Immigration Corner | How to choose the correct visa when applying to go to the UK

Dear Mr Bassie,

There are many types of British visas. I would like to know how to choose the correct visa when applying to go to the United Kingdom.

OL

Dear OL,

Persons may need a visa to go to the United Kingdom (UK) to study, work, visit, or join family.

There are different visas depending on where the applicant is arriving from, why they would like to go to the UK, how long they want to stay for, and their personal circumstances and skills.

It is advisable that before applying, persons must check if they need a visa and what type they need. They should be aware, depending on their nationality, that they may not need a visa to visit or transit through the UK. Please note that the application must be approved before you travel and that an Irish citizen does not need to apply for a visa.

VISITING THE UK

Persons must apply for a Standard Visitor visa to visit the UK for up to six months. For example, if a person is going on a holiday or to see family and friends, for a business trip or meeting, or to do a short course of study. Persons must apply for a Marriage Visitor visa if they want to visit the UK to get married or register a civil partnership. Please note that persons cannot take a job in the UK if they have a visitor visa.

TRAVELLING THROUGH THE UK

If travelling through the UK en route to another country, persons may need a visa, for example, they may have a layover between flights. They should apply for a visa to travel through the UK.

STUDYING IN THE UK

Applicants should note that the course length, type and place of study affect which visa to apply for.

It should be further noted that a Standard Visitor visa allows persons to do a short course of study that lasts no longer than six months whereas a short-term study visa allows persons to go to the UK to study an English language course that is between six months and up to 11 months.

A Student visa is usually for a longer course. These applicants must be sponsored by a licensed college or university and have a confirmed place. On this visa, they may be able to do some work. A Child Student visa is for four- to 17-year-olds who want to study at an independent school. If they are 16 years old or over, this visa permits them to do some work.

WORKING IN THE UK

A successful applicant can work in the UK on a short- or long-term basis with a Work visa. Please be aware that there are many types of Work visas.

The visas persons need will depend upon

• Their skills and qualifications.

• If they have a job offer and sponsorship.

• If they want to bring their family with them.

• What they will be doing – for example, sporting, charitable, or religious work

Please note that persons can also set up a business with an innovator Founder visa.

JOINING FAMILY IN THE UK

A person who is a spouse, partner, or family member of someone who has British citizenship or settlement in the UK can apply for a Family visa to join them. He/she may need to show that they can support the applicant financially. The successful applicant may be able to apply for indefinite leave to remain (ILR) after a set amount of time living in the UK.

IF THE FAMILY MEMBER IS IN THE UK ON A VISA

Persons may be able to apply for a visa to join a family member who is in the UK on a visa. They must be either a spouse or partner, or a parent if the applicant is 18 years old or under. They should be sure to check what visa will be needed to join them.

FAMILY REUNION VISAS FOR REFUGEES

Persons should note that if they were separated from their partner or child when they were forced to leave their country, they can apply to join them in the UK. A person’s family members can apply if they have been given asylum or five years’ humanitarian protection and not have British citizenship.

IF THE FAMILY MEMBER IS FROM THE EU, SWITZERLAND, NORWAY, ICELAND, OR LIECHTENSTEIN

Persons can apply for a free EU Settlement Scheme family permit to go to the UK if they have a close family member who

• Was living in the UK by December 31, 2020.

• Has pre-settled or settled status.

• Who were in a relationship with by 31 December 2020 (unless they are applying for a child who was born or adopted after this date)

Please note that close family members include a spouse or civil partner, child, grandchild, parent, or grandparent.

Further, a family permit allows persons to live, work, and study in the UK for up to six months. Persons who have the family permit can apply to the EU Settlement Scheme to stay in the UK after it expires. However, they usually need to apply within three months of arriving in the UK.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com