Living the expat dream: what Americans need to know about UK residency and citizenship

The UK has long been a desirable destination for Americans looking to live, work, or settle abroad. Whether it’s the country’s rich cultural heritage, world-class education, business opportunities, personal relationships, or simply trying to get as far away from Oval Office spats as possible, many US nationals choose to make the UK their home. However, navigating the UK’s immigration system can be complex, and understanding the process is crucial for a successful transition across the Atlantic.

Let Michelmores guide you through the key steps in securing UK residency and citizenship, including visa options, Indefinite Leave to Remain (ILR), and the naturalisation process.

Step one: visa options

For most Americans, securing a visa is the first step towards residency in the UK. There are numerous visa categories available and which category is most suitable for an individual depends on the individual’s personal plans for working, traveling and that of their family. The 5 key visa options for our American allies, include:

Skilled Worker visa

This visa:

• Is designed for individuals with a confirmed job offer from a licenced UK employer in an eligible role.
• Requires employer sponsorship and a minimum salary threshold (usually £38,700 based on a 37.5 hour working week, though exceptions apply for New Entrants, STEM roles, roles on the Immigration Salary List to name but a few).
• Typically grants a stay of up to five years, leading to ILR eligibility.
• Allows dependents (spouse and children) to accompany the visa holder and work in any role in the UK.
• Requires applicants to meet the financial, English language, and tuberculosis test requirements where applicable.

Spouse/partner visa

This visa:

• Is available to those married to or in a long-term relationship with a UK citizen or settled resident.
• Requires proof of a genuine relationship and financial stability. Currently, there is a minimum income requirement of £29,000 p.a. or more than £88,500 in savings.
• Leads to ILR after five years of residence.
• Allows full work rights in the UK without the need for employer sponsorship.
• Requires applicants to meet the English language and accommodation requirements.
• Is initially granted for 2.5 years and must be extended before applying for ILR.

Global Talent, Innovator, and legacy investment visas

• The Global Talent visa: Requires an endorsement from an approved UK body. Applicants can apply without a job offer.
• The Innovator visa: Is designed for entrepreneurs with an innovative, viable, and scalable business idea endorsed by an approved UK body.
• The Legacy investment visas: Was previously available for high-net-worth investors but has now largely been phased out. However, it may still present a viable option for those already in the UK under certain circumstances.

These visas:

• Are available for highly skilled individuals, entrepreneurs, and investors in science, research, technology, arts, and culture
• Can lead to ILR in as little as three years for top-tier applicants.

High Potential Individual visa

This visa:

• Is available for individuals who have received a qualification in the last five years from one of the highly regarded international universities on the UK government’s maintained Global Universities List.
• Does not require a job offer or sponsorship, thus allowing flexibility to seek employment in the UK.
• Grants a two-year stay (three years for PhD holders) but does not directly lead to ILR.
• Allows successful applicants to later transition into other visa categories, such as the Skilled Worker visa, for long-term residency options.

Student and Graduate visas

• The Student visa: Allows US nationals to study at UK institutions. This visa requires proof of acceptance from a licensed UK education provider, financial self-sufficiency, and English proficiency.
• The Graduate visa: Is available to those who have completed a UK degree, allowing them to stay and work for two years (three years for PhD graduates) without sponsorship.
• Individuals who successful obtain either a UK student or graduate visa can transition into a Skilled Worker or other long-term visa route after their student/graduate visa expires.

Top tips to avoid common pitfalls

Many applicants endeavour to apply for visas without legal support or instead opt for ‘stack ’em high and sell ’em cheap’ online visa application support services, with varying degrees of success. Visa applications must satisfy the Immigration Rules and any relevant UK government visa application guidance. Interpreting and cross referencing these documents is not always easy, and we are frequently instructed to assist clients that have had application rejections for these very reasons. Our top tips for avoiding common pitfalls are:

• Ensure all documents are complete and accurate before applying. Errors or missing information can lead to delays, refusals, or bans on reapplying.
• Plan ahead for the financial requirements. Insufficient funds or incorrect financial documentation can result in visa refusal, especially for spouse and skilled worker visas.
• Understand visa processing times and application deadlines. Missing a deadline can require a new application, leading to additional costs and delays. If you apply for a visa in the UK, you will likely have to surrender your passport for a period of time. You will need to plan your travel commitments around this.
• Be truthful and consistent in your application. Discrepancies between documents or false information can lead to a rejection and may impact future applications.
• Check the validity of supporting documents. Expired or incorrect documents, including passports and financial statements, can cause a visa refusal.
• Consult a professional if you’re unsure. Immigration rules frequently change and getting the right advice can prevent costly mistakes. Call us, if you need support and peace of mind.

Step two: Indefinite Leave to Remain (ILR) – the key to permanent residency

Once a visa holder has lived in the UK for a qualifying period, they can apply for ILR, granting permanent residency with no restrictions on employment or travel. In order to do this successfully, they must satisfy the following eligibility criteria:

• Continuous residence period: Usually five years, though some visa categories may allow for applications after three or ten years.
• Absence limits: Applicants must not have spent excessive time outside the UK.
• Life in the UK Test: A requirement to demonstrate knowledge of British culture and history – though many of us Brits might struggle to answer the test questions!
• English language proficiency: Must be proven through an approved test or qualification.
• Application process, costs, and processing times:
  • ILR applications require substantial documentation, including proof of residency and financial stability.
  • The application fee is currently very expensive, and biometric information is required.
  • Processing times vary, so applicants should apply in advance of their visa expiry date but not more than 28 days before they satisfy the continuous residence period requirement.

Step three: becoming a British citizen

Gaining British citizenship is the final step for those wishing to fully integrate into UK society. To qualify for naturalisation, applicants must normally have held ILR for at least 12 months. However, spouses of British citizens may apply to naturalise as soon as they obtain ILR – well, there’s got to be at least some benefit to marrying us Brits! Again, there are strict residency requirements that must be met to qualify for naturalisation. However, if these are met, the applicant has obtained the Life in the UK certificate and can evidence their English language proficiency, then their application should be successful. They must then attend a citizenship ceremony and pledge allegiance to the UK in order to become British.

Key considerations

The journey from visa holder to British citizen requires careful planning, patience, and compliance with UK immigration laws. Key takeaways include:

• The UK permits dual nationality, allowing Americans to retain US citizenship.
• Applicants should be aware of potential tax obligations and travel benefits.
• ILR provides stability but can be lost if the holder is absent from the UK for over two years.
• British citizens enjoy full rights, including voting and unrestricted travel. A very brief overview of the rights at the different stages of residence are set out in the table below:

With the ever-evolving immigration laws, staying informed is crucial. If you’re considering making the UK your home, seeking professional guidance can ensure a smooth and successful transition. For more information or assistance with your UK immigration journey, please reach out to our Lynsey Blyth.

Author

Lynsey Blyth