How to Prepare for a Smooth Transition: Moving from the US to the UK

17 Sep 2024, 05 mins ago

The UK’s complicated immigration rules and regulations can make the process of relocating from the US to the UK difficult. This blog will outline your visa options and the requirements you must meet for a successful ILR application.

Visas

As an American citizen, you will need a visa if you are planning on coming to the UK for more than 6 months, or if you are planning on working while you are here. There are four main categories of visas: visas for visiting the UK, visas for working in the UK, visas for studying in the UK and visas for those who have family in the UK. Each category contains a range of routes, only some of which offer a path to Indefinite Leave to Remain.

If you are planning on moving to the UK for an extended period of time or permanently, a visitor visa is not the right route for you. This is because such visas usually allow to stay in the UK for only up to 6 months and do not permit working for a UK business or as a self-employed person.

There are many routes for those planning on working in the UK. The Skilled Worker and Health and Care Worker visas are the most popular options, as both allow to stay in the UK for up to 5 years, which is a requirement for settlement applications. The Innovator Founder visa is for those who want to set up and run a new and innovative business in the UK. You can also apply via the Graduate, High Potential Individual, Global Talent or UK Ancestry visas if you have not secured a job offer from a UK-based employer and you meet the relevant eligibility requirements.  

Undertaking further or higher education in the UK requires a Student visa. It is important to note, however, that this visa will only last the length of your course, and time spent on it in the UK does not count towards Indefinite Leave to Remain.

If you are coming to the UK to live with a family member who is a British citizen or is settled in the UK for more than 6 months, you will need a Family visa. This family member may be a spouse, partner, fiancé, child, parent or an adult dependant relative who will require long-term care. It is important to understand the evidence you will need to provide and requirements you must meet as they vary under each circumstance.

Visa Application

Once you have decided on the most appropriate route, there are many steps to applying for your visa. You must apply online via the UK government website and pay the application fee and any other costs (e.g. the healthcare surcharge). Then, you will need to book a biometric appointment and submit your data.

Indefinite Leave to Remain

There are eligibility requirements for those wanting to permanently settle in the UK. ILR requires that you have lived in the UK legally for a certain period of time without any extended periods of absence. The minimum period of residency is usually 5 years, but it can be reduced to 3 years for Innovator or Global Talent visa holders. As a US citizen, you will not have to prove sufficient knowledge of English, but you will have to pass the Life in the UK Test. You must also meet the good character and any financial or salary requirements that apply.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on XFacebookInstagram, or LinkedIn to stay-up-to-date.

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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