Moving to the UK: Overview of Visa Options

Good morning, dear readers!  Are you ready for part one of this series on moving to the UK?  Also, have you read the backstories about why and how I first expatriated?  You should definitely check them out - and learn from my mistakes!

Just to recap and for those of you who are new to this blog, here's my history with moving to/from London in the past four years:

September 2008: moved to London as a post-graduate on a Tier 4 student visa (which expired in December 2009)

August 2009: returned to Washington, DC to accept a job offer

June 2010: moved to London without a job on a Tier 1 Post-Study Work visa (which expires in June 2012)

When I applied to UCL, I wasn't intending on using my course as a way to eventually get a work visa; it wasn't until early 2009 that I knew I wanted to stay in London long-term.  However, if you want to move to the UK and, for whatever reason, a further degree would help you down the road, I believe that enrolling in an accredited program and receiving a Tier 4 visa is a primary gateway into the world of living and, possibly, eventually working in the UK.  You can legally be employed in the UK while on a Tier 4 visa but are limited to 20 hours of work per week.

Frustrations aside, applying for my Tier 1 visa in spring 2010 was not difficult; see this post for more information.  It used to be possible to extend the Tier 1 visa, which is non-sponsored, but unfortunately this option was taken off the table recently.  Also, get cracking if this is something that you might want to pursue, because the Tier 1 Post-Study Work route will be closed to new applicants as of April 2012.

So what to do if you can't apply - or have already applied - for a Tier 4 or a Tier 1 visa?  Your best bet is to try for a Tier 2 visa, which is also known as a sponsored work permit.  If you decide to go for a Tier 2 visa, you'll be choosing between one of two options unless you're a sportsperson or a minister of religion, in which case you probably don't need my help.  The easiest way to be granted a Tier 2 visa is through an intra-company transfer; what this means is that your current job wants to move you to their UK office.  To be honest, I don't know too much about this route, but I think you're probably guaranteed a visa if your employer has enough muscle to have a global presence and you're important enough to be transferred.

The second and slightly trickier Tier 2 option is applying for general sponsorship; what this means is that you've been offered a job by an organization in the UK and they're willing to declare that no one in the EU can do the job better than you can.  It is relatively simple to switch into a Tier 2 visa from a Tier 1 visa as long as you're remaining in the same role at the same company throughout the process because the sponsoring organization has to jump through fewer hoops to sponsor you if you were originally hired by them on a Tier 1 visa.  However, it is difficult to be hired blind by an organization who is willing to sponsor you on a Tier 2 visa.  From what I've heard from recruiters as well as from people who have been lucky enough to be successful in this endeavor, you have a better chance of going straight on to a Tier 2 visa if you have more skills and experience.  In other words, the company can probably prove that no one in the EU can do your job better than you can if you're high on the professional food chain, but it's going to be tougher if you're entry or even mid-level.

These are the options for working in the UK that only concern you, in the instances of the Tier 4 or Tier 1 visas, or you and your employer, in the case of the Tier 2 visa.  If you are in a position to involve a British national or someone who is legally living in the UK, read on...

A Fiancé(e) visa will allow you to remain in the UK for up to six months but you cannot legally work while on this visa.

An Unmarried Partner visa will allow you to live and work in the UK for 24 or 27 months (depending on what criteria you meet) and, afterwards, you can apply for indefinite leave to remain.

A Spousal visa will allow you to live and work in the UK for a probationary period of two years, after which you can apply for indefinite leave to remain, or to settle permanently immediately (depending on what criteria you meet).

In addition, if you want to live and work in the UK and you are genetically blessed, you can apply for a work visa based on ancestry if you are a Commonwealth citizen and at least one grandparent was born in the UK.

Whew!  I think that's it - I hope I answered any questions you might have.  Please leave a comment if you know more than I've covered here.  I would love to start a discussion about all of this because I know it's complicated and, from experience, it really helps to feel that other people are researching and/or going through the same process as you are.

However, I do want to add two things to what I've said already:

1. Do not overstay your visa.


I'm not even kidding.  Do not remain in the UK illegally.  I read a blog recently (though I can't for the life of me remember where) in which the blogger admitted that she lived in the UK with her English boyfriend for well over a year and, because she had overstayed her tourist visa, couldn't leave the country until she was ready to move back to the US.  I cannot emphasize enough how stupid this is.  The chances that you'll be caught and deported are very slim, but if you overstay your visa, leave the country, and then try to return, you might be refused leave the enter the country ever again.  The border officials will have every legal right to bar you from coming into the UK.  Ever.  It is just not worth the risk.


2. Read and follow the directions.


Despite what a lot of people - including me, when I was going through the process - think, the border agency in the UK is not out to make your life more difficult.  They are not going to deny you a visa just because they're having a bad day.  If you are eligible for a visa and you do everything the guidance notes tell you to do when applying and they haven't filled their annual quota, you will probably be given a visa.  It really is that simple.  Make sure that you're actually eligible, read the instructions on how to apply, follow the directions, and you'll most likely be successful.  I know a woman whose visa application was denied because she hadn't submitted all of the necessary supporting documents and she was beside herself when her appeal was refused.  If your application is incomplete or incorrect the first time around and it is rejected, you have to reapply; an appeal won't do anything because you're essentially trying again using the same material that was deemed inappropriate the first place.

If you have any questions at all about any part of this process, consult a lawyer or other official advisor.    In the meantime, though, I do hope this has been useful!  Tomorrow: ways to look for (and hopefully find) work in the UK.