UK VISA SYSTEM FOR EXPATS. Paula McGoewn Do Your Own Visa

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1 UK VISA SYSTEM FOR EXPATS Paula McGoewn Do Your Own Visa

2 Generally, in the United Kingdom (UK) it is requirement for foreign nationals to have a valid visa. a There are some exceptions to this, including returning residents with indefinite leave to enter or remain and, for now, European Union (EU) nationals. Currently, EU nationals have free entry and gain permanent residency status after five years of exercising their EU Treaty rights in the UK. After Brexit, EU nationals will be required to confirm their status in the UK, whereas this is voluntary at the moment. The UK offers several visa routes for Expats depending upon their particular circumstances. These fall into the following categories: Work visas Business and Investment visas Student visas Tourist and short-stay visas Family visas. The UK offers a range of visas that are designed for highly skilled professional workers, investors, business people and students. It operates under a five-tier system.

3 The Tiers Tier 1 Visa: Identified as 'high-value migrants' from outside the EU, this Tier covers the entry of entrepreneurs and investors. Tier 2 Visa: Reserved for highly skilled professional workers from outside the EU who have a confirmed job offer in the UK. This Tier provides for skilled workers transferred to the UK by an international company, skilled workers where there is a proven shortage in the UK, ministers of religion, and sports people. Tier 4 Visa: For students aged over 16 and over from outside the EU who wish to study in the UK. Applicants must be offered a guaranteed place at a registered UK educational establishment before they can apply for this visa. Tier 5 Visa: This visa stream contains six sub-tiers of temporary worker visas including creative and sporting, charity personnel, religious workers, and the youth mobility scheme which enables young people to work in the UK on working holidays. The "working holiday visas" are awarded to young people from countries that have reciprocal arrangements with the UK, with the following applicant criteria: Aged between 18 and 30 Have at least 1890 in savings Hold a current passport from Australia, Canada, Japan, Monaco, New Zealand, Hong Kong, Korea or Taiwan Potential applicants cannot apply if they have children or have already been in the UK under the scheme.

4 Work Visas Tier 1 Entrepreneur Stream: Applicants must be able to show that they want to set up or run a business in the UK and have at least 50,000 to invest in it. Applicants must also deliver a detailed and robust business plan, which will be reviewed by the Home Office for genuineness and viability. The applicant will be invited to interview and will be asked about their business plan, finances, business background, their understanding of UK business law, and their migration history. Funding arrangements will be scrutinised, particularly the source of the funds. Key areas to keep in mind when looking at doing an Entrepreneur stream visa are the creation of jobs in the UK and operating within the bounds of UK Employment Law; showing what steps you will take to protect your investment, how the business will be financed in future years, and that the business you seek to establish will have a significant impact. Essentially, the bar is set high for this visa stream, and the Government seeks to attract the best business people to take up this visa type. Tier 1 Investor Stream: Applicants in the Investor Stream need to show that they have at least 2,000,000 to invest in the UK economy, which does not include investment in UK Government bonds or shares. Tier 1 Exceptional Talent Stream The Exceptional Talent category requires the applicant to be endorsed as an emerging leader in their field. Once that has been established, they can apply for a visa.

5 Entry to the UK under the Exceptional Talent visa is limited to 2,000 applicants per year and is made available to individuals who have been recognised either as existing global leaders or as promising future leaders in the fields of digital technology, science, arts, and the creative sectors. An applicant must first meet one of the following criteria: A proven and demonstrable track record of business innovation within the digital technology sector as either a founder or a company director, though being a significant employee in such a sector is acceptable. Proven recognition for work outside the candidate s immediate occupation that has contributed to the advancement of the sector. This may be established by mentoring, advising, teaching, or participating in relevant clubs and societies. If the candidate meets one of those criteria, they must then meet at least two of the following four criteria: Significant technical, commercial or entrepreneurial contribution in the digital technology sector as either an entrepreneur, director, or founder of a successful digital technology company. Recognised as a world leading talent in the digital technology sector, with a reputation based on that. Completion of continuous learning or demonstrated mastery of new digital skills in either a commercial or technical field throughout their career; Demonstrated exceptional ability in the field by making academic contributions through research, with a track record of publishing in journals or respected papers, and/or the furnishing of suitable awards.

6 Exceptionally, an applicant may apply as a "candidate with exceptional promise." This type of visa route is designed expressly for experts who are renowned in their field and are looking to take up a position in the UK. Family Members Family members of Tier 1 visa holders can apply to join them in the UK if they meet the following criteria: They are the dependent spouse, civil partner, unmarried or same-sex partner or child of a person who has, or is at the same time applying for, leave to remain or extended leave as a Tier 1 migrant. Dependents of Tier 1 applicants must be able to show that they can be independently supported while they are in the UK and have sufficient financial resources available to them. Tier 1 visa holders who have a child whilst in the UK can also apply for permission for them to stay. Tier 2 Visa Many skilled Expats will enter the UK with a Tier 2 visa which means that they would be coming to the UK to take up the offer of a skilled job with a UK employer as their sponsor. This route is driven by sponsorship, and your sponsor will check that you can do the job they re hiring you for and if it qualifies you for a visa. They ll assign you a certificate of sponsorship to prove this. In addition, both you and the sponsored position needs to meet certain criteria, including particular eligibility elements for yourself - such as level of English, an appropriately clean criminal record, and a TB check - while the job must offer a salary of at least 30,000 per year. As with Tier 1 visas, any family member wishing to join you in the UK must apply for their own visa.

7 AT A GLANCE Entry into the UK for workers is allowed under Tier 1, 2, or 5 visas. If you are entering as an entrepreneurial migrant, check that you meet the minimum criteria, including a fully-costed forward looking business plan and proof of financial backing. If you intend to enter as a migrant with exceptional talent, you must meet the criteria in both parts of the endorsement criteria before you can apply for a visa. You must have a UK-based sponsor to apply for a Tier 2 visa. Your Tier 2 job must attract a salary of at least 30,000. Tier 2 visas do not have the same restrictions in terms of the number allowed each year or entry criteria as Tier 1 visas. For all working visa types, you can apply up to three months before the start of your job or commencement of an entrepreneurial position.