3 Legal Pathways to Living Abroad: From Tourist to Resident
Guide to Moving Abroad: Legal Things to Know
If, like me, you’ve taken the plunge to relocate abroad and you want to live in another country on a long-term basis, you’ll need to go through a far more complex legal process than if you were merely visiting. The exact nature of the process will vary from country to country. In the UK, there’s no direct pathway from a tourist visa to a permanent one – those wishing to apply to stay permanently will need to go back to their home country and start all over again.
Eligible Visa Routes for Permanent Residency
If you want to stay in the UK on a long-term basis, then you’ll have several different visas to consider. What’s appropriate for you will depend on your specific circumstances and personal attributes. It's wise to consult a solicitor for help with the visa process, as you’ll need someone who specialises in immigration law.
1. Skilled Worker Visa
To be granted a Skilled Worker Visa, you’ll need to demonstrate a few things. You’ll need a job offer, and the job will need to be of a certain skill level, and pay a certain salary. You’ll also need to be able to speak good English.
Recently, a government white paper has set out a requirement that the standard of spoken English required might be raised, as well as the length of time you’ll need to wait before being granted Indefinite Leave to Remain (ILR), which currently sits at five years.
2. Student Visa
A student visa is, as the name might suggest, intended to allow a migrant to study at a UK university. After you’ve graduated, you might transition to a Graduate Visa, and from there to a Skilled Worker Visa.
3. Family Visa
If you have family in the UK, then a Family Visa might allow you to live in the country so that you can live with them. The family member in question will need to be either a citizen of the United Kingdom, or have obtained settled status
The Application Process for Indefinite Leave to Remain
Settlement, or ‘indefinite leave to remain’, gives you the right to work, live, and study in the country indefinitely, without being a citizen (though you can apply for citizenship having been granted indefinite leave to remain).
To be granted this privilege, you’ll need to demonstrate that you have resided in the UK continuously for five years (though this is subject to change in the future). You will also be tested on your knowledge of the UK, and its history and customs. As we’ve mentioned, you’ll also need to be proficient in English.
Recent Changes in UK Immigration Policies
Immigration is a very salient issue in British politics. The various parties are constantly rolling out new policies in order to win over voters, and the government is regularly pre-empting its would-be replacements by rolling out new (and usually more stringent) immigration rules.
For example, you might consider the aforementioned white paper, or the introduction of Electronic Travel Authorisation (ETA), which has streamlined the process for arrivals from certain countries.
