Immigration and Visas

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UK Immigration can be pretty cut and dried; simple and to the point, and without you needing a lawyer. Most applications, including fiance and spousal visas, are accompanied by clear guidelines, and with many you will probably be able to do the paperwork yourself.

If there is a complication with your application, such as a previous removal from the UK, a criminal record, or if you think you may not have enough money to satisfy the Entry Clearance Officer (ECO), you must do more than merely read the guidelines before applying. If you think you may need further advice, make sure that you always consult an experienced immigration practitioner, who must be registered either with The Law Society or The Office of the Immigration Services Commissioner (OISC).

If you want to come to the UK to work rather than to be with a partner, there are several categories which may apply to you:

• Work Permit: You can move to the UK to work if your prospective employer in the UK gets you a work permit before you arrive

• Highly Skilled Migrant Programme (now ‘Tier 1’ application): You may qualify for the HSMP if you have significant qualifications and a good income

• Investor/entrepreneur: You may be able to the UK if you have significant capital to invest in the UK, either in property or in a business

• BUNAC/Student Visa: If you wish to study in the UK, or wish to take a break from your studies in the US, you could transfer credits and go to the UK on a student visa, or you could take 6 months off to work in the UK before going back to finish school

This is not a comprehensive list, and the important thing is research.

The mistake that most US nationals make when trying to move to the UK is that they think it is going to be easy. It isn’t, and you must read the guidelines carefully or take professional advice to make sure that you qualify. If you do qualify, you must make sure that you have enough documents to prove this.

It is also essential to make sure the advice you get is accurate. There are a lot of discussion boards, and a lot of people who think they know the answers to your questions, but are actually misadvising! Always make sure that you check all advice given with a reliable government source or a regulated, qualified advisor.

Once in the UK, you will need to ensure that you take the necessary steps to make sure that you will be able to extend your leave when the time comes, or even that you will be able to apply for Indefinite Leave to Remain (ILR), ie. permanent residency. This is especially important if entering as a Highly Skilled Migrant, a spouse or a fiance, so again, make sure you do your research thoroughly.

The BIA website is fairly clear and helpful, and contains the bones of the rules you will need to follow in order to ensure that your application is successful. It also contains the guidelines by which the ECO’s make their decisions, those these are hidden away and are not always up to date, so be careful when following these!

Most US nationals coming to the UK will be able to work out from this site whether or not they qualify. It does not, however, show how to prove that you qualify.

*Latest News* The BIA have announced major changes to the immigration sustem. New forms have been introduced for several categories from 29th February 2008, so please be sure that your application is made on the right form, and with the right fee!

UK Visas or Britain USA websites should be the main port of call for US nationals wanting to enter the UK. These sites will give information on visit visas, fiancé/e visas, spousal visas, and every other category of entry to the UK which lies within the immigration rules. The UK Visas website contains all the relevant application forms, and basic guidance notes. Do be careful when making your application as these guidance notes are only the bare bones, and the document request lists are far from comprehensive. You may want to cross check your application with the Immigration Rules and with the Diplomatic Service Procedures and Immigration Directorates Instructions. This is especially important if your application is likely to be complicated for some reason.

The Home Office have now brought all work based application under the umbrella of the BIA, and Work Permits (UK) no longer exists. If you have been offered a job in the UK, or have secured a transfer from your current employer, then the company needs to apply for a work permit. The application is made by the company in the UK, and they need to prove that they need you for the position. In the case of a transfer, as long as the job is senior enough and you have the right skills and experience, and you have been working for the sister company for six months or more, this is usually quite straight forward. If you have a designated shortage skill, again, this is usually quite straight forward. However, if none of these apply, your company need to show that they have tried to recruit someone from within the ‘resident labour force ' (ie. within the EEA) and have failed, which is why they need you.

If you have a degree, were educated in an English speaking country or have an English language certificate (IELTS), and think that your earnings are quite high compared to your country’s national average, then you may be able to apply for the Tier 1 application (formerly the Highly Skilled Migrant Programme). If you do qualify, then you can make the application yourself without the need for a job offer in the UK. The Tier works on a points system, and although it looks relatively easy on the surface, the Home Office are absolute sticklers for documentation, and if the supporting evidence is not perfect then the application will be refused. They will not use their judgement or any common sense with this one, so if there is the slightest complication to your application, or even if there isn’t, you may want to get the papers checked by a specialist first.

Both the US and the UK allow dual citizenship.

If you are married to a UK national, and are resident in the UK, you should be able to apply for naturalisation as a British Citizen after three years. You will have to be a permanent resident (ie. have ‘Indefinite Leave to Remain’) and have passed the ‘Life in the UK’ test before you can apply. If you have take the ‘Life in the UK’ test before applying for ILR, you have no need to take it again.

If you have entered the UK on another category, such as a work permit or HSMP, then you must have passed the test, have held ILR for at least 12 month and have been resident for five years before you can apply for naturalisation.

For both categories, you need to be of good character and have two UK residents (one of whom must be a person of professional standing) to recommend you.

The main advantages of having dual nationality is that, with a UK passport, you can work and travel freely throughout Europe, and you will be entitled to vote.