#AskDragonArgent
Welcome to Our UK Immigration FAQs
Navigating UK immigration laws can be complex, and we understand that you may have several questions about visas, residency, sponsor licence, citizenship, and more. This page is designed to provide clear answers to common immigration queries, saving you time and ensuring you have the right information at your fingertips. If you still need personalised advice or support, you can book a call with our immigration law experts.
UK Immigration FAQs
General Immigration Questions
-
The UK offers various visa types. Listed below are some of the common ones we advise on:
Work Visas (Skilled Worker, Global Talent and Innovator Founder)
Family or Dependent Visas (Spouse or Partner, Parent and Child)
Study Visas (Student and Graduate)
Visitor Visas (Standard Visitor (tourist), Business Visitor and Electronic Travel Authorisation (ETA) for EU, EEA and Swiss citizens)
Live and/or Work Visas (Youth Mobility Scheme, UK Ancestry Visa and EU Settled Status)
Each visa type has specific requirements, costs and conditions.
-
Processing times vary based on the visa type and application complexity but typically processing can take 1 day to 6 months. Priority and super-priority services can be purchased at an additional cost for faster decisions.
-
Yes, you can, depending on the current visa route you are on and switching to. However, some visas require applicants to leave the UK before re-applying under a different route.
Work and Business Visas Questions
-
A Skilled Worker Visa is for individuals with a job offer from a UK employer who is a licensed sponsor. To qualify for a Skilled Worker Visa, applicants must have a job offer from an approved licensed sponsor in the UK; be fulfilling a legitimate job role that is on the list of eligible occupations and be paid a minimum salary (how much depends on the role and start date).
-
Yes, most work visas allow you to bring your spouse or partner and children as dependents, provided that you and they meet the eligibility requirements (e.g. financial, health and accommodation requirements).
-
You can no longer apply for a Start-Up Visa. If you want to set up a business in the UK, you may be able to apply for an Innovator Founder Visa. Please note that you must have an endorsement from an approved body before applying for an Innovator Founder Visa. The application also requires a business plan and proof of funding as well as other items.
-
On a Business Visitor Visa, you can visit the UK for up to 6 months to carry out permitted activities. In 2023 the scope of permitted business activities was expanded to include remote work as a permitted activity, lifting restrictions on working directly with UK clients under intra-corporate contracts, and broadening activities for legal professionals, scientists, researchers, and academics. Please note that you cannot work for a UK company under this visa.
-
Yes, the amendments now recognise remote work as a permitted activity. However, the work conducted remotely in the UK cannot be for a UK company. The work must be related to the visitor’s overseas employment and should not be the primary reason for their visit to the UK.
-
Depending on your specific field of employment there are a few options available to you, the most common route is the Skilled Worker Visa, but other options may include Dependent Visa, Youth Mobility Scheme or UK Ancestry Visa.
Family and Settlement Visas Questions
-
A Spouse/Partner Visa requires proof of a genuine relationship, meeting financial thresholds, and passing an English language test. Child applications depend on their age, where they were born, the relation to the parent and where the child lives.
-
ILR grants permanent residency in the UK allowing you to live, work and study in the UK for as long as you like. Eligibility usually requires 5 years of lawful residence under specific visa categories, meeting financial and language requirements, and passing the Life in the UK test.
Study and Visitor Visas Questions
-
Yes, Student Visa holders can work part-time (up to 20 hours per week) during term time and full-time during holidays, depending on their course level and visa conditions.
-
A Standard Visitor Visa allows stays of up to 6 months for tourism, business, or short-term study purposes.
British Citizenship Questions
-
You must have been physically present in the UK for 5 years and have ILR or EU Settled Status for 12 months before you submit your application. Other eligibility requirements include you being over 18 years old, proving your knowledge of English, passing a life in the UK test and intending to continue to live in the UK.
Sponsor Licence Questions
-
A CoS is an electronic document issued by a licensed UK sponsor to a foreign worker, enabling them to apply for a work visa. It confirms that the employer is authorised to sponsor the worker and that the job meets the eligibility criteria under the UK immigration rules.
Take a look at our article for more details: How to Obtain a Certificate of Sponsorship (CoS)
-
There are two main types of CoS:
Defined CoS: For Skilled Worker visa applicants applying from outside the UK.
Undefined CoS: For workers already in the UK or those applying under other visa categories.
-
Employers must first obtain a sponsor licence from the Home Office. Once approved, they can assign a CoS through the Sponsorship Management System (SMS). The job offered must meet specific requirements, such as skill level, salary thresholds, and, if applicable, be listed on the Immigration Salary List.
-
A CoS contains details about the employer, the role being offered, and the employee. This includes the job title, salary, work location, start and end dates, and a unique reference number that the worker can then use when making their entry clearance application.
-
Defined CoS: For Defined CoS applications the Home Office aims to provide a decision within one working day, however, this may be delayed due to requests for further information or Home Office backlog.
Undefined CoS: For increases to a businesses Undefined CoS allocation, decisions can take up to 18 weeks to be approved. Alternatively, businesses may use the Priority Change of Circumstance service to receive a decision within 5 working days.
-
The fee to assign a Certificate of Sponsorship is currently £239. However, it has been announced that this is set to increase to £525. The date on which this change is to be implemented is yet to be confirmed.
-
A CoS is valid for three months from the date it is assigned. The sponsored worker must apply for their visa within this timeframe. Additionally, once the visa is approved, its duration will depend on the terms outlined in the CoS and the worker’s visa type.
-
When UK employers are granted with a sponsorship licence (a licence which enables an employer to sponsor foreign workers to come and work in the UK) there are prescribed duties imposed upon them by the Home Office. Any breach of these duties will grant the Home Office the power to revoke the company’s sponsorship licence and, in many instances, lead to further repercussions. Unsurprisingly, the Home Office does not take breaches in sponsor compliance lightly as companies who fail to uphold their duties are a risk to UK immigration control.
-
The increase to immigration officers at the Home Office and the increase in enforcement visits makes it clear that the Government intends to increase compliance checks and prevent illegal working in the UK, which is in line with their five-point plan to tackle illegal migration which was unveiled earlier this year. Now, more than ever, it is important that you are protecting your business and avoiding unnecessary risks by conducting the prescribed right to work checks.
Legal Terms Glossary
Absence Requirement – A rule setting limits on time spent outside the UK for ILR or citizenship eligibility.
Administrative Review – A process to challenge a UK visa refusal without going through a full appeal.
BRP (Biometric Residence Permit) – A card confirming visa status and rights in the UK. BRPs are being replaced by eVisas, which is an online record of your immigration status.
Certificate of Sponsorship (CoS) – An electronic record and document issued by a licensed employer to a foreign worker which is used by the worker to apply for a visa. Each CoS has its own reference number which is unique to the individual it has been assigned to.
EEA Family Permit – A document allowing non-EEA family members to enter the UK under EU Settlement Scheme rules.
Indefinite Leave to Remain (ILR) – Permanent residence in the UK.
Life in the UK Test – A mandatory test for ILR and citizenship applicants covering UK culture, history, and law.
No Recourse to Public Funds (NRPF) – A visa condition that prohibits access to benefits and public housing.
Right to Work Check – A verification process ensuring a foreign national is legally permitted to live and work in the UK. Employers are legally required to carry out a right to work check on all employees.
Sponsor Licence – Authorisation for UK businesses to employ foreign workers.
Still Have Questions? Book a Call!
If your question isn’t covered here or you need expert guidance, book a free consultation with our immigration advisors or send us an email at ask@dragonargent.com and we’ll get back to you shortly.
Our Immigration Solicitors
Head of Employment & Immigration
Trainee Solicitor