visas valid for more than 6 months.

  • Calculated based on visa length, type, and applicant age.

  • Charged during the online application.

Biometric Appointment

  • All applicants must submit biometric data.

  • This may be done at a visa application centre or via an app (if available).

Visa Processing Times

  • Outside the UK: ~3 weeks for most visas.

  • Inside the UK: ~8 weeks.

  • Family visas: Can take 12+ weeks when applying from abroad.

  • Priority services may be available for an extra fee.

Permission to Stay Permanently

Indefinite Leave to Remain (ILR) in the UK
UK immigration offers several routes to permanent permission to stay, known as indefinite leave to remain (ILR).

ILR is not the same as British citizenship. Citizenship is the next step after ILR and generally requires holding ILR for 12 months before applying (unless married to a British citizen). Once granted citizenship, you can apply for a British passport.

The Role of an Immigration Representative
UK immigration law is complex despite seeming straightforward. A legal representative helps:

  • Maximise your application success

  • Identify and reduce risks, including errors and refusals

  • Save you time preparing the application

  • Minimise the stress of the process

Explore how our consultants can assist with your visa application or book a consultation for tailored legal advice before instructing a representative.