UK personal immigration law is constantly changing. Responses to political change and global factors often lead to immigration routes being added or eliminated, making it often more difficult to visit, work (temporarily or permanently), live, study or join family in the UK.
Our Private Client immigration team works with a wide range of clients with a connection to the United States, including high net worth individuals and their family offices, and, in many cases, the businesses those families own. A large majority of our US connected clients come from the technology and financial services sectors, making us well placed to deal with the nuances of these high-performing individuals.
Our team provides a tailored and pragmatic approach to find the best route for each client’s individual circumstances and objectives. With more than 35 years experience comes the skill at dealing with the most complex circumstances. Should you hit a bump in the road, we have deep experience in successfully challenging unfavourable Home Office decisions and delays.
We understand that there are many considerations when choosing to relocate. In addition to legal support, we have long-standing relationships with firms who can assist our clients with their cross-border tax planning, schooling, lifestyle management and property searches. Our aim is to make this transition as smooth as possible for our clients.
If you are a citizen of the United States, you do not need a visa to visit the UK as you are considered a non-visa national. The type of activity you are permitted to perform in the UK while visiting will depend on your reason for travelling e.g. holiday, business trip, or private medical treatment. Each of your visits should be for no more than six months, regardless of the total length of your visa or whether you are a non-visa national. We have a history of success gaining Visit visas for non-visa national travellers who have been denied entry to the UK in the past for a variety of reasons, as well as in obtaining marriage visit visas for those US nationals looking to celebrate their special day in the UK.
If you are a US national and would like to come to live with a family member in the UK, you will need to apply for a family visa. A family member includes a spouse/partner, fiancé(e) or civil partner, child, parent or relative who will provide long-term care for you.
The Home Office assesses every application under this visa category rigorously. If you fail to meet the eligibility criteria or documentation requirements, your application may be refused. An experienced legal advisor is key to having the highest chance of success in your application.
There are several different routes available to US nationals looking to come to the UK for work. Our team can assist you with determining the most efficient route to achieve your long-term goals.
As of January 2021, the points-based immigration system in the UK now treats EU and non-EU citizens equally. Under this system, anyone coming to the UK to work will need to meet a specific set of requirements for which they will score points. Different conditions and permitted activities apply to different types of visas.
If you are a US national and recognised as a leader, or emerging leader, in one of the following fields, you may be able to qualify under this route:
This visa route is one of the more complicated routes to determine eligibility, as it involves either having been awarded a prestigious prize or gaining an endorsement from a Home Office approved endorsing body e.g. Tech Nation, UKRI, the Arts Council.
Given the nature of our client base, we have extensive experience with this visa route and are familiar with all the endorsing bodies and their requirements. We’ve had success in gaining Global Talent visas for artists, academics and digital technology applicants. This is a particularly attractive route for those who are looking to stay in the UK long-term, as it allows for multiple extensions and possible ILR status under certain conditions.
The High Potential Individual visa is a great option for recent graduates of top universities in the United States who would like to work in the UK after successfully completing an eligible course equivalent to UK Bachelor’s degree level or above. Not all US universities are eligible institutions, check here to see if your university is on the list.
If your application is approved, you will normally be able to stay in the UK as a High Potential Individual for two years, or three years if your course was a PhD or other doctorate-level qualification. It’s possible to switch from the High Potential Individual route to another immigration category that does lead to settlement, such as the Skilled Worker route.
If you are a US entrepreneur who has developed a new business concept that you wish to bring to the UK, this may be the best route for you. Like the Global Talent visa, this is one of the more complicated visa routes, as it involves having your business idea endorsed by a Home Office approved endorsing body. You will need to demonstrate that you have an original business idea which is different from anything else on the UK market. We have extensive experience in successfully obtaining endorsements for business ideas across many sectors, including technology, health & wellness and manufacturing.
The UK is seeing an increasing number of students from the United States looking to study in the UK, whether as an undergraduate or for a post-graduate degree. If you will be studying in the UK for more than six months, you will need to apply for a Student visa, a Child Student visa, or a Short-term study visa.
These visa routes do not lead to permanent UK residence. However, you may be able to apply for permanent residence once you have lived in the UK for a continuous period of at least 10 years based on multiple UK visas.
If you are a US citizen but you wish for your child, between 4 and 11 years, to study in the UK on a Child Student visa, you may qualify for a Parent of a Child Student visa. An initial Parent of a Child Student application must usually be made from the US. An application can be made from within the UK if you have lawful presence under a visa other than as a visitor, short-term student, or Leave Outside the Rules.
This route allows US students who have completed an eligible course of study in the UK to stay for a further two or three years (if you studied a PhD or other doctoral qualification) to work or look for work.
The Graduate route does not lead to settlement in the UK, and it is not possible to extend this visa. However, it is possible to switch from the Graduate route to another immigration category that does lead to settlement, such as the Skilled Worker route. Speak to us, we would be happy to guide you through the process.
This is a temporary visa that allows you to come to the UK for a maximum of 12 to 24 months for a limited number of educational opportunities:
You must be sponsored by a Home Office approved organisation and demonstrate sufficient funds to be able to support yourself without relying on public funds to be issued with a visa under this route.
The Domestic Worker visa in a private household route allows an individual to apply to enter the UK with their employer, so they can continue to work for that employer. This is a temporary visa, and if approved, it is granted for a maximum of 6 months. It is not possible to extend this visa from within the UK, however, you may be able to extend a Domestic Worker in a private household visa if you applied on or before the 5 April 2012.
There are three ways to challenge a decision from the Home Office: through administrative review, appeal or judicial review.
If you are provided the opportunity to challenge a decision by way of Administrative Review, it is best to seek expert legal advice. It is a process by which a refused immigration application (or a granted application, if you are unhappy with the amount or conditions of your leave) can be challenged on the basis that the decision is incorrect due to a case working error.
This may include scenarios where:
An administrative review is conducted by a separate team that is independent from the original decision maker.
It is important that an application for administrative review is sent promptly, at most within 14 days of the date when you received notice of the decision, if you applied from within the UK (or 28 days from the date of decision if you applied from outside of the UK).
Gherson has ample experience in submitting administrative reviews and has obtained numerous outcomes where decisions were overturned by the Home Office, including recent success in the student, EU Settlement Scheme and spouse categories.
If you are provided a right of appeal and decide to proceed, there will be a full hearing of a case on the facts in the First Tier Tribunal before a judge. The judge will be concerned with whether the Home Office made the right decision, including whether they made a correct factual assessment based on the materials provided in your application. The process can be quite intimidating, and seeking legal advice can help alleviate the stress and assist you in making the strongest possible immigration appeal.
Judicial Review is another means of challenging Home Office decisions, as well as delay in processing applications, via the courts based on illegality, irrationality and/or unfairness. We have had recent success in the Administrative Court in regard to challenging delay to British citizenship applications and in the Upper Tribunal where we challenged delay to Indefinite Leave to Remain applications.
If you would like to proceed with a judicial review, it is imperative that the admissibility rules are strictly applied. This type of court proceeding involves a judge reviewing the lawfulness of a decision in your immigration application. The decision shall be challenged on the basis of being perceived as illegal, irrational or unfair due to the reasoning that the law has not been correctly applied and right procedures were not followed.
An application for judicial review should be made as soon as it is reasonably possible and in the case of a Home Office decision, within 3 months of its receipt. Judicial review can be an extremely complicated process, and thus, it is best to seek legal advice.
As judicial review is not a review of the conclusion of a decision, but of the decision-making process, it means that notwithstanding a judge determining that a decision was made unlawfully, the Home Office could reach the same conclusion following the reconsideration. This is why well-drafted grounds and an appropriate bundle of supporting documents are essential in preparation for judicial review.
Our immigration team understands that a move from the US to the UK can be a stressful and time-consuming experience. The complexity of the UK immigration system can add to that stress. We offer stand-alone consultations where we can review with you your unique circumstances, explain to you your options, and advise you on your best immigration route.
