Exploring UK Immigration Options Post US Election Results

08 Nov 2024, 17 mins ago

Following the US election on 6 November 2024, many American nationals may be considering relocating to the United Kingdom. This article is the first in our series on popular immigration routes available to Americans looking to make the UK their new home. Here, we focus on sponsored work visa routes in the UK.

Sponsored Work Visa Routes

Skilled Worker Visa

The Skilled Worker visa is the most common work permit route in the UK. To qualify for this visa, applicants must:

  • Have a Valid Job Offer: Secure employment from a UK employer who holds a valid sponsor licence.
  • Meet Skill and Salary Requirements: The job must meet the required skill level and salary threshold.
  • Eligible Occupation: Ensure the job is listed on the UK government’s list of eligible occupations.
  • ‘New Entrant’ Criteria: Applicants under 26 years old or meeting other specific conditions may benefit from a lower salary threshold.

Visa Duration and Pathway to Settlement:

  • Duration: You can be sponsored for up to five years.
  • Indefinite Leave to Remain: After five years, you may be eligible to apply for permanent residence.
  • Extension: Alternatively, you can extend your visa if your employer continues to sponsor you.

Dependants:

  • Eligibility: Partners and children under 18 can join you in the UK.
  • Work and Study Rights: Dependants are permitted to work (except as a sportsperson or coach) and study.
  • ATAS Certificate: They may need an Academic Technology Approval Scheme (ATAS) certificate to study certain sensitive subjects.

Finding a Sponsored Job:

  • Register of Licensed Sponsors: Consult the Register of Licensed Sponsors to find UK employers with a sponsor licence.
  • Job Search Platforms: Use LinkedIn and other job sites, filtering for positions that offer visa sponsorship.
  • Eligible Roles: Refer to Tables 1, 3, 4 and 5 of the Appendix Skilled Occupations for roles that can be sponsored.

Expansion Worker Visa

The Expansion Worker visa allows established overseas businesses to expand into the UK by sending a senior manager or specialist employee.

Key Requirements:

  • Business Eligibility: The overseas business must have been operating for at least three years.
  • Purpose: To establish and expand a UK branch or a wholly-owned subsidiary in the same sector.
  • Two-Step Process:
    1. Sponsor Licence Application: The company applies to the Home Office for a sponsor licence, providing evidence of planned UK expansion.
    2. Visa Application: Once the licence is granted, the company issues a Certificate of Sponsorship to the employee, who then applies for the visa.

Applicant Eligibility:

  • Employment History: The applicant must have worked for the overseas business for at least one year.
  • Role in the UK: The job must be an approved role listed under Table 2 of the Skilled Occupations.

Visa Details:

  • Duration: The initial visa is granted for one year, with the possibility to extend for an additional year.
  • Dependants: Eligible dependants can accompany the main applicant.

How Gherson Can Assist

Gherson’s Immigration Team has extensive experience advising on UK visa matters. We can assist with:

  • Assessing Eligibility: Determine the most suitable visa route based on your circumstances.
  • Application Preparation: Guide you through the application process for visas and sponsor licences.
  • Compliance Support: Ensure all requirements are met to avoid potential issues.

Contact Us

If you have any questions arising from this article or wish to discuss your specific circumstances, please do not hesitate to contact us. You can also reach us via email or follow us on X, Facebook, Instagram, or LinkedIn to stay up-to-date.

Article Updates

This article was published on 08/11/2024.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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