Right to Stay

A Guide for Foreign Nationals

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How to Apply for the Right to Stay in the UK

Moving to the United Kingdom can open up many opportunities for work, study, and a new life experience. However, to stay in the UK legally, understanding and navigating the visa process is essential. This guide will walk you through the basics of applying for the right to stay in the UK.

Understanding UK Visas

A visa is an official document that allows a foreign national to enter and stay in a country for a specific purpose, such as work, study, or joining family.

Types of UK Visas.

Here are the major categories:

  • Visitor Visa: For short visits for leisure, business visits, short-term study, or other purposes. Includes the Standard Visitor Visa.
  • Student Route: Part of the new points-based immigration system, replacing the Tier 4 (General) Student Visa for those planning to study in the UK.
  • Work Visa:
    • Skilled Worker Visa: Replaces the Tier 2 (General) Visa for skilled workers with a job offer in the UK.
    • Health and Care Worker Visa: For healthcare professionals.
    • Tier 2 (Intra-company Transfer): For employees of multinational companies being transferred to the UK.
    • Tier 5 (Temporary Worker): For temporary work, including internships and charitable work.
    • Global Talent Visa: For highly skilled individuals in specific sectors.
  • Family Visa: For when you have family members in the UK.
  • Settlement Visa: For long-term residency.
  • Start-up Visa and Innovator Visa: For entrepreneurs starting or running a business in the UK.

Here's a step-by-step guide to applying for the right to stay in the UK:

Foreign Nationals Right to Stay

Research the Right Visa

Each visa has specific requirements, so choose the one that best fits your situation.

Do Visit the official UK government website and read about the different visa categories.

Prepare the Necessary Documents

Commonly required documents include:

  • Passport: Ensure it is valid for the entire period of your stay.
  • Proof of Income or Savings: Acceptable evidence includes bank statements and payslips; this must meet financial requirement thresholds set by the UK government.
  • Details of the Employment or Study Offer:
  • Certificate of Sponsorship: (for certain work and study visas).
  • Proof of English language proficiency: (tests like IELTS or a degree taught in English).
  • Criminal Record Certificate: (for some applications).
  • Marriage or Birth Certificates: Needed for family visas if applicable.
  • Tuberculosis Test Certificate: Required for applicants from specific countries.

Double-check the specific requirements for your visa type on the official UK government website.

Application Process

Applying for your visa can be done online via the UK Visas and Immigration (UKVI) website or through an application center in your home country. General steps include:

  • Fill Out the Online Form:
  • Pay the Application Fee: The fee can vary considerably in price, depending on the visa type. Additionally, most visas require payment of the Immigration Health Surcharge (IHS). Use the UKVI website to calculate the amount.
  • Book an Appointment: You may need to visit a visa application center to provide biometrics (fingerprints and photo). Certain visa types allow biometrics submission via the "UK Immigration: ID Check" app.
  • Attend the Visa Appointment:

At your Visa Appointment:-

  • Bring all required documents.
  • Be prepared for an interview about your intended stay in the UK, depending on the visa type.
  • Provide biometrics (fingerprints and photograph). Some applicants might need to provide additional documents or attend a credibility interview.
  • Await a Decision:

After submission and your appointment, await the outcome. It can sometimes take a long time. Priority and super-priority services are available for faster processing in some cases.

  • Standard Visa: Around 3 weeks.
  • Priority Visa: Around 5 working days.
  • Super Priority Visa: Up to 24 hours.

Family and settlement visas generally take longer, often several months.

Appeals and Additional Steps

If your visa application is rejected, you typically have the right to appeal:

  • Review the Rejection Letter: Understand the reasons for denial.
  • Gather Additional Information: Provide missing documentation.
  • Submit an Appeal: Options include Administrative Review or Judicial Review.

Those aiming to stay permanently might apply for Indefinite Leave to Remain (ILR):

Applying for Settlement (Indefinite Leave to Remain)

Those aiming to stay permanently might apply for Indefinite Leave to Remain (ILR):

  • Eligibility: In most cases, a residence period of at least 5 years in the UK is required.
  • Life in the UK Test: Assessing your understanding of British culture and history.
  • English Language Test: Demonstrate at least a B1 level in English using an approved test, unless from an English-speaking country.
  • Continuous Residence: Ensure minimal time spent outside the UK.

Applying for British Citizenship

After holding ILR for a period, you may apply for British citizenship. Requirements include:

  • Holding ILR for at least 12 months.
  • Meeting residency requirements.
  • Passing the Life in the UK Test.
  • Demonstrating good character and intention to reside in the UK.
  • Attending a citizenship ceremony.
  • Be Organised: Keep a checklist of documents and deadlines.
  • Be Honest: Provide accurate information.
  • Seek Help: Consult a legal advisor if needed.
  • Stay Informed: Keep updated through official sources as visa rules can change.
  • Use UKVI Tools: Utilise online tools and resources on the UKVI website.
  • Keep Records: Maintain copies of all submitted documents and correspondence.

Conclusion

The process of applying for the right to stay in the UK can seem daunting, but breaking it into steps can simplify it. Determine the visa type you need, gather requisite documents, diligently follow the application process, and seek help when necessary. Always check the latest guidance on the UK government website.

Whether visiting, studying, working, or planning to settle in the UK, ensuring you have the correct visa is the first step towards a successful stay. Best of luck with your application!

Resources and Additional Information

UK government websiteUK Government Visa and Immigration:

UK Visas and Immigration Phone: 0300 790 6268.

Citizens Advice:Search for "visas" or "right to stay".

EU Settlement Scheme: EU, EEA, or Swiss citizens may be eligible for the EU Settlement Scheme, allowing them to continue living in the UK post-Brexit.

This guide aims to provide a simplified overview of the UK visa application process.

Follow it for a smooth and stress-free transition. Welcome to the UK!