So you’ve fallen in love with a Brit
If you’re lucky enough to have fallen for a Brit, and you’re planning to move to the UK together you might find this quick guide of use.
There are a number of different visas for partners of British nationals. The most appropriate visa for you will depend on whether you are married, living together or planning to marry, how long you have been together and whether you are in an opposite or same sex relationship.
Your sponsor
For your partner to sponsor your visa application they must be British, or be a foreign national with indefinite leave to remain in the UK or right of abode in the UK. In addition your partner must be able to demonstrate that they can support and accommodate you in the UK.
Your relationship
To qualify for a spouse visa you and your partner must be married, in a civil partnership (aka same sex marriage, see further information below) or have lived together for the past 2 years (if you’ve been together for 4 years or longer see below). If your application is successful you will be granted a visa valid for 2 years, after which time you will be eligible to apply for indefinite leave to remain (permanent residence).
If you are engaged and plan on marrying / entering into a civil partnership in the UK you will qualify for a fiancé visa / proposed civil partnership visa. A fiancé visa / proposed civil partnership visa is valid for 6 months during which time you must marry / enter into a civil partnership and apply for a spouse visa (as above, valid for 2 years, after which time you will be eligible for indefinite leave to remain).
Been together for 4 years or longer? If you have been married and / or living together outside the UK for at least the last 4 years you will qualify for settlement (permanent residence). To apply for settlement you will need to show that you have sufficient knowledge of life in the UK by passing the Life in the UK test. Unfortunately, the test can only be taken in the UK. If you are able to travel to the UK to sit the Life in the UK test you can apply for settlement. If not, you will be granted settlement subject to knowledge of life, which means that as soon as you pass the test you can apply for settlement, you won’t need to wait the usual two year provisional period.
Eligible civil partnerships / same sex marriages
If you entered into a civil partnership in the UK your relationship qualifies for a spouse visa. If you entered into a civil partnership outside the UK, it may be recognized if it meets specific requirements. There is a list of civil partnerships that are already recognized as meeting these requirements and which therefore qualify for a spouse visa (list includes some European countries, New Zealand as well as some US, Australian and Canadian states).
Documents
When applying for any visa documents are your best friend. If you can’t evidence your claim for a visa you won’t get one, simple as that. When applying for a visa on the basis of living together for 2 years (or 4 years for settlement) you will need to provide a collection of utility bills, bank statements and other official correspondence. This can be quite difficult now that most correspondence is electronic. If you are planning your move to the UK the first thing you need to do is contact your bank and utility providers and switch from electronic to paper. Also, if your utility bills are addressed individually you should try to get as many as possible addressed to you jointly. Keep a shoebox and put any and all correspondence it in – this will make sure you have enough documentation when it comes time to apply.
If you don’t qualify for a visa on the basis of your relationship here are some alternatives
Tier 1 visa for highly skilled individuals educated to master degree level or higher. Tier 4 student visa for individuals studying full time in the UK (also permitted to work 20 hours per week). Tier 2 sponsored skilled worker for individuals with a job offer from a UK based company. Stay tuned for posts on each of these categories.
A Quick Guide to British Nationality
If you were born in the United Kingdom or have a strong family tie to the United Kingdom you may qualify for British nationality. Read on to see if any of the below situations apply to you.
Were you born in the United Kingdom prior to January 01, 1983?
If you were, you are almost certainly a British national by birth.
Were you born in the United Kingdom on or after January 01, 1983?
On January 01, 1983 additional requirements were introduced for someone to be deemed a British national by virtue of being born in the United Kingdom. If you were born on or after January 01, 1983 you will be a British national if one or both of your parents was a British national, or legally settled in the United Kingdom at the time of your birth.
Were you born outside the United Kingdom between February 07, 1961 and December 30, 1982 to a British Mother?
If you were, you may qualify to register as a British national.
Were you born outside the United Kingdom between January 01, 1983 and June 30, 2006?
If you were born outside the United Kingdom between January 01, 1983 and June 30, 2006 and one of your parents was a British citizen, you may be a British citizen. Your parents will need to have been married at the time of your birth.
Were you born outside the United Kingdom on or after July 01, 2006?
If you were born outside the United Kingdom on or after July 01, 2006 and one of your parents was a British citizen, you may be a British citizen.
Have you lived in the United Kingdom for 5 years or more?
If you have been residing in the United Kingdom for at least the last 5 years, and have been a permanent resident for at least the last 12 months, you may qualify to naturalise as a British national.
I don’t want to give up my current nationality to become British, can I be a national of more than one country?
British nationality laws provide for a person to hold multiple nationalities, so you will not have to renounce your current nationality to become British. However, the country you are currently a national of may prohibit dual nationality and as such you may renounce your current nationality by virtue of applying for British nationality. Most countries now allow a person to hold multiple nationalities, including the United States. If you have concerns you should check with your immigration authorities or local embassy / consulate.
British nationality law is very complicated. I have tried to simplify this information as much as possible and in doing so haven’t listed all the requirements or gone into the technicalities for the above paths to British nationality. If one of the above situations applies to you please get in touch with us on usa@smithstonewalters.com for an assessment. In addition, there are several other paths to British nationality that are quite obscure, but none the less may be open to you.
I don’t qualify for Tier 1, what are my options?
On March 31, 2009 the UK Border Agency changed the qualifying criteria for the Tier 1 (General) visa, increasing the minimum qualification threshold from a bachelor degree to a master degree. This has resulted in many well qualified individuals no longer qualifying for the Tier 1 (General) visa. If you are one of these people then here are some options that might be open to you:
Tier 2 Sponsored Skilled Workers
If you have a job offer from a UK based organization you may be able to pursue the Tier 2 visa. You will need to pass a points test, with points being earned for qualifications and future earnings in the UK. In addition you will need to demonstrate that you have good English language skills and that you have sufficient funds to support and maintain yourself in the UK. A Tier 2 visa can be granted for a maximum period of 3 years, during which time you can only work for your sponsoring employer.
Tier 5 Youth Mobility Scheme
Nationals of Australia, Canada, Japan and New Zealand, aged between 18-30 may be eligible to apply for the Tier 5 Youth Mobility Scheme visa. The Tier 5 visa is valid for 2 years, during which time the holder can take any employment they wish.
Sole Representatives of Overseas Firms
If you are working for an organization outside the UK that is looking to establish a UK office this could be an option for you. You will need to have been employed by the organization for a reasonable period in a senior position.
Tier 4 Student Visa
Another option is to continue your studies in the UK. You will generally be eligible for a Student Visa if you enrol in a full-time course with a registered education provider in the UK and you can demonstrate that you have sufficient funds to pay your course fees and support and accommodate yourself.
If you would like to investigate any of the above visa options please contact us on usa@smithstonewalters.com for a comprehensive eligibility assessment.
Q&A: UK Tourist / Visit Visa
Going to the UK for a holiday? Want to know if you need a visa and how long you can stay? Read on…
Do I need a visa prior to travelling to the UK for a holiday?
Nationals of certain countries, referred to as visa nationals, are required to obtain a visa prior to travelling to the UK for a holiday. If you are a national of one of the countries listed at — http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix1/ — you will need to apply for a visa at your nearest British Diplomatic Post prior to travelling.
If your nationality does not appear on this list then you are a non-visa national and can travel to the UK without obtaining a visa.
How long can I stay?
Regardless of whether you are a visa national or non-visa national, the longest you can stay in the UK for a holiday is 6 months.
Can I work?
No. If you would like to work during your stay in the UK you should explore other visa options such as the Tier 1, Tier 2 and Tier 5 visas.
Can I study?
No. If you would like to study in the UK you should obtain a Study Visit Visa or a Tier 4 Student Visa.
Can I conduct business such as attend meetings or job interviews?
There are additional requirements to conduct business in the UK, please contact one of our advisors on usa@smithstonewalters.com.
How much money do I need?
You need enough money to support and accommodate yourself without working or claiming public funds. Alternatively, you can be supported and accommodated by relatives or friends. You may be asked to provide evidence of this when you apply for a visit visa and / or when you seek entry on arrival.
Is there a risk that I will be refused entry as a tourist at my port of entry?
The Immigration Officer at your port of entry does have the discretion to refuse you entry. Typical reasons for refusal of entry as a tourist are:
- You cannot demonstrate that you have sufficient funds to support and accommodate yourself.
- You cannot demonstrate that you will leave the UK at the end of your visit.
- You don’t have a return / onward ticket, or sufficient funds to purchase one.
- The Immigration Officer suspects that you will work or study, in breach of your visa conditions.
- The Immigration Officer suspects that you are setting yourself up in the UK, e.g. that you are living in the UK, or intending on living in the UK, in breach of your visa conditions.
This is not an exhaustive list. If you are concerned that you may be denied entry you should contact one of our advisors on usa@smithstonewalters.com.
If you have a query on this topic that we haven’t answered we would be happy to hear from you – please leave a comment or contact one of our advisors and we’ll be sure to get back to you with an answer.
Welcome!
Welcome to Smith Stone Walters’ blog on UK visas.
Smith Stone Walters is a specialist UK immigration firm located in downtown Manhattan. Over the years we have helped many people navigate the UK visa system and in doing so have learnt a few things about their main queries and concerns. We thought that you might be interested in what we’ve learnt so we’ve set up this blog to share our knowledge and experience.
We will provide regular updates on a wide range of issues relating to UK visa applications, everything from summaries of different types of visas to processing times, visa conditions to topical issues in the media.
If you’re looking to move to the UK from the US or elsewhere in the Americas we hope that our blog will be a useful resource for you. You can find more information about our services on the Smith Stone Walters web site.
