Planning on relocating to the UK from the US? What you need to know about visas

When advising clients with US and UK connections in relation to estate planning matters such as tax planning, wills and powers of attorney, we might also be instructed to advise on and assist with applications for the appropriate UK visa where a relocation to the UK is being considered or already underway. We are fortunate to be able to draw on the expertise of our immigration team who have considerable experience in this area.

What visa options are available in the UK?

The UK has numerous visa routes available to US nationals who want to relocate. Navigating all of these options can be daunting as there are lots of visas with their own criteria and pros and cons. Some are suitable for those planning to work or to study and some are based on family relationships. Some visas are temporary, and some might lead to residence - so knowing your long-term aims is important in identifying the right visa for you.

This blog outlines some of the possible visa routes that might be suitable. It is important to seek advice on your own personal circumstances and to do so at an early stage. Some visas take some time to process so planning in advance is always recommended.

Family visas

Certain family relationships can provide visa options to relocate to the UK. In some cases, having a British born parent, or a grandparent born in Ireland might provide options to obtain a British or Irish passport.

Some individuals might be able to apply for a visa based on a relationship with a British or EU national. For example, there are partner visas available for those married to or in certain committed relationships with a British national. There are eligibility criteria applicable to these visas including a financial requirement to demonstrate that they can support themselves in the UK.

Individuals with certain qualifying relationships with someone who has status under the EU Settlement Scheme may also be able to qualify for permission to live in the UK on this basis.

There is one further visa route which has arisen out of a relatively recent change in the law which opens up the possibility for a US national who has a British born grandmother to make an application on a discretionary basis for registration as a British citizenship in specific circumstances. The individual must be born before 1 January 1988 and additional criteria apply.

We can advise further on these routes if you think it might be relevant.

Skilled Worker visa

If you are planning to work in the UK, the Skilled Worker visa is often one of the fastest and most straightforward ways to relocate. This involves finding a job with a UK employer who has a sponsor licence that allows them to sponsor under the Skilled Worker route. There is a register of licensed sponsors available on the UK government website.

In some cases it might be possible to set up your own business which can obtain a sponsor licence provided that you will have a UK based employee or director and provided that there is a genuine business that will be established.

Not every job is suitable for sponsorship. The job must be at a minimum skills level and there are also minimum salary requirements that need to be satisfied – please get in touch if you need more detailed advice.

The Skilled Worker route is usually fairly quick to obtain and often a UK employer will support you with the process of obtaining the visa once you have been issued with a Certificate of Sponsorship. Some employers will offer to pay some of the visa costs too.

Employers in the UK do not need to demonstrate that they cannot find a British / Irish national to do the job (there is no resident labour market test). So satisfying the criteria for sponsorship should be straightforward. Skilled Worker visas allow individuals to bring certain family members with them in the vast majority of cases and spouses, civil partners and certain unmarried partners can work in the UK if they secure a dependant visa. After 5 years of living and working in the UK under a Skilled Worker visa without significant absences from the UK, individuals may satisfy the requirements for indefinite leave to remain in many cases (provided that the requirements in place at the time are met).

Global Talent visa

This visa route does not require sponsorship by a UK employer and may be suitable for some individuals who are leaders or emerging leaders in certain fields of expertise such as digital technology, academic and research or the arts and culture.

Innovator Founder visas

In some cases, you can obtain a visa if you plan to set up and run an innovative business in the UK and if that business is endorsed for the purposes of this visa route by an approved endorsing body. There are other eligibility requirement which we can advise on further.

Student and Graduate visas

In some cases if visa options are limited an individual might decide to come to the UK to study rather than work. In such cases a Student Visa (followed by a Graduate Visa) might be worth considering.

Does owning property or other assets provide a visa route?

It can be challenging to obtain a visa if you don’t plan to work, study or operate a new business (unless you can obtain a visa based on family relationships). Owning a property or other assets does not in itself provide access to a visa. The UK closed the Investor visa route to new applicants on 17 February 2022 (which had allowed certain individuals with qualifying investments to obtain a visa).

What else do I need to consider once I have my visa?

Once your visa is granted, it would also be advisable to take advice on the following matters:-

• The need for a Scottish will and power of attorney (these documents could be prepared in conjunction with any existing US will and/or power of attorney);
• The tax and succession implications of your move to the UK; and
• If you are purchasing property in the UK and you already own property in the US or elsewhere, what steps might be taken by you to mitigate Scottish or UK property taxes.

Key takeaways

If you are a US national considering relocating to the UK, this blog highlights some of the visa routes and immigration options available. However, there are many others, and it is important that you take specific advice to ensure that you identify the right one for you. There are different timescales, costs and processes applicable to each visa which might influence which visa you apply for. Your plans and whether you intend to stay in the UK long-term will have an impact on which one is right for you. Our immigration lawyers are experienced in advising individuals with US and UK connections and are able to respond quickly, as is often required with immigration matters.

When preparing for an overseas move to the UK from the US, it is important to note the unique elements of estate planning that differ between countries. Brodies wills and estate planning lawyers can advise on Scottish tax and succession matters, as well as English wills and probate. Our personal law team are highly experienced in advising individuals who have connections in the US and UK, and we regularly collaborate with professional advisors in the US and elsewhere to provide comprehensive advice in this area. To speak with a member of our team, please get in touch.