ARTICLE
17 September 2024

How To Prepare For A Smooth Transition: Moving From The US To The UK

G
Gherson

Contributor

Founded in 1988 by Roger Gherson, Gherson Solicitors LLP was first established as a boutique immigration law firm based in London. Now servicing clients across all areas of immigration, international protection and human rights, white collar crime, sanctions, and civil litigation and arbitration, Gherson LLP’s offices continue to expand across Europe.

With over 35 years of experience, Gherson’s expertise extends from meeting the migration needs of international business people and UK-based companies to litigation in all UK jurisdictions and the European Court of Human Rights and the European Court of Justice.

Navigating UK immigration rules can be challenging for US citizens. Visa options include Skilled Worker, Health and Care Worker, and Family visas. Achieving Indefinite Leave to Remain (ILR) requires legal residency, passing tests, and meeting specific requirements.
United Kingdom Immigration

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.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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