Emigrating to the UK (a brief-ish guide)

I'm a moderator over at r/ukvisa and we get a fair number of questions of this sort, so I thought I'd do kind of a basic post on how to move to the UK from a non-EEA country.

Quick disclaimer: This isn't intended as legal advice or an authoritative source on immigration. It's basic guidance for people who want to know what possibilities exist for moving to the UK. Each type of visa is more complex than the information given here, and admittedly there are a lot of nits which can be picked in this post, but I'm just going to try to hit the important points.

Disclaimer 2: Not everyone is going to be able to do this. Outside of marriage/ancestry, people without significant work experience, without 4-year degrees, or who have careers which are not in demand, simply may not find it possible at this point in time. You may actually need a major life change in order to have a realistic chance, that's up to you.

Options:

1. Ancestry Visa: This is an option only if you are a citizen of a Commonwealth country and have a grandparent (not great-grandparent, specifically a grandparent only) who was born in the UK. This route is very straightforward, and the easiest way to immigrate for those fortunate enough to have the means for it. An ancestry visa (technically a work visa) is valid for 5 years and can lead directly to settlement (Indefinite Leave to Remain) and British citizenship.

2. Marriage/2-year cohabitation with a British citizen, EEA citizen, or permanent resident: I'm not going to cover this in any detail because it's vastly complicated, but it's a relatively stable option for those who are in a genuine partnership with someone with 'settled' status in the UK and meet the financial requirement.

3. Youth Mobility Scheme: This is a temporary option for staying up to 24 months in the UK. It is only available to citizens of Australia, New Zealand, Canada, Japan, Monaco, Taiwan, Hong Kong, and Korea (citizens of the latter two countries will need British employer sponsorship in order to apply) aged 18-30 years. This is not meant as a means of gaining permanent settlement; the only way to remain in the UK after a YMS visa is by marriage to a British/EEA citizen or visa holder. However, it is a great way to experience the UK and allows you to study and/or work with very few restrictions.

4. Student Visa: You can come to the UK temporarily to study. This is not intended as a route to permanent settlement, but it is possible in some circumstances. The only way to remain in the UK after your course of study is by marriage/partnership with a British/EEA citizen, to extend your Tier 4 for a limited time with a higher course of study, or to find employment with a Tier 2 (General) sponsor. If you have a Tier 4 Student visa, you are exempt from having the Resident Labour Market Test performed during the period between receiving your degree/certificate and the expiration of your visa (between 2-4 months). So, you would have a limited but significant amount of time in order to procure Tier 2 sponsorship to remain in the UK.

5. Work Visa: I'm dividing this into two parts because work visas (Tier 2) have effectively been condensed to two different routes, Tier 2 (Intracompany Transfer) and Tier 2 (General). It needs to be noted that work visas are most susceptible to change, and really require constant vigilance in remaining up-to-date with visa restrictions and requirements. When the Migration Advisory Committee needs to find a way to reduce non-EEA immigration, Tier 2 work visa holders are usually the first ones hit with new restrictions.

5a) Tier 2 Intracompany Transfer: Get a job with a multinational company and have them send you to their UK office. Normally you must have worked with your employer for at least 12 months and have a salary which justifies the transfer (£41,500 at this point in time). The most important thing to note with an ICT visa is that it does NOT lead to permanent settlement, unless you are making over £120,000 per year and the UK branch is a Tier 2 sponsor. You cannot apply for Indefinite Leave to Remain if you have a Tier 2 ICT visa. A 12-month 'cooling-off period' applies in most cases to prevent switching to a Tier 2 General visa. Do not consider this as a possible route to settlement unless you are a very high earner.

5b) Tier 2 General: This is the work visa you ultimately want, if settlement is your aim. Tier 2 General visas are sponsored by UK-based companies and can be held for a maximum of 6 years total, including extensions. This is a visa which can lead to settlement (Indefinite Leave to Remain). The reason this visa is so difficult to obtain is because it has relatively steep requirements:

• The employer must be a registered Tier 2 sponsor. Employer sponsorship can take a few months to obtain, and isn't expensive, but requires extensive auditing and paperwork.

• The job must be an appropriate professional level: NQF level 6 or above (for jobs which aren't in shortage), or NQF level 4 and above (for jobs on the shortage list). A list of job SOC codes can be found here. There is simply no way to get sponsorship for low- or unskilled work.

• The employer must be offering an appropriate salary. Minimum £30,000 for experienced workers (aged 26+) or £20,800 for new entrants (or new grads).

• If the job is not on the shortage occupation list, the employer will have to show that they have carried out the Resident Labour Market Test. This means they've posted the job on at least two different online listings for a full 28 days without any qualified applicants.

• The salary requirement to apply for Indefinite Leave to Remain after 5+ years is currently £36,200. This is about £10,000 higher than the UK national average salary. If you aren't making this salary by the end of the 6 year maximum stay, you will simply have to leave.

The Tier 2 General process, in a nutshell: The employee obtains a job offer from a Tier 2 sponsoring employer. The employer applies for a Certificate of Sponsorship from UKVI in order to hire their prospective employee, proving either that the job is in national shortage OR that the RLMT has been performed, and that the salary requirements are met. The employer grants the employee the CoS (a numeric code) to apply for the Tier 2 visa, OR simply applies for the Tier 2 visa on the employee's behalf. Visa is granted by UKVI and everyone is happy.

Some very brief advice for finding Tier 2 sponsorship:

• Apply to jobs on UK-based job listing sites. indeed.co.uk , reed.co.uk , and monster.co.uk to name three.

• Make sure the employer to which you're applying is already a registered Tier 2 sponsor, otherwise it will be a waste of everyone's time.

• Be up front in your CV/cover letter about your citizenship and note that you require Tier 2 sponsorship. Make sure you're using a CV format and not a North American resumé.

• Don't bother trying to find (reputable) international recruiting sites. Employers ultimately grant work visas because they can't find British or EU citizens to fill the role, there is no incentive to hiring someone from outside the EEA. Recruiters will not get involved in the visa sponsorship process, that's for you to work out with your employer (who should already be well familiar with the process).

• Larger companies are usually a better bet.

6. Tier 1 Entrepreneur or Tier 1 Investor: You have a terrifying amount of cash lying around to invest in a UK business. Either of these visas lead directly to settlement.

7. Tier 5 Government Authorised Exchange: Internship or exchange programmes with a UK business, sponsored by a government-approved body. BUNAC is a popular option. This is a short-term option and does not lead to settlement.