Last updated: 10 April 2024
Contrary to common belief, buying a property in the UK does not provide residency here. In addition, there is no existing visa route that provides foreign nationals with immediate residency (i.e. a UK property visa). It is also worth noting that the Tier 1 Investor visa is now closed for new applicants. That said, there are some routes to residency in the UK that overseas nationals can consider, as we will explain in this article.
How to get a UK residency
Firstly, it is important to understand what we mean by ‘UK residency’. Technically, a person who is physically present in the UK for 183 days or more in a tax year is considered a UK resident. But when people talk about UK residency, also referred to as permanent residence (PR in the UK), settlement, or Indefinite Leave to Remain (ILR), we mean the ability of a foreign national to live, work and study in the UK permanently without immigration control.
There are various pathways to UK residency under the current immigration rules. In most cases, foreign nationals must have lived in the UK for 5 continuous years in order to be eligible for ILR. There are faster routes to ILR, however. The Innovator and Global Talent visas offer an accelerated pathway to ILR of just 3 years. Below, we will discuss some of the main UK work and business visas that provide a direct route to ILR.
Skilled Worker visa
The Skilled Worker visa is the most popular of all UK work visas. Skilled Worker visa holders can stay in the UK for up to 5 years and then apply for ILR. To qualify for a Skilled Worker visa, applicants must:
- Have an offer of a job from a licenced sponsoring employer.
- Have a job that is on the official list of eligible occupations1.
- Receive a salary of at least £38,700 or the ‘going rate’ for their occupation. It is also possible to qualify with a lower salary if you have a PhD, you are under 26, you are studying or a recent graduate, or you are in professional training, or if you have a job on the UK shortage occupation list.
- Meet the English language requirements – this means you must be able to read, write, speak and understand English to at least level B1 on the Common European Framework of Reference for Languages (CEFR) scale.
- Have enough funds to support yourself in the UK (£1,270).
Application fees range from £719 to £1,639, and applicants must also pay the immigration healthcare surcharge of £1035 per person per year (allows access to healthcare).
Scale Up visa
The Scale-up visa is similar to the Skilled Worker visa outlined above. Holders can stay in the UK for an initial period of 2 years, after which they can extend their leave as many times as they wish (in 3-year increments). It is also possible to apply for ILR after 5 years. The main difference is that scale-up visa holders can change jobs without needing permission from the Home Office once they have been in the UK for 6 months. Scale-up visa applicants must:
- Have an offer of a job from a licenced sponsoring scale-up employer (a scale-up company is one that in the last 3 years has grown by 20% on average in each year in either employment or total sales (turnover) or has had at least 10 employees at the start of the 3 year period.
- Have a job that is on the official list of eligible scale-up occupations2.
- Receive a salary of at least £36,300, or the ‘going rate’ for the occupation.
- Meet the English language requirements – this means you must be able to read, write, speak and understand English to at least level B1 on the Common European Framework of Reference for Languages (CEFR) scale.
- Have enough funds to support yourself in the UK (£1,270).
Scale-up visa application fees are £822, and applicants must also pay the immigration healthcare surcharge of £1035 per person per year (allows access to healthcare).
Innovator Founder visa
Innovator Founder visa holders can stay in the UK for up to 3 years and then extend their visa or apply for ILR. Innovator Founder visa applicants must:
- Have a business plan that is endorsed by an approved endorsing body as being new, innovative, and viable.
- Meet the English language requirements – i.e. you must be able to read, write, speak and understand English to a level B2 on the Common European Framework of Reference for Languages (CEFR) scale.
- Have enough funds to support yourself in the UK (£1,270).
Scale-up visa application fees are £1,191, and applicants must also pay the immigration healthcare surcharge of £1035 per person per year (allows access to healthcare).
Global Talent visa
It is also possible to gain ILR as a Global Talent visa holder. The Global Talent visa is aimed at those who are considered to be a leader or potential leaders in academia or research, arts and culture, or digital technology. As a Global Talent visa holder, you will be able to apply for ILR in 3 or 5 years, depending on your endorsem*nt or if you have an eligible award.
The application fee for the Global Talent visa is paid in two parts - £524 when you apply for endorsem*nt and £192 when you apply for the visa. You will also need to pay the healthcare surcharge of £1035 per person per year (which allows access to healthcare).
How can Reiss Edwards help?
Reiss Edwards specialises in all aspects of UK immigration. Our immigration solicitors can:
- Advise on a suitable route to UK residency based on your unique circ*mstances
- Prepare and submit your UK visa application on your behalf
- Prepare a dependant visa application for your family members
- Handle any queries raised by UKVI on your behalf as well as a refusal of your work or business visa application
- Guide you through the process of gaining permanent settlement and citizenship in the UK
For assistance with your visa, ILR, or citizenship application, please speak to our immigration lawyers for a free telephone consultation on 020 3744 2797 or by email at info@reissedwards.co.uk.
References
1 GOV.UK: Skilled worker visa going rates for eligible occupations
2 GOV.UK: Scale up visa going rates for eligible occupations
