NON SPONSORED WORK VISAS

UK ANCESTRY VISA

If you are a Commonwealth citizen and have a grandparent who was born in the UK, you may be able to live and work in the UK on the basis of your UK Ancestry.  A UK Ancestry visa can only be obtained from outside the UK. 

Requirements for a UK Ancestry visa

In order to qualify for a UK Ancestry visa, you will need to satisfy UK Visas and Immigration that:

  • You are a Commonwealth citizen;
  • You are aged 17 or over on your date of intended arrival to the UK;
  • You are able to provide proof that one of your grandparents was born in the United Kingdom or Islands;
  • Any such grandparent is your blood grandparent or grandparent by reason of an adoption recognised by the laws of the United Kingdom relating to adoption;
  • You are able to adequately maintain and accommodate yourself and any dependants;
  • You are able to work and intend to seek and take employment in the UK;
  • If you are under the age of 18, your parent(s) or guardian(s) have consented to the application;
  • You have provided a TB Certificate, if required.

The exact requirements you will need to satisfy when applying for a UK Ancestry visa will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

UK Ancestry visa conditions of stay

If your application for a UK Ancestry visa is successful, you will be able to work, study and bring your dependant family members to the UK.

There are generally no restrictions on the type of work you can do in the UK.  You may wish to work in paid employment, set up your own business, or do both.

Indefinite Leave to Remain on the basis of UK Ancestry

If your application for a UK Ancestry visa is successful, you will be granted leave to enter the UK for a period of 5 years.

After 5 years residence in the UK on a UK Ancestry visa, you will be eligible to apply for indefinite leave to remain.  In order to qualify for ILR on the basis of UK Ancestry, you must be able to provide evidence that you have been working or genuinely seeking work during the five years of your UK Ancestry visa.

You will also need to have spent not more than 180 days outside the UK in any of the previous 5 years and demonstrate satisfactory knowledge of the English language and Life in the UK.

UK GLOBAL TALENT VISA: INTRODUCTION

The UK Global Talent visa is open to talented and promising applicants within the fields of science, engineering, medicine, humanities, digital technology and arts and culture (including film and television, fashion design and architecture) who wish to work in the UK.

‘Talent’ applicants will already be leaders in their respective field, while ‘promise’ applicants will be able to show the potential to become leaders in their field. 

The UK Global Talent category is not subject to a cap on the number of applicants, does not require a job offer and can lead to settlement in the UK.  A dependent partner and dependent children under 18 can apply under this route.

UK Global Talent Visa Requirements

In order to qualify for a UK Global Talent visa, you will need to satisfy UK Visas and Immigration that:

  • You are aged 18 or over;
  • You have been issued with an endorsement letter by a Home Office approved endorsing body or have been awarded a prize listed in Appendix Global Talent: Prestigious Prizes;
  • Your application does not fall under the general grounds for refusal;
  • You have provided a valid TB certificate, if required.

The exact requirements you will need to satisfy may vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.

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UK Global Talent Endorsement Application

In order to apply for a UK Global Talent visa, most applicants will need to receive an endorsement from an appropriate endorsing body as evidence of their exceptional talent or promise.  You can be endorsed in the fields of science, engineering, medicine, humanities, digital technology and arts and culture (including film and television, fashion design and architecture).

Each endorsing body has its own set of criteria for a Global Talent endorsement, but in each case you will need a substantial body of work and support from experts in your field.  

To find out more about the requirements for endorsement for each field, please visit the following pages:

  • Global Talent Visa: Arts and Culture
  • Global Talent Visa: Film and Television
  • Global Talent Visa: Architecture
  • Global Talent Visa: Fashion
  • Global Talent Visa: Digital Technology
  • Global Talent Visa: Science, Engineering, Humanities and Medicine

Once you have been endorsed, you will be able to apply for a Global Talent visa.  

Alternatively, if you have been awarded a qualifying Prestigious Prize, you will be able to make a single visa application without needing to obtain an endorsement from one of the Global Talent endorsing bodies.

UK Global Talent Prestigious Prizes Route

If you have won a qualifying prestigious award, you will be able to fast-track the endorsement application and instead proceed directly to making a single visa application.

The list of prestigious prizes is set in Appendix Global Talent: Prestigious Prizes.  This list is kept under review and updated from time-to-time.

To be eligible as a prestigious prize, a prize must be given to a named individual and clearly recognise the exceptional talent of that individual.  Therefore, the list does not include prestigious awards for specific works, such as an award-winning film, or prizes given to whole organisations.

Prizes must also be open to all nationalities and winners must be determined by experts or peers, rather than the public. 

UK Global Talent Visa Extension

If you decide that you want to stay in the UK for longer than you anticipated, or if for any reason you are not able to apply for settlement following your initial grant of leave, for example due to excessive absences, then it is possible to extend your stay in the UK. There is no maximum number of years that you are able to remain in the UK in the Global Talent visa category. 

In order to qualify for an extension of stay on the Global Talent route you will need to have earned money in the UK during your last grant of leave and these earnings will need to have been linked to the field which led to your initial Global Talent endorsement (if your initial application was granted using an endorsement) or a field related to the subject matter of your prize (if your initial application was granted using a prize listed in Appendix Global Talent: Prestigious Prizes). You will need to provide evidence from an independent source that is verifiable by the Home Office.

If your initial application was granted using an endorsement you must also not have had your endorsement withdrawn by the endorsing body and the endorsing body must continue to be approved by the Home Office.  The Home Office will also check your character and immigration history to check that you do not fall for refusal under the general grounds.

UK Global Talent ILR

If you continue to satisfy the requirements for an extension of stay set out above and demonstrate sufficient knowledge of the English language and life in the UK then you will be eligible to apply for indefinite leave to remain after spending a continuous period of 3 years in the UK if:

  • You were endorsed by the Royal Society, British Academy, Royal Academy of Engineering or UKRI; or
  • You were endorsed under the exceptional talent criteria by Arts Council England or Tech Nation; or
  • You were granted your initial application using a prize listed in Appendix Global Talent: Prestigious Prizes.

If you were last endorsed under the “exceptional promise” criteria for Arts Council England or Tech Nation you will need to spend a continuous period of 5 years in the UK before being eligible to apply for settlement.

The relevant continuous period can include time spent in the following immigration categories: Global Talent, Innovator, Tier 1 (excluding Tier 1 (Graduate Entrepreneur)), Skilled Worker, T2 Minister of Religion, T2 Sportsperson or Scale-up.

  • Global Talent Visa: Frequently Asked Questions
  • Immigration Rule changes for the Creative Sector
  • Changes to the Global Talent Route in October 2021

Residence Requirement for ILR as a UK Global Talent Migrant

In order to qualify for indefinite leave to remain in the Global Talent category you will need to have spent not more than 180 days outside the UK during any rolling 12 months during the continuous period of leave relied upon.

Global Talent migrants who hold leave following an endorsement by one of the endorsing bodies for science, engineering, humanities and medicine and who have undertaken research overseas directly related to their grant of leave, will not have such absences counted when they apply for settlement.  Partners of Global Talent migrants will be treated in the same way.

Switching Into the UK Global Talent Route

Applications to switch into the Global Talent route may be made from within the UK provided the applicant does not currently have, or was not last granted, permission to stay as a Visitor, Short-term Student, Parent of a Child Student; Seasonal Worker; Domestic worker in a private household or outside the Immigration Rules.

If you hold leave in any of the above categories then you will be required to leave the UK and submit your application for a Global Talent visa from your home country.

UK Global Talent Visa Application Processing Times

If you intend to get to the UK as quickly as possible, you can use priority services at most application centres to get a quick decision on your application. You should work on the basis that the Home Office processing will take around a month, but with priority services it can take around a week to receive a decision.  At some application centres there is a 24 hour processing service. 

You should bear in mind that before the visa application is processed, you will need to wait for a decision on your endorsement application from the endorsing body. 

Working in the UK on a Global Talent Visa 

When you enter the UK in the Global Talent category, you will have a full right to work (including self-employment and voluntary work) but you will not be permitted to be employed as a professional sportsperson or coach.

There is no requirement that you complete a certain amount of work, though you will need to do some, if you intend to settle in the UK permanently.

You will also have a right to study in the UK, if you wish to, but you will not be permitted to access public funds.

Can a UK Global Talent Visa Holder Bring Family Members?

UK Global Talent visa holders can bring their Spouse, Civil Partner or Unmarried Partner.  They can also bring their children, providing they are under the age of 18 when they make their first visa application to enter the category.

UK HONG KONG BN(O) STATUS HOLDER VISA

The UK Hong Kong BN(O) Status Holder Visa is an immigration route for Hong Kong British National (Overseas) citizens to live, work and study in the UK.  

Applicants for a UK Hong Kong BN(O) Status Holder Visa may be ordinarily resident in Hong Kong or the UK.  The UK Hong Kong BN(O) Status Holder Visa route can lead to settlement in the UK.

Hong Kong BN(O) Status Holder Visa holders may be joined by a Dependent Partner and Dependent Children or Grandchildren under 18 of the Hong Kong BN(O) Status Holder or their partner. In exceptional circumstances, other Adult Dependent Relatives with a high degree of dependency on the BN(O) or the BN(O)’s partner may also apply.  Family members can be of any nationality.

Requirements for a UK Hong Kong BN(O) Status Holder Visa

In order to qualify for a UK Hong Kong BN(O) Status Holder Visa you will need to satisfy UK Visas & Immigration that:

  • You are at least 18 years old;
  • You are a British National (Overseas) under the Hong Kong (British Nationality) Order 1986;
  • You are ordinarily resident in Hong Kong (if applying to enter the UK) or the UK, Guernsey, Jersey, the Isle of Man or Hong Kong (if applying for permission to stay);
  • You are able to accommodate and support yourself in the UK for at least six months;
  • Your application does not fall for refusal under the general grounds for refusal;
  • You have provided a valid TB certificate, if required.

The exact requirements you will need to satisfy may vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.

Settlement in the UK under the Hong Kong BN(O) Status Holder Visa route

To apply for settlement, Hong Kong BN(O) Status Holder Visa holders must be able to demonstrate 5 continuous years of residence in the UK. 

If an applicant has spent time in the UK with a different type of leave under which a person can settle, this leave can be combined with time spent in the Hong Kong BN(O) category.

Absences from the UK of up to 180 days in any 12-month period are acceptable.

To settle in the UK after 5 years, those under 65 need to satisfy the Knowledge of Language and Life in the UK requirements.  

UK Hong Kong BN(O) Status Holder Visa and British Citizenship

After being settled for a year, BN(O)s can apply to register as British under section 4 of the British Nationality Act 1981, and adult dependents can naturalise as British.

There are stricter residency requirements of no more than 450 days outside the UK during the 5 years prior to the date of application, and no more than 90 days outside the UK in the 12 months prior to the application.

Dependents of Hong Kong BN(O) Status Holders

Hong Kong BN(O) Status Holder Visa holders may be joined by a Dependent Partner and Dependent Children and Grandchildren under 18 of the Hong Kong BN(O) Status Holder or their partner. In exceptional circumstances, other Adult Dependent Relatives may also apply. Family members can be of any nationality.

GRADUATE VISA

The Graduate Visa allows international students who have completed an eligible UK degree to stay in the UK to work, or look for work, for two years (three years for those being awarded doctorates) after they have completed their studies.

The Graduate Visa does not lead directly to settlement, but graduates on the route are able to switch into other work-based routes which can lead to settlement.

Graduate Visa Requirements

In order to qualify for a Graduate Visa, you will need to satisfy UK Visas & Immigration that:

  • You have successfully completed a UK degree, or other eligible course;
  • You have studied at a Higher Education Provider which is a student sponsor with a track record of compliance;
  • You have held permission as a Student, which was granted to study the relevant qualification in the UK, for a minimum period of time;
  • You are applying from within the UK and have valid leave as a Student or Tier 4 Student at the date of application;
  • You have not previously held permission on the Doctorate Extension Scheme (DES), or the Graduate route;
  • You do not fall for refusal on grounds of suitability.

Duration of stay in the UK on the Graduate Immigration Route

Successful applicants on the Graduate Visa Route who have completed a bachelor’s or master’s degree are able to stay in the UK for two years. Doctoral students are able to stay in the UK for three years.

Graduate Visa Extensions of Stay

It is not possible to extend permission to stay on the Graduate Immigration Route.

Graduate Visa Settlement or ILR

The Graduate Visa does not lead directly to settlement or indefinite leave to remain.  However, once on the Graduate Immigration Route you will be able to extend your stay by switching into other work-based routes, such as the Skilled Worker route, the Global Talent route and theInnovator route, all of which can lead to settlement.  Applicants will of course need to satisfy the requirements of the route.

UK FRONTIER WORKER PERMIT

Frontier Worker Permits are available to EU, EEA and Swiss citizens who are not primarily resident in the UK but who are, or fall to be treated as, working or self- employed in the UK (also known as cross-border commuters).  

It is mandatory for all Frontier Workers (except Irish citizens) to hold a UK Frontier Worker Permit in order to enter the UK as a Frontier Worker. 

Family members of Frontier Workers may apply for an EU Settlement Scheme Family Permit.

Requirements for a UK Frontier Worker Permit

In order to qualify for a UK Frontier Worker Permit you will need to satisfy UK Visas & Immigration that:

  • You are an EEA, EU or Swiss citizen; and
  • You are not primarily resident in the UK; and
  • You are either a worker or self-employed person in the UK or a retained worker or self-employed person in the UK;
  • The above criteria were met immediately prior to 31 December 2020 and have been met continuously since.

The exact requirements you will need to satisfy will vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.

Entry to the UK as a Frontier Worker

You will need to produce a valid Frontier Worker Permit in order to be admitted to the UK as a Frontier Worker (unless you are an Irish citizen).

Validity Period of UK Frontier Worker Permits

If your application for a UK Frontier Worker Permit is successful then your Frontier Worker Permit will be valid for:

  • 5 years if you meet the eligibility criteria as a current frontier worker; or
  • 2 years if you meet the eligibility criteria as someone with retained worker status.

Extending a UK Frontier Worker Permit

As a Frontier Worker you will be able to apply to renew your Frontier Worker Permit for as long as you continue to be a Frontier Worker in the UK. 

The Frontier Worker Permit Scheme does not lead directly to settlement in the UK.  If you wish to pursue settlement or long-term status in the UK, you should consider making an application for Pre-Settled Status or Settled Status under the EU Settlement Scheme, or leave to enter or remain under the Skilled Worker route.

YOUTH MOBILITY SCHEME VISA

The Youth Mobility Scheme visa is for young adults from participating countries and territories who wish to experience life in the United Kingdom for a period of up to two years.

Dependants are not eligible to apply on the Youth Mobility Scheme visa route and it is not a route that leads directly to indefinite leave to remain in the UK. However, Youth Mobility Scheme visa holders may be able to apply from within the UK to switch into a route that does lead to settlement in the UK.

Requirements for a Youth Mobility Scheme visa

In order to qualify for a Youth Mobility Scheme visa, you will need to satisfy UK Visas & Immigration that:

  • You are aged between 18 and 30 on the date of the application;
  • You are a citizen of Australia, Canada, Hong Kong, New Zealand, Japan, India, Iceland, Monaco, Taiwan, the Republic of Korea, or San Marino or are a British Overseas citizen, British Overseas Territories citizen or British National (Overseas);
  • If you are a citizen of India, you hold an education qualification equal to or above RQF level 6 or have a minimum of three years’ work experience in a professional role equivalent to an eligible occupation listed in Appendix Skilled Occupations;
  • You have funds of £2,530 which you have held for a 28 day period within the 31 days before your application;
  • You do not have any children under 18 who are living with you or are financially dependent on you;
  • You have not previously been in the UK on the Youth Mobility Scheme route;
  • You have paid the visa application fee and Immigration Health Charge and provided any required biometric information;
  • You have taken a tuberculosis test, if required;
  • You do not fall for refusal under the general grounds for refusal.

The exact requirements you will need to satisfy will vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.

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Youth Mobility Scheme Quotas

There are quotas on the number of places available on the Youth Mobility Scheme each year from Australia, New Zealand, Canada, Japan, Monaco, Taiwan, Hong Kong, the Republic of Korea, San Marino, Iceland and India.  The allocation of places for 2022 is as follows:

  • Australia – 30,000 places
  • New Zealand – 13,000 places
  • Canada – 6,000 places
  • Japan – 1,500 places
  • Iceland – 1,000 places
  • India – 3,000 places
  • Monaco – 1,000 places
  • Taiwan – 1,000 places
  • Hong Kong – 1,000 places
  • Republic of Korea – 1,000 places
  • San Marino – 1,000 places

There is no quota on the number of British Overseas citizens, British Overseas Territories citizens or British National (Overseas) citizens who may qualify for a Youth Mobility Scheme visa.

Youth Mobility Scheme Country-Specific Requirements

You must apply for and obtain entry clearance under the Youth Mobility Scheme route before arriving in the UK.

If you are a national of Australia, Canada, Monaco or New Zealand, or you are a British Overseas citizen, British Overseas Territories citizen or British National (Overseas), you will not be required to meet any country-specific requirements, but must meet the financial requirement set out below.

If you are a national, citizen or rightful passport holder of Hong Kong, Japan, Republic of Korea or Taiwan, you must have been issued with an invitation to apply to the Youth

Mobility Scheme and have made your application within any time limit specified on that invitation.

If you are a national, citizen or rightful passport holder of San Marino, you will need to provide a letter confirming that you are a suitable candidate for the Youth Mobility Scheme from the Directorate of Political and Diplomatic Affairs of the Republic of San Marino Department of Foreign Affairs. The letter must have been issued no more than 6 months before the date of application.

If you are a national, citizen or rightful passport holder of Iceland, you must provide a Criminal Certificate for Private Use that has been issued no more than 6 months before the date of application.

If you are a national, citizen or rightful passport holder of India, you must :

  • have been issued with an invitation to apply to the Youth Mobility Scheme;
  • have made your application within the period of time specified on that invitation;
  • provide the unique application number for that invitation to apply;
  • provide a local police certificate or a police clearance certificate that has been issued no more than 6 months before the date of your application; and
  • either: (i) have a minimum of 3 years’ work experience in a professional role equivalent to an eligible occupation listed in Appendix Skilled Occupations and provide specified evidence of that qualification; or (ii) hold a qualification equal to or above RQF level 6 and provide specified evidence of that work experience.

Youth Mobility Scheme Ballot (Invitation to Apply) Process

If you are a national, citizen or rightful passport holder of Japan, Taiwan, Hong Kong (if you have an SAR passport), the Republic of Korea or India you will need to apply for a ballot before applying for a Youth Mobility Scheme visa.

Applicants must submit an expression of interest in applying for entry clearance under the Youth Mobility Scheme through the Home Office’s process. The Home Office then selects at random who will be invited to apply for entry clearance from the pool.

Ballots typically open in January and July each year and are open for 48 hours. If you are successful in the ballot you will have 30 days to submit your Youth Mobility Scheme visa application.

To evidence they were successful in the ballot, nationals of the above-mentioned countries must (a) have been issued an invitation to apply; and (b) made their application within the period of time specified in the invitation.

Youth Mobility Scheme Financial Requirement

You must have funds of £2,530 which you have held for a 28 day period within the 31 days before your application.

You must not have any children under the age of 18 who are either living with you or who are financially dependent on you.

Youth Mobility Scheme Visa Decision 

If your application for a Youth Mobility Scheme visa is approved then you will be permitted to enter and remain in the UK for a period of up to 2 years.

During this period you will be able to enter and leave the UK at any time. If you turn 31 while you’re in the UK, you can still stay for as long as your visa is valid.

Conditions of Stay on the Youth Mobility Scheme Visa

As a Youth Mobility Scheme visa holder you will be allowed to work in the UK, other than as a professional sportsperson or sports coach. However, you can only be self- employed where you have no employees, the total value of any equipment used for the business is below £5,000, and you do not own any premises from which you carry out a business (except for your home). 

You will also be allowed to study. However, unless you are a citizen of Australia, Canada, Japan, New Zealand or the Republic of Korea, you will be subject to the conditions of the Academic Technology Approval Scheme. This requires a certificate in order to study certain subjects in the UK at a postgraduate level.

You will not be permitted to access public funds.

Switching Into Another Immigration Category

Prior to your Youth Mobility Scheme visa expiring you may be able to apply from within the UK to switch into another immigration category, such as the Skilled Worker route or the Start-up route.  Our immigration barristers can advise on potential long term immigration routes, including routes which can lead to settlement in the UK.

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