The immigration implications of any proposed move for US nationals who wish to relocate need to be considered. There are many possible options which may be available to them, ranging from applications based on possible British ancestry, to family connections through marriage or those who may wish to work for a US employer in the UK or set up in business here.
We look at the options open to US nationals, providing an overview as to the general requirements and examining what the applicant may need to consider before deciding to proceed.
When thinking about UK visa options for US citizens of British descent, the first thing to consider is whether they may have any claim to British nationality. Some will find that they have a claim to citizenship – especially where they were born in the UK before 1983 or perhaps in a case where a parent was born in the UK and they themselves were born in the US. If an applicant has a mother or grandmother who was born in the UK, and they were born outside the UK before 1983, one of the UK visa options for US citizens is to register as a British citizen.
Secondly, UK visa options for US citizens of British descent might include claims to residency through ancestry. This option involves a little less obvious consideration but in the event of multinational families, the point should be considered. Some US citizens may have claims to Canadian citizenship which, if combined with a UK-born grandparent, could give rise to a claim under the ancestry provisions for leave to enter and remain in the UK, subject to other conditions being fulfilled.
If an applicant’s spouse, civil partner or unmarried partner is a British Citizen, a US national can apply for a settlement visa to enable them to come to the UK permanently. There are a number of key requirements that would need to be met, including:
US nationals who have completed a degree course at a UK university can apply under the Graduate route and obtain a two year visa which allows them to work in the UK without needing to be sponsored first by a UK employer. Those graduating with a PhD will be granted three years. Note, however, that time spent in the UK under the Graduate route does not count towards five years qualifying residence for indefinite leave to remain (permanent residence).
This is a route for graduates of top non-UK universities – this means those which feature on the Global Universities List , many of which are in the US, so this could be a useful possible route for US citizens. If an applicant has graduated from an eligible university in the five years preceding the application, they may be eligible to come to the UK for a 2-3 year period – even without employment or a job offer: this visa enables the holder to be employed, self-employed or to look for work. It does not lead to settlement (indefinite leave to remain) but it is possible to switch into a route which does, such as Skilled Worker (see below).
What are the options?
There are a number of schemes which exist to enable US nationals to undertake internships prior to starting a more full time job. Examples include an internship under ‘Temporary Work – Government Authorised Exchange’ provision of the UK’s immigration system which is aimed at those currently studying at US universities or those who have graduated within the last few years. These schemes are run by authorised “overarching” sponsors who request the employer to first register with them and who then issue a work permit (known as a Certificate of Sponsorship) to cover the internship, which is usually limited to 12 months. As an example, the BUNAC scheme enables US undergraduates studying at US Universities or recent graduates from US Universities to undertake work experience in the UK for up to 6 months. The internship must be supernumerary (in addition to normal staffing requirements of the UK employer), the intern must not fill a full time permanent role, they will need to be paid at least the UK National Minimum Wage for the internship and follow a detailed training plan which is approved by the overarching sponsor. Note however that this is not a route which will lead to permanent residence. Holders of these visas will generally need to leave the UK at the end of the visa period as these visas cannot be switched within the UK or extended.
The Skilled Worker route is the most commonly used UK visa option for US citizens who intend to work in the UK. To be eligible, an applicant must have a job offer from a sponsored licence holder and one which is on the eligible list of jobs. The worker must be paid according to the minimum salary requirements in the UK, which is generally levied at £38,700, or the going rate for the chosen standard occupation code – although there can be exceptions due to age and type of role in question.
The Skilled Worker visa will typically be granted for a period of up to five years, at which time a worker can obtain indefinite leave to remain (permanent residence), and they can be accompanied by their spouse/partner and children for the duration of the visa term.
If the prospective UK employee works for a business which has no trading presence in the UK, and their employer in the US wishes to send them to the UK to set up its business, there are a number of alternative options – including applying for a UK Expansion Worker visa, which is open to those whose employer wish to establish a British footprint. The US company is required to have been trading for a period of three years and can apply to create a UK entity to enable it to apply for a sponsor licence. US applicants who qualify for this visa will normally need to have worked for the US company for at least 12 months before applying for this visa, and also need to hold a skilled position with an annual salary of at least £48,500.
UK visa options for US citizens applying to come under the Expansion Worker route can be obtained for an initial period of one year and extended for a maximum of one further year. Spouses/partners and children under 18 can apply as dependants od the main applicant, and they too are eligible to work. UK Expansion Worker visas do not lead to indefinite leave to remain (permanent residency) but it is possible to switch to another category that does, such as Skilled Worker.
The Senior or Specialist Worker route allows a US National to come to the UK to work in an eligible job at the UK Branch of their US employer – this replaced the Intra Company Transfer Visa route.
This route is specifically for senior managers or specialist employees (and their partner and children under 18) who are to be assigned temporarily to a UK business linked to their overseas employer. There is a 12-month minimum period of current employment with the US employer (unless applying as a high earner). The minimum salary level in most cases is £48,500 per year. The visa can be granted for a maximum of up to five or nine years if a higher earner.
This route allows more junior workers to be assigned temporarily to a UK business linked to their US employer, as part of their graduate training course, which leads to a senior management or specialist position.
For these UK visa options for US citizens, the job must be skilled (graduate equivalent) and the salary paid will be at a minimum level of £25,410 per year and 70% of the pro-rated going rate for the occupation, whichever is higher. The visa is granted for a maximum period of 12 months with no option to extend. Those coming to the UK in this category can leave the UK and apply for a new visa but will only be allowed to stay for a maximum period of five years within any six-year period.
For those entrepreneurs who wish to set up a business on their own account, the Innovator Founder visa is one of many UK visa options for US citizens available for those who wish to set up an innovative, viable and scalable business in the UK. Applicants must be able to show that their business idea is new and they cannot join a business that is already trading. They must also show the business is innovative (with an original business idea different from anything else on the market), that it is viable with potential for growth, and scalable. They must give evidence of planning that includes creating jobs and growth into national and international markets.
Applicants must be endorsed by one of the authorised UK endorsing bodies approved by the Home Office. It is possible for those on an Innovator Founder visa to obtain indefinite leave to remain (permanent residence) after three years if certain criteria (job creation, intellectual property registration or significant turnover etc.) are met.
This is the best of the UK visa options for US citizens for those who are leaders or potential leaders in either academia, arts and culture, or digital technology. Those considering this route can usually only apply for a Global Talent visa if they have successfully applied for an endorsement to prove that they are a leader or potential leader in their chosen field. The route is open to those who have already demonstrated achievement at the highest international level, and is also open to those who have already demonstrated “exceptional promise” in their international careers. There are specific eligibility criteria for each discipline.