UK Visa's explained
In order to work legally in the UK, you will need to get hold of a valid visa and work permit. The main types of visa available are detailed, however the list is not definitive and it is strongly recommended that you seek advice from the UK embassies in your home countries or contact Tate’s overseas partner 1st contact , Embassy and home office.
2-Year Working Holiday Visa:
This is one of the most common visas issued to Antipodeans moving to London. Recent changes in legislation have now made it very difficult to switch to a Work Permit, however the current legislation still enables these candidates to switch to Highly Skilled Migrant Permit. To switch to the HSMP the candidate must have completed at least 1 year of the Working Holiday Visa.
- Aged 17 – 30 Inclusive
- Commonwealth Citizen
- Is intending to take work that is incidental to a holiday, and not to engage in business.
- Not work more than 12 months during the stay
Ancestry Visa:
This is another very common type of visa. This is granted when one of your grandparents are born in the UK.
- No work restrictions at all
- Can apply for residency after 4 years provided they have not been out of the UK for more than 90 days in one go
- Visa valid for four years
Please note that the Ancestry Visa cannot be applied for in the UK – Entry Clearance is compulsory. The visa has to be obtained before you arrive into the UK.
Highly Skilled Migrant Permit
The HSMP is very popular amongst professional Antipodean candidates. There are two schemes available, one for those of you who are under 28 and another for those aged 28 and over. The permit works from a points based system for which you need 65 points in order to apply. There are points awarded for age, qualifications, work experience and the past 12 months earnings.
You can switch from a Working Holiday Maker Visa to a HSMP (once 12 months completed on WHMV), however this could change in the future.
- Initially the visa is granted for one year. After the first year you can apply for a three year extension provided you have been economically active for 75% of the year. After the 4 years on the HSMP you can apply for Indefinite Leave to Remain (permanent residency)
- If you have no work restrictions, you can work as long as you wish and in any profession
- There is currently a 6 month processing time (Please note this processing time cannot be guaranteed). As long as the application is submitted prior to when your visa expires, they remain under their current visa regulations.
Work Permits:
Commonly referred to as "sponsorship". This visa is very popular amongst professionals who wish to stay in the UK longer than their two year visa and who do not qualify for the HSMP. The Work Permit is a restrictive visa, as your employer applies for the visa on your behalf. Your are then tied to that one employer and particular position and if you should they leave that company then you must either find another employer to sponsor you or apply for another visa type. The recent Home Office changes mean that a candidate can only switch to a Work Permit inside the UK if their occupation is on the Skills Shortage list. You can return to your country of residence and have their employer apply for a Work Permit.
- You an only switch from WHMV if the occupation is on the skills shortage list
- The UK employer applies on your behalf
- You are restricted to one employer and one position
- You can claim settlement after four years
- You must be degree qualified, with a Higher National Diploma or at least 3 years relevant work experience.
Unmarried Partner/Defacto Visa:
This visa used to be restricted to certain situations. The main premise was that there needed to be a legal impediment to stop the applicants getting married. This could be that one of the partners were still married or if it was a same sex relationship. These criteria have now been relaxed.
- Its based on a relationship akin to marriage for a two year period
- You can have unrestricted employment
- Your partner must be British, an EU National, and have, indefinite leave to remain, Right of Abode, Ancestry or a Work Permit
- Defacto Visa must be completed out of country if the partner is on work permit. All other types must be completed in the country.
Marriage Visa:
There are only certain registry offices that can perform marriages where one of the partners will require a visa. If you wish to apply for the marriage visa you are required to apply for a Certificate Of Approval first. To qualify for the COA you must have at least 3 months left on your current visa (which must have been issued for 6 months or longer)
- Marriage to a British Citizen, an EU National, someone on Indefinite Leave to Remain, Right of Abode, Ancestry or Work Permits
- You will gain unrestricted employment
- In country applications only, except for Work Permits where the partner needs to return to country of ordinary residence to apply
Indefinite Leave to Remain:
After four years on a Work Permit, HSMP, Ancestry, Marriage or Unmarried Partners Visa you are eligible to apply for Indefinite Leave to Remain. This gives the candidate permanent residency and after a full year on ILR they are able to apply to be Naturalised.
- You can only apply for this in the UK
- You will need to show proof of residency and employment. (Ancestry, Work Permit, Highly Skilled Migrant Permit)
- You will need to show proof of residency and relationship. (Marriage, Unmarried Partner)
Other Visas:
There are other common visas that you may see however aside from the student visa where you can work a maximum of twenty hours per week they don't allow candidates to work.
- Student Visa: you can work maximum of 20 hours per week.
- Sector Based Scheme (lower skilled work permit scheme specifically for hospitality and food manufacturing)
- A Visitors Visa (for periods of up to six months, no work allowed. No switching in country if a job offer received).