Which visa?

We've had an influx of posters lately who aren't sure of their visa options.  I've put together a quick rundown of info for the most common visas in an effort to clarify things for the terminally confused.   

This list is not comprehensive and shouldn't be construed as official immigration advice in any way.  Everyone is encouraged to do their own research and shouldn't only rely on the advice of strangers on a message board.  If any of this info is incorrect, please let me know and I'll edit it.   

Before we begin, it's best to point out that one cannot just up and move to the UK.  If you wish to live here permanently, you must have the appropriate visa.  To determine which type of visa you need, visit www.britainusa.com/visas and complete the “Which Visa?” questionnaire.  It's also worth pointing out that this info is for US citizens only and is only appropriate for people making the move from the US to the UK, not the other way around.

Tourist – You may enter as a tourist on the visa waiver programme (though you may need to apply for entry clearance if you have a criminal record, have been deported, etc.) for up to 6 months, after which time you must leave the UK.  Whilst here as a tourist, you cannot work, cannot volunteer, and cannot enrol as a student.  You are not entitled to NHS coverage.  At immigration, you may be asked to provide proof that you have ties and intend to return to the US and that you can support yourself financially for the duration of your visit.  When in the UK as a tourist, you cannot switch status to another type of visa from within the UK.   

BUNAC – If you are currently a university student or have recently graduated from university, you may qualify for the BUNAC programme.  You can live and work in the UK for 6 months.  Beware that you will probably not find a high-paying or highly-skilled job whilst here – most BUNACers wait tables, work in retail, or do admin work.  BUNACers are not entitled to NHS treatment. For details, visit www.bunac.com

Spouse – If you are married to a UK citizen, you may enter as a spouse.  To qualify for a spousal visa, you must demonstrate that you can support yourself (as you will not be able to apply for benefits), that you will have a decent place to live in the UK, and that you are in a genuine marriage.  The marriage can take place in the US (the UK partner will not need a US fiance/e’ visa because you won’t live in the US following the marriage) or the UK (the US partner will need to apply for a UK fiance/e’ visa before entering the UK).  If the UK partner cannot prove that s/he can financially support the US spouse, a letter of support can be included in the application from a third party in the UK (usually family of the UK partner) who agree to provide a place to live or financial support for the couple.  The third party will need to provide financial statements and/or mortgage/lease papers.  When entering the UK as a spouse, you will be able to work immediately and are entitled to NHS treatment.  If you are entering the UK with dependant children, they must have a visa as well.  Please note that you may need permission from the other biological parent in order to move your children to the UK.  Two years after entering the UK as a spouse, you will apply for ILR, which allows you to remain the UK indefinitely (assuming you do not stay out of the UK for more than two years). 

Fiance/e’ – If you are engaged to a UK citizen and wish to marry in the UK, you must enter on a fiance/e’ visa.  The criteria for this visa are the same as the spousal visa, though there is often more of a focus on the relationship side of the evidence (i.e., is this a genuine relationship?) in addition to the financial aspects whereas the focus on a spousal visa application is more on the financial side of things only (this is my personal experience).  Again, if the UK partner cannot provide financially, a third party can provide proof that they will help the couple financially or will give them a place to live.  A fiance/e’ visa is good for multiple entries to the UK and is good for 6 months, during which time you must marry.  The fiance/e’ cannot work in the UK until they have received FLR (basically a spousal visa, so make sure you keep all documentation from your fiance/e’ visa application).  Fiance/e’s are entitled to NHS coverage. If you are entering the UK with dependant children, they must have a visa as well.  Please note that you may need permission from the other biological parent in order to move your children to the UK. 

Unmarried partners – (common-law spouses or same-sex couples who have lived together for two years) – You must be able to prove that you have lived together for the two years prior to your application, that you can support yourselves financially, and that you will have a decent place to live.  If you are entering the UK with dependant children, they must have a visa as well.  Please note that you may need permission from the other biological parent in order to move your children to the UK.  Unmarried partners can work upon arrival to the UK and are entitled to NHS coverage.

(Proposed) Civil partners (same-sex couples) – Applying as a proposed civil partner is fundamentally the same as applying as a fiancé/e’ – you must prove that you can support yourselves, that you are in a genuine relationship, and that you will have a decent place to live in the UK.  Your visa will be good for 6 months, during which you must register your civil partnership.  After the partnership is registered, you will apply for FLR, the requirements of which are fundamentally the same as the spousal visa.  You cannot work until you have received your FLR, though you are entitled to NHS treatment.  If your civil partnership has already been registered, you will be applying for FLR right away and you will be able to work upon arrival and will be entitled to NHS treatment.  If you are entering the UK with dependant children, they must have a visa as well.  Please note that you may need permission from the other biological parent in order to move your children to the UK.

Work permit –You must find a UK employer to sponsor your work permit.  You can enter as a tourist for the purposes of interviews, but you cannot begin working in the UK without going back to the US for your work permit and entry clearance.  The employer will need to provide evidence of advertisement of the position and that the pool of applicants in the UK and EU was not suitable.  If your work permit is approved, you will need to apply for separate entry clearance.  Any dependants will need to have separate visas.  Work permit holders and dependants are entitled to NHS treatment.  Note that a work permit is tied to a particular job – you cannot change employers without securing a new work permit.

HSMP – If you cannot or would rather not enter the UK on a work permit, you can apply for the Highly Skilled Migrants Programme.  To qualify for the HSMP, you must demonstrate that you have sufficient educational qualifications, graduate or senior-level work experience, sufficient earning history and potential, and significant achievements in your field.  If approved for the HSMP, you must apply for a separate entry clearance.  HSMP visa holders are entitled to NHS treatment.  HSMP visa holders’ dependants will need separate visas and will also be entitled to NHS treatment.  The HSMP visa is not linked to a particular job.

Permit-free employment – There are various schemes (some of which are only open to Commonwealth citizens) which allow people to live and work in the UK for a set period of time.  As there are several types of permit-free employment, please visit http://www.britainusa.com/visas/articles_show.asp?i=65027&L1=41000 for details.

Student – To qualify, you must have been accepted to a UK further/higher education institution on a full-time basis.  You can work up to 20 hours per week and must leave the UK at the end of your studies.  You must provide proof of acceptance, financial stability (note that you will be eligible for some US-based loans), and proof of acceptable accommodation.  Dependants must have their own visas and you may need the permission of the other biological parent to bring children to the UK.  You will need a separate entry clearance if you will be studying for more than 6 months and should be aware that fees for international students are substantially higher than for home students.

Nice work Lola!!

That's great, Lola!    I'm going to sticky it and lock it so all your hard work doesn't get lost. 

UPDATE (feel free to add other amendments, everyone!):

For spousal/fiance visas, third-party financial support is no longer allowed.  If you will be living with a third party, you must include their mortgage/lease/deed papers and have permission to live with them, but you must also contribute a reasonable amount toward rent and utilities and you cannot receive any sort of financial assistance from them.

The HSMP has changed as well.  Please search for Tier 1 on the forum for more information.

One thing I thought of to add: 

A person who has gotten married in the UK while on the Fiance Visa must next apply for and be granted the Spousal Visa before travelling outside of the UK. (You are no longer a fiance/e and are now a spouse.)  That means no honeymoon or other trips outside the UK until you get your Spousal Visa.

That's very useful!

But what about the lovely 'Returning Resident' visa? Should that be added, as well?

Thanks for summing it all up Lola!

Do you think you could add a paragraph about those of us who have been married to a UKC for more than 4 years outside the UK?  There is hardly any info out there about this situation.  The main difference for long term spouses is that if you have been granted a two year spousal visa, once you are in the UK and have taken KOL, you can switch to ILR without waiting the full two years.  Also, it is possible to enter the UK as a tourist and take the KOL.  You can then submit your pass certificate with your spousal visa application back in the US and be granted ILE (same as ILR) right away.