How can you make Scotland your new home?

The UK Government sets Scotland’s immigration policy. So, if you want to relocate to Scotland, you need a UK visa from the UK Home Office (a.k.a UK Visas and Immigration).

What are the requirements for a UK visa?

Well, it depends. There is no generic, catch-all visa, which will allow you to relocate to the UK.

The Retired Person of Independent Means is the closest UK immigration law has ever come to such a visa. However, this was abolished in 2008. To relocate to Scotland you need to have some sort of connection to the UK. The type of visa you can apply for depends on what this connection is.

1. Family
2. Ancestry
3. Entrepreneurs
4. Workers
5. Students
6. EU nationals and family members
7. The visa process
8. Settlement and Citizenship

We understand that the immigration process can be very complicated and stressful. That's why we take the time to understand your particular situation and give you the help you need.

Grace McGill -
Head of Immigration
IMMIGRATION & VISAS
+44 (0)131 357 4464
grace.mcgill@burnesspaull.com

What are the requirements for a UK visa?

Family

If your connection to the UK is a British partner or a migrant with settled status, then a UK Spouse visa may be the appropriate application. Your partner must earn £18,600, you need to be able to speak English, and you need to convince the Home Office that your relationship is genuine and subsisting. You will get a 2.5-year renewable visa and will be able to apply to stay in the UK permanently after 5 years.

There is scope to apply for a partner visa for those who are not married but are in a civil partnership or relationship akin to marriage/civil partnership with a British or settled partner.

It is worth noting that the partner route is for those whose British/settled partner is present and settled in the UK or whose partner will be returning with them to the UK with a view to making the UK their long-term home. Income earned in the UK or overseas can be taken into consideration when assessing whether the financial requirement is met.

There are other ways aside from employment income in which to meet the financial requirement. Those with substantial savings of over £62,500 may be able to meet the requirement based on savings alone. In some circumstances, non-employment income can be taken into consideration and in some cases, it will be appropriate to consider a combination of savings and income.

Failure to satisfy the financial requirements or submission of incomplete documentary evidence is one of the most common grounds for refusal of a partner visa. The immigration rules are complex and the specified evidence is tightly prescribed. It will often be beneficial to seek advice on the rules prior to submitting an application.

Those who do meet the unmarried partner requirements (i.e. having lived together as a couple for at least two years), but who are planning on entering into marriage with a British/settled person may be able to apply for leave to enter the UK under the fiancé(e) route. This allows an initial period of leave of six months, during which time you are not able to work in the UK. The expectation is that you will enter into marriage within that six-month period and then move into the married partner category from within the UK. Time spent in the UK as a fiancé(e) does not count towards continuous residence for settlement as a spouse after five years.

This route is often confused with the visit visa to marry, which is intended for destination weddings for those with no intention to reside in the UK. An application under the wrong visa category can lead to delays and difficulties with future applications. It is advisable to seek advice prior to submitting an application as a fiancé(e) or partner.

Ancestry

Some overseas nationals may be able to rely on UK ancestry to obtain a visa for the UK. This route is only open to certain categories of applicants, notably Commonwealth and Zimbabwean nationals with grandparents born in the UK, Channel Islands or Isle of Man. For those with ancestral links to the UK, this may be a particularly attractive route as the Home Office application fee is comparatively low and the initial period of leave will be for five years. An ancestry visa enables the holder to work in the UK and bring partners and children to join them. It is also a route to settlement after five years continuous residence under this visa category.

Entrepreneurs

If you want to start your own business, then the appropriate application would be the Innovator Founder visa. This replaced the Start-up and Innovator routes from 13 April 2023, which in turn replaced the Tier 1 (Entrepreneur)visa in 2019. To qualify for an Innovator Founder visa, an applicant will first require endorsement from a Home Office-approved endorsing body. A successful Innovator Founder visa will be granted for a maximum of three years, with scope for settlement following three years of continuous residence in this category.

Workers

If you want to work in the UK, some jobs are eligible for sponsorship under the Skilled Worker visa category. There are salary thresholds, which vary depending on the job. The ‘global’ salary threshold is £38,700, however, it can be lower in certain circumstances, and will often be higher depending on the Standard Occupational Classification (SOC) code of the role. Your employer must have a Skilled Worker sponsor licence and you need to have the job offer before you come to the UK. A Skilled Worker visa can be granted for up to five years in the first instance and is potentially a path to settlement after five years.

There is also scope for those employed overseas by a company with UK presence bearing the appropriate sponsor licence to transfer to the UK on a temporary basis. This was previously the intra-company transfer route which has now been rebranded as the Global Business Mobility: Senior or Specialist Worker visa.

There are also other Global Business Mobility routes, namely the Graduate Trainee route (replacing the ICT Graduate Trainee visa) and the Service Supplier and Secondment Worker routes. There is also the Expansion worker route which replaces the previous sole representative visa. Unlike the former sole representative visa, the Expansion worker route requires an overseas business seeking to establish a UK presence to apply for an Expansion worker sponsor licence in the first instance. This will allow the transfer of up to five senior managers or specialist workers to facilitate the establishment of a UK branch or subsidiary. Expansion workers will be granted leave of up to one year initially, with the scope to extend for a maximum cumulative period of two years and the scope to then move into the Skilled Worker category if the appropriate licence is in place.

There are various temporary worker routes:

• Creative Worker
• Charity Worker
• Religious Worker
• Government Authorised Exchange
• International Agreement
• Seasonal Worker

These are all for specific short-term work and require a Certificate of Sponsorship from a suitably licenced sponsor. It is not possible to stay in the UK long-term with this type of visa.

The Youth Mobility Scheme visa is a fairly flexible visa available to nationals of Andorra, Australia, Canada, Hong Kong, Iceland, India, Japan, Monaco, New Zealand, Republic of Korea, San Marino, Taiwan and Uruguay who are aged between 18 and 30 years, in some instances up to 35 years, at the point of application. This visa is valid for 2 years and is not tied to any particular type of work or employer.

Students

If you want to study in the UK, you need a student visa. You can study at an independent school (if you are a child) or a College or University. The educational institution must have a licence to sponsor students. You need to meet their academic entry requirements and then, once they have issued a Confirmation of Acceptance of Studies, you can apply for your visa. You need to show that you have enough money to pay the course fees and to maintain and accommodate yourself in the UK. The visa will be granted for the duration of your course. Upon completion of studies in the UK, it may be possible to move onto a Graduate Visa, valid for two or three years depending on the degree level.

EU nationals and family members

Following the withdrawal of the UK from the EU at 11pm on 31 January 2020, the free movement rights of those EU nationals with an established connection to the UK and their non-EU national family members have been protected to an extent under the Withdrawal Agreement. Those EU nationals who were residing in the UK prior to the end of the Brexit transition period on 31 December 2020 should have applied for status under the EU Settlement Scheme.

The deadline for applying to the EUSS has now passed, but it is still possible for late applications to be submitted. There is also still scope for pre-existing family members to apply to reside in the UK with an EU national family member who was there prior to the end of the transition period.

EU national workers who established a pattern of working for periods in the UK whilst maintaining their main home in an EU member state and returning there regularly may be eligible to apply for a frontier worker permit to enable them to maintain this work pattern without having to apply for a Skilled Worker or other worker visas. This pattern of working must have been established prior to the end of the transition period.

The immigration rules implementing the terms of the withdrawal agreement are complex and difficult to navigate. Our experienced team are on hand to advise on eligibility under the EUSS and Frontier Worker Scheme and to support applicants through the process.

The visa process

Visa applications are submitted to the UK Home Office online. This is generally via the gov.uk website.

After submission of the online form, an appointment needs to be booked with one of the Home Office’s commercial partners so that your fingerprints (biometrics) can be taken. For overseas applicants, this will be either VFS Global or TLS Contact. For applications made within the UK, this will beSopra Steria. Before the appointment, all documents should be uploaded to the commercial partner's website. They can also be scanned at the appointment, for an additional fee.

Settlement and Citizenship

Some visa routes are a path to settlement. Once Indefinite Leave is granted, you are no longer subject to the restrictions of the visa (e.g. you can change employer, cease your studies, or sell your company). You will be allowed to stay in the UK permanently. Although be aware that, despite the name, indefinite leave to remain is not always indefinite. It can be lost if you spend 2 years outside of the UK. You can also be deported from the UK if you commit a serious criminal offence.

The most effective way for those eligible to secure their status in the UK is to apply for British citizenship. Once you have been granted indefinite leave to remain you can make an application for naturalisation as a British citizen; immediately if married to a British citizen, or after 1 year if you are not.

Get in touch

The above-mentioned visa routes are not exhaustive and the most appropriate route for any individual will very much depend on personal circumstances. For any enquiries on UK visa categories, immigration rules or other immigration matters, please do get in touch with our immigration team.

 
Watch our videos for further help on the immigration process:

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