Indefinite Leave to Remain (ILR) is also commonly referred to as 'Permanent Residence'. If you are a foreign national and you are granted Indefinte Leave to Remain, you will have permission to live and work in the UK without restriction. Visa categories that can lead to Indefinite Leave to Remain include: Spouse visa / Unmarried partner visa (after 2 years for visas issued prior to 9 July 2012) Tier 1 visa / UK work permit (after 5 years) UK ancestry visa (after 5 years) EU nationals and dependents (after 5 years) Long residence (after 10 years legal residency in the UK) ILR Qualification Criteria To qualify for Indefinite Leave to Remain you must saitsfy the following criteria: You must complete 5 years of continuous residence in the UK and adhere to certain income requirements Keep a detailed record of any absences from the UK over the last 5 years, as any lengthy absences may impact upon your application You must demonstrate a good knowledge of language and life in the UK, by way of the Life in the UK' test - a compulsory 45 minute test devised for foreign nationals seeking indefinite leave to remain in the UK or naturalisation as a British citizen Want to know if you qualify for Indefinite Leave to Remain? Talk to our experts and get the right advice first time, every time. Find Out Now
The UKBA rules and regulations make it possible for eligible partners of UK citizens or permanent residents to enter and live with their partner in the UK. Partner visa categories include: Spouse visas (husband or wife) Civil partner visas (for same sex partners) Unmarried partner visas Fiance visas To qualify under one of the UK's partner visa categories listed above, applicants must be of a minimum age plus they must meet English language, accommodation and maintenance requirements. In addition, applicants must also be able to demonstrate that their relationship is existing and genuine in nature. Partner visa applicants may also be required to meet certain health and character requirements. Want to find out if you qualify for a UK Partner Visa? Talk to our experts and get the right advice first time, every time. Find Out Now
The rules and regulations around entry to the United Kingdom for foreign nationals (including American citizens) are governed by the UK Border Agency (UKBA). Unlike the United States of America, the United Kingdom does not operate a ‘visa waiver programme’ and as such everyone who enters the UK (and who doesn’t have right of abode in the UK) will require a visa in order to stay in the UK. The United States however, is included as one of the UK’s ‘designated countries’ and as such in many instances American citizens coming to the UK in a tourist or business visitor capacity will simply be able to apply for a visa upon arrival in the UK. The UK has very precise definitions of tourism and business. American citizens seeking to enter the UK in any other capacity such as an intern (paid or unpaid), student, prospective student, spouse/fiancé/partner, parent, charity worker/religious worker, or American citizens coming to the UK to work (either paid or unpaid) or to marry, and all dependents in the preceding categories, are required to obtain UK entry clearance prior to entering the UK regardless of the duration of their stay. Entry to the UK as a Tourist UK Tourist Visas allow American citizens to enter the UK without the need for some of the more formal routes of immigration. Tourist visas are valid for any period of time up to a maximum of 6 months. To visit the UK in a tourist capacity you must be able to show that: you intend to visit the UK for no more than six months; and you have enough money to support yourself and live in the UK without working or needing any help from public 1funds. Entry to the UK as Business Visitor American business people seeking to come to the UK for short periods of time in order to carry out business related activities may be eligible to enter the UK as a Business Visitor. American citizens seeking to visit the UK as a Business Visitor should: be based abroad and not intend to transfer their base to the UK, even temporarily; and receive their salary from abroad, although it is acceptable for them to receive reasonable travel and subsistence expenses whilst in the UK; and not be involved in selling goods or services direct to members of the public; and not be replacing someone in the UK, including for temporary leave periods; and not be coming to the UK to do work placements or internships. Entry to the UK for the Purpose of Marriage/Civil Partnership If you are entering the UK for the purpose of marriage or forming a civil partnership, please see the following section of our site: ‘ UK Partner Visas for American Citizens ’. Entry to the UK for the Purpose of Employment and Work If you are entering the UK for the purpose of seeking employment or taking up work in the UK, you can find out more by visiting the section of our site titled ‘ UK Work Visas for American Citizens ’. Entry to the UK for the purpose of study If you are entering the UK for the purpose of study please see the section of our site titled ‘ US Citizens and Studying in the UK '. Routes for Settlement in the UK as a US Citizen There are several UK visa categories that can lead to settlement in the UK for an American citizen. These include: Unmarried Partner visa Spouse visa Tier 1 Entrepreneur visa Tier 1 Investor visa Tier 2 Work Permit Tier 2 Intra-Company Transfer All of the above visa categories can lead towards Indefinite Leave to Remain - an immigration status that is granted to a person who does not hold right of abode in the UK, but who has been admitted to the UK without any time limit on their stay and who is free to seek and take up employment or study in the UK without any restrictions. Identify Cards for American citizens Under the provisions of the Immigration (Biometric Registration) Regulations 2008, the UKBA also has begun mandatory issuance of identity cards to American citizens who apply for an extension of their stay in the United Kingdom as students or as the husbands, wives, or partners of permanent residents. Detailed information regarding UK identity cards for foreign nationals is available here .
UK Work Permit Advice & Assistance The Tier 2 work permit category forms a core component of the UKBA’s points-based system for managed migration. How to Get a Work Permit Before you can apply you must satisfy the following work permit requirements: Have received a confirmed offer of employment from a licensed UK employer who will act as your sponsor; and Be in possession of a Certificate of Sponsorship issued by your sponsoring employer; and Pass the points-based assessment, details of which can be found on the category specific work permit pages listed below. There are three main categories of UK work permit we advise on. These are: Tier 2 General - Skilled Worker Tier 2 Intra-Company Transfer Tier 2 Sportsperson Visa The work permit application process is led by the employer who is responsible for issuing you (the applicant) with a Certificate of Sponsorship. Employers who want to know more about Tier 2 work permits are advised to read our section on Tier 2 visa information for employers. Want to find out if you qualify for a UK Work Permit? Talk to our experts and get the right advice first time, every time. Find Out Now UK Work Permits (General Category) & Permanent Residency As a UK work permit holder you can qualify for permanent residence if you have lived and worked in the UK for a minimum of five years. Once you have satisfied the five year requirement you may qualify for Indefinite Leave to remain in the UK, which can be then be followed by British Naturalisation as a UK citizen. Intra-Company Transfers & Permanent Residency As a UK work permit holder under the ICT category, you can qualify for permanent residence if you have lived and worked in the UK for a minimum of five years and was granted a Tier 2 intra company transfer visa under the rules in place before 6th April 2010 or had previous leave as a qualifying work permit holder. Once you have satisfied the five year requirement you may qualify for Indefinite Leave to remain in the UK (ILR), which can be then be followed by British Naturalisation as a UK citizen. Changes of Employment If you wish to change employers you must get a new Certificate of Sponsorship from a licensed employer. You will also need to undergo a reassessment against the current points test and the position will need to satisfy the advertising requirements of the resident labour market test (if applicable). How We Can Help You Assessment of Your Personal Circumstances We know that every case is different. Our OISC registered consultants are here to listen, understand and provide you with accurate advice about the best UK visa route according to your personal circumstances. Documentation Following our comprehensive assessment of your circumstances we will provide you with full details of all documentation we require to prepare and submit a successful work permit application on your behalf. Preparation and Submission of Your Application Once you’ve provided all of the request documents your dedicated case manager will collate all documentation and prepare your application in accordance with the latest immigration rules and requirements. Advertising the Role If necessary, we can advise and assist with ensuring the advertisement placed meets the government criteria. Application Monitoring and Liaising with UKBA Your case worker will submit your application to the UKBA on your behalf and monitor progress, keeping you up to date at every step of the way. We will also manage any requests for additional information from the UKBA. Then as soon as UKBA have approved your work permit application we’ll notify you immediately. Our team of qualified immigration consultants know first-hand the stress involved with making a UK visa application and we’re on hand to answer any questions you have throughout the application process.
When hiring skilled migrant workers from around the world employers must ensure they meet the stringent legislative requirements set out by the UKBA. Under the Tier 2 visa category employers are responsible for making sure that migrant workers are eligible to fill the positions their organisation has to offer. In line with this employers may be subjected to immigration compliance checks, with or without receiving prior notice. In order to employ a foreign national, employers must first hold a sponsorship licence. ‘A level’ or ‘B level’ sponsorship licenses are issued according to the UK Border Agency's risk assessment of each employer or organisation. In the majority of instances employers will be awarded an ‘A’ rating, however in cases where employers do not sufficiently fulfil their responsibilities they may be downgraded to a ‘B’ rating, or have their licence revoked meaning they will no longer be allowed to recruit from the foreign labour force. Employers with a sponsorship licence who are seeking to employ foreign nationals are required to issue potential employees with a certificate of sponsorship. To issue a certificate of sponsorship the employer must be able to show that: The position is a genuine vacancy with remuneration equal to that which a UK national would receive were they to be employed in the same position. The role must also be at or above the National Vocation Qualification (NVQ) level 4. They have attempted to fill the role within the UK, provided that the role is not considered a shortage occupation that appears on the shortage occupations list. In such cases the position does not have to be advertised in the UK before a sponsoring employer can employ a non-EEA national. Jobs on the Shortage Occupation List If you are seeking to hire a foreign national worker to fill a position listed on the shortage occupation list, you will not be required to satisfy the resident labour market test for that position. Job that require the Resident Labour Market Test If the position you are seeking to fill with a migrant worker is not on the shortage occupation list you will be required to satisfy the requirements of the resident labour market test. This means that you will need to advertise the job in the UK to determine that a suitable settled worker cannot be found before granting a certificate of sponsorship to the foreign national.
