Brexit: Which Visa Should You Choose for the United Kingdom?

Brexit: Which Visa Should You Choose for the United Kingdom?

Is a visa now required to enter the United Kingdom? Which one should you choose, and what procedure should be followed?

Overview

The United Kingdom’s definitive withdrawal from the European Union on 31 December 2020 brought an end to freedom of movement.

Since 1 October 2021, French nationals entering the United Kingdom must hold a valid passport; a national identity card is no longer sufficient.

Since 1 January 2021, following the entry into force of the new immigration regime, only short stays—namely visits for tourism, family purposes, or, in limited and specific cases, for study or business—of up to six months are exempt from the visa requirement.

Accordingly, any other form of stay (in particular for the purposes of working or settling in the United Kingdom) requires a visa.

Different categories of visa apply depending on the nature of the intended stay. By way of illustration:

• Skilled Worker Visa: https://www.gov.uk/skilled-worker-visa
• Health and Care Worker Visa: https://www.gov.uk/health-care-worker-visa
• Global Talent Visa: https://www.gov.uk/global-talent
• Start-up Visa: https://www.gov.uk/start-up-visa
• Innovator Visa: https://www.gov.uk/innovator-visa
• Student Visa: https://www.gov.uk/student-visa

Full details of visa routes for working, studying, or residing in the United Kingdom are available on the official government website: https://www.gov.uk/browse/visas-immigration.

Each situation requires a specific visa and entails particular eligibility criteria.

Depending on Your Project

• Studying in the United Kingdom:

The appropriate visa will depend on the duration, type, and location of your course of study.

A Standard Visitor Visa permits short courses of up to six months.

 A Short-term Study Visa allows attendance on an English language course lasting more than six months and up to eleven months.

 A Student Visa is generally required for longer courses. Applicants must be sponsored by a licensed institution and hold a confirmed offer. Limited work is permitted under certain conditions.

 A Child Student Visa is intended for applicants aged 4 to 17 attending an independent school. Those aged 16 or over may work under certain conditions.

• Working in the United Kingdom:

Undertaking employment in the United Kingdom requires obtaining either a short-term or long-term work visa. Numerous categories exist.

The appropriate visa will depend in particular on:

• Your skills and qualifications
• Whether you have a job offer and an approved sponsor
• Whether you intend to be accompanied by family members
• The nature of your activity (e.g. sporting, charitable, or religious work)

Establishing a business typically requires a Start-up Visa or, where applicable, an Innovator Visa.

Preparing Your Application

Most visa applications can be completed and paid for online.

If dependants intend to accompany you, each individual must submit a separate application and pay the relevant fee.

• When to apply:

Applications should be submitted as early as possible, namely:

• Up to three months before the intended date of travel for visitor visas exceeding six months
• Up to three months before the employment start date for most work visas
• Up to six months before the course start date for student and child student visas

A person granted permission to stay in the United Kingdom must leave the country before the expiry of that permission.

• Expedited decisions:

Faster decisions may be available depending on the type of visa, the method of application, and the country from which the application is made.

• Fees:

All visas are subject to fees, the amount of which depends on the category of visa. The same fees apply to each family member applying.

• Healthcare surcharge:

Applicants must pay the Immigration Health Surcharge where:

• The application concerns a work, study, or family visa
• The intended stay exceeds six months
• The applicant is not seeking indefinite leave to remain
• Applications on behalf of a third party:

Applications may be submitted on behalf of another person (for example, minor children). The applicant’s details must be entered in the form, not those of the representative.

• Tuberculosis testing:

For stays exceeding six months, applicants may, in certain circumstances, be required to undergo tuberculosis screening and provide evidence thereof.

• Amending or withdrawing an application:

If you need to amend your application after submission, you should contact UK Visas and Immigration (UKVI).

Applications may be withdrawn; however, fees will only be refunded if processing has not yet commenced.

We work with a network of UK-qualified solicitors specialising in visa applications.

The WEST AVOCATS team remains at your disposal.

Thierry Ygouf de Varese

French and Swiss (as UEmb) Attorney At Law

Thierry.ygouf@west-avocats.fr (or .ch)