Considering a move to the UK but daunted by visa requirements and cost

Hello! I've recently come to England for an extended visit, and I've received a very tentative/preliminary job offer. Incidentally, I've also met someone special.

I've hesitated to post here, despite being very grateful for all the information I've found, in case UK Immigration watches these boards.

I legitimately came here on holiday, and I had absolutely zero intention of or interest in living here long-term. But, as I'm sure some of others know in this forum, things change. Now, I'm dealing with a whole host of questions and no one with any answers.

My biggest immediate problem is that I entered England via Dublin (Thanks, Aer Lingus! Totally not worth saving the $100 or so in fares to fly with you) and don't have the UK entry stamp. I've tried calling UKVI (if that's right, the immigration helpline) many, many times. I either get someone who can't even understand my question, or I wait on hold for 60+ minutes only to get disconnected.

My immediate issue is that I'd like to change my flight so I can stay longer (but within limits allowed by immigration, obviously). I cannot get any definitive answer whether entry through Dublin without a visa absolutely limits me to a 90 day stay, or if I get the 6 month period for US citizens who are visiting. UKCISA is the only one that I've found, and it says 90 days. But since that is for students, I don't know whether it's the legitimate authority on immigration matters?

http://www.ukcisa.org.uk/Information--Advice/Visas-and-Immigration/Arriving-via-Ireland

"If, despite the above advice, you do enter the UK from the Republic of Ireland with no specific UK immigration permission, and you are a non-visa visa national, you will in most cases automatically have permission to be in the UK only for three months, not for six months."

But it says "may" and "in most cases."

Despite hours spent trying to contact immigration/Border Force, I can't get anyone to pick up the phone and talk to me. (This was before Christmas, by the way, so I don't think they would have been closed for the holidays.)

I probably sound completely noobish, but as I said I only intended to come for a holiday visit and then return home. And since I hope to apply for a long-term visa in the future, I'm terrified of making a rookie mistake that will get me banned permanently from the EU.

And, since I have to pay each time I change my return flight, I don't want to play it safe (book a flight for the end of three months) and find out I could have stayed longer.

I've asked British citizens around me, but as they haven't lived abroad they don't have any experience with immigration. In desperation I asked at the local church I've been attending, but they told me (before Christmas) to contact them again after the holidays.

So, here's my immediate question:

Is 90 days the definitive, absolute limit for staying if you've (stupidly and without any prior warning) entered England via Dublin and without a visa?

If so, does 90 days include the day of arrival and departure? (I'm asking, not to be nitpicky, but because the 90th day is a Sunday and would be the most expensive day to book a flight.)

Is it worth paying the premium phone number to try to get answers from UKVI? It's a lot of money for no guarantee, and their free line has been a total waste of time.

I've read as many posts on the forum as I can that seemed relevant, but it's really difficult when there's no search function. I'm trying also to ask my question in a way that doesn't violate the warnings put up by the forum owners--hope this is general enough that it doesn't go against the terms.


Thank you in advance for any information/replies you can provide! I've been worrying about this for two weeks with no idea where to turn for help.

90 days is definitive.  If you had entered through the UK, you would have been issued a visa at the border potentially allowing 6 months.  Your visa that you received at the Irish border allows 90 days.  It's very black and white.

Be sure to leave before the 90 days is up (even if you just do a channel hop to France and see if you can reenter the UK).  Do not allow anyone to be able to count to 91 days no matter what method they use.

Sigh. Not the news I'd hoped to hear, but thank you. I guess it's time to try to book my flight.

Is it worth it to try to go to another country and then come back to England to prolong my stay? Or will I get hassled by immigration at the border when I return?

Also,

If the job offer is from a very small work-from-home company, do they have any prayer of sponsoring me? They want me, but they don't know how to get a work visa for me. And from everything I've read, work visas are ridiculously unobtainable. They do legitimately need me (vs. what they could get from their pool of potential British citizen applicants), but as they are so tiny they are worried.

Thank you so much!

You can try channel hopping. Don't do it as a regular thing, but just once will probably be fine. Take a quick day or two in France, then when you come back to the UK, they'll stamp you.

The company would need to register for a sponsorship licence. It is not cheap and I'm not sure what the requirements are, but they can't sponsor visas without it. How specialised is this job?

If they do not hold a sponsorship license, they'll need to get an attorney and start the process.  It's not cheap or quick.

Just be sure you do not do ANY work at all while in the U.K., as that could make it virtually impossible to continue on a legal path in the U.K.

Step 1: Company gets added to the list of sponsors.
List: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/580612/2016-12-28_Tier_2_5_Register_of_Sponsors.pdf
How to become a sponsor: https://www.gov.uk/government/collections/sponsorship-information-for-employers-and-educators

Step 2: Company proves that there is no one else in the EU qualified to do the job. This is the RLMT (Resident Labour Market Test). They have to advertise the post for 28 days on the Job Centre plus website as well as elsewhere.
RLMT details: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/571245/Tier_25_guidance_24-11-2016.pdf
(page 111 onwards)

This is about qualifications, not preferences for which individual does the job. They also have to ensure that it doesn't look like you've been 'pre-selected' in preference for an EU/ EEA citizen. The job must be considered a 'graduate position' and meet certain salary requirements as well. The job has to be 'level NQF 6' or above.
Job codes: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/303033/CoP_-_Apr_14_V0_6.pdf

Step 3: Company applies for a Restricted Certificate of Sponsorship for you. This must be applied for before the 5th of the month. The committee meets on the 11th of every month and RCOS are issued soon after. There is a quota per month but this has almost never been reached.

Step 4: You apply for Tier 2 (General) visa from the US. You can only apply from a country where you can legally 'live' not just visit and if you have US citizenship, that is the US.

Step 5: You (presumably) are granted the Tier 2 and then have 30 days to enter the UK and then retrieve your Biometric Residence Permit. You then start your job and work there.

Unless you have a visa that allows work (not a visitor visa) you cannot undertake any paid or unpaid work.

Bless you! I've forwarded this information. There is so much "hearsay" that it's very hard to sort out the details.

Thankfully, I discovered (thanks to this forum) that I can't even do online work while I'm visiting. That was a VERY close call as I was going to do some, but I've been work-free while here.

Does the company *need* an attorney to get a visa sponsorship, or is that for convenience?

As there is a new relationship added to the mix, I'm also exploring partner/spouse visa options...but the relationship is really new. I'm afraid adding any long-term commitment that might jeopardize the relationship. We've also discussed going to the US to get married and returning, but that's an awfully big commitment.

Thank you so, so much for your fast and really detailed information.

P.S. As to the specialized nature of the job, I have the combined education and work experience that's exactly what they need. They don't have anyone on staff with the same qualifications, but they're looking into requirements for proving that no one else can do the same job. I'm not sure how they do that without it looking like they've cherry-picked me, though.

And I have a feeling immigration will be suspicious as it's such a small company.

They'd have to show that they advertised the job across the UK and the EU for a certain amount of time, and potentially provide details on other candidates who applied and why they were less suitable than you.

It's not an easy task.

If Brexit goes through that will at least make things easier for certain non-EU immigrants because the test would then apply to the UK only, not the whole EU.

If Brexit goes through that will at least make things easier for certain non-EU immigrants because the test would then apply to the UK only, not the whole EU.

It is of interest. We don't know the nature yet of the eventual arrangements. If some measure of freedom of movement is settled on, will it extend to things like this?