US citizens moving to the UK part 1: Immigration, visas and work authorisations

Key takeaways:

• Americans do not need a visa for visits under six months but must obtain an Electronic Travel Authorisation (ETA) before travelling.
• Longer-term visa routes are centred on family, work or study, and the right route depends entirely on individual circumstances.
• Settlement (permanent residence) is currently available after five years, but the UK government has proposed extending the qualifying period to ten years for some applicants.
• Work authorisation in the UK is tied to immigration status, and the type of work permitted varies significantly between visa routes.

Visiting the UK: What you need to know before you arrive

For many wealthy Americans, the UK is an attractive relocation destination due to its cultural familiarity, global reach, legal stability and depth of lifestyle and education options. However, moving to the UK is not straightforward. There is no wealth-based or “golden visa” route, and immigration, tax, employment and family considerations are governed by detailed, frequently changing rules that often interact in complex and non-intuitive ways.

The UK’s immigration system is run by UK Visas and Immigration, which is part of the Home Office. It is distinct from the UK residency system for tax purposes. Americans do not need a visa for visits to the UK of less than six months, although they will need to apply for and be granted an Electronic Travel Authorisation (ETA, similar to the US’s ESTA programme) before travelling. Applications are made through the Home Office’s ‘UK ETA’ app or online.

Entering as a visitor is permitted for tourism, visiting family and friends and limited, specific business activities such as attending meetings or signing contracts. It could be used for short information-gathering or scoping visits ahead of full relocation. Visitors are not permitted to work or take employment in the UK, and the visitor route must not be used to effectively live in the UK through frequent or successive visits.

Longer-term visa routes: Finding the right pathway

The UK has a large number of longer-term visa routes. The most suitable route for any given individual or family will depend on their circumstances, so bespoke advice is essential. Visa routes generally tend to be centred on family (for example, for partners of British citizens), work (for those being sponsored by a UK employer, establishing a business in the UK, recent graduates of top global universities or those endorsed as exceptionally talented or leaders in the arts, sciences, technology and academia) or study (for international students sponsored by a UK university). Each visa route has specific eligibility criteria which must be met, and most routes enable a main applicant to bring their partner and children under 18 as dependants.

Standard processing times can be three to twelve weeks, depending on the type of visa. Most routes have the option to pay for either priority (five working days or 30 working days for overseas family applications) or super-priority (next working day) processing. Processing times start after an applicant has submitted their visa application online and visited a visa application centre to provide their biometrics and have their passport scanned. There are 38 UK visa application centres located across the US.

Settlement, renewals and the path to permanent residence

Maintaining temporary residence in the UK with a time-limited visa requires compliance with all conditions attached to that visa. These may include restrictions or requirements as to work or study, or the maintenance of relationships for those on family or dependant visas. Visa-holders are not permitted to access state benefits unless an exemption is granted. Most UK visa types can be renewed and those applications are generally made from within the UK. Switching from one visa type to another from within the UK is also permitted in some circumstances.

Many visa types provide a path to settlement (permanent residence) in the UK. Currently, settlement is usually possible after five years if the relevant criteria are met, but the UK government has announced plans to double the qualifying residence period to ten years. However, there are expected to be a number of possible accelerating factors and exemptions, which should mean that for some the residence period will remain five years, or even reduce to three years in some cases. Absences from the UK must not exceed 180 days in any rolling 12-month period during the qualifying period. All applicants for settlement must also pass the ‘Life in the UK test’, which tests knowledge of UK culture, history and traditions, although these criteria are the subject of major proposed reform.

Work authorisation: Understanding your right to work in the UK

Whether or not someone can legally work in the UK, including self-employment and freelancing, depends on their immigration status. Some visa types permit the holder to do any type of work, whether employed or self-employed. Other visa types require the holder to work in their particular area of expertise or business. Some, like Skilled Worker or Global Business Mobility visas, require sponsorship from a licensed UK employer and only permit the holder to perform a specific role for their specific sponsor.

Skilled Worker is the most common type of UK work visa. It is restricted to roles at graduate level or above (with limited exceptions) and specified salary thresholds must be met. Sponsors are licensed by the Home Office and subject to strict compliance rules. Changing role or changing sponsor usually requires a new visa application. Once someone has settlement, any restrictions on their ability to work are lifted.

As nationals of a majority English-speaking country, US citizens will automatically meet any English language requirements in their visa route or for settlement. US nationals may also enter the UK border by scanning their passport through the eGates, where these exist, and are not generally required to speak to an immigration officer unless specifically directed.

This is Part 1 of our eight-part series, US citizens moving to the UK. Read the other posts in this series for guidance on tax, inheritance planning, healthcare, banking, housing and education.