UK immigration law questions, answered

Visas and permission to stay

People who aren't British or Irish citizens usually need permission to enter or stay in the UK. This permission is often called a visa or leave, and it's granted by the Home Office, through UK Visas and Immigration. The detailed requirements are set out in the Immigration Rules, which are updated regularly.

Permission usually comes with conditions, such as how long you can stay, whether you can work or study, and whether you can access certain public funds. Breaking these conditions can affect your status and future applications.

Work routes

Many work routes require a job offer from an employer that holds a sponsor licence from the Home Office. The employer usually issues a certificate of sponsorship, and the job generally has to meet certain skill and salary requirements.

Other work routes don't need a sponsor, for example some routes for highly skilled people, graduates who studied in the UK, and young people from certain countries. Each route has its own requirements and conditions.

Family routes

Family routes allow some people to join or stay with family members who are British citizens or settled in the UK. The most common are routes for partners (spouses, civil partners and unmarried partners), children and parents.

Partner routes typically involve requirements about the genuineness of the relationship, finances, accommodation and English language. The requirements can be detailed, and evidence is usually important.

Studying and visiting

Students usually need a place on a course with an education provider licensed by the Home Office. Student permission comes with conditions, including limits on work.

Visitors can usually come to the UK for short periods for things like tourism, seeing family or certain business activities. Visitors generally can't work in the UK or live here through frequent or long visits.

Settlement (indefinite leave to remain)

Indefinite leave to remain, often called settlement or ILR, allows someone to live in the UK without a time limit on their stay. It's usually available after a person has spent a qualifying period in the UK on certain routes, and meets other requirements.

Settled status can be lost in some circumstances, for example after a long continuous period spent outside the UK.

Becoming a British citizen

Many people become British citizens through naturalisation, usually after they've held settlement for a period and lived in the UK for a number of years. Requirements typically include good character, knowledge of English and of life in the UK, and residence.

Some people are already British citizens, or are entitled to register as British, through their parents or where they were born. This can depend on dates and family circumstances.

eVisas and proving your status

Proof of immigration status is now largely digital. Many people have an eVisa, an online record of their immigration status, rather than a physical document such as a biometric residence permit. People can share proof of their status, for example with an employer or landlord, using a share code.

Right to work and right to rent checks

Employers must check that people they employ have the right to work in the UK. In England, landlords must also check that tenants have the right to rent. Employers and landlords who don't carry out these checks properly can face penalties.

Overstaying

Staying in the UK after your permission has ended, without a lawful basis, is known as overstaying. It can have serious consequences, including affecting future applications and the ability to work, rent or access services. Because of this, timing is important when permission is due to end.

If an application is refused

If an immigration application is refused, the options depend on the type of application and decision. In some cases there's a right of appeal or an administrative review, and in others the main option is to reapply. The refusal letter usually explains which options apply and the deadlines, which can be very short.

About our immigration information

LegalBuddha provides general information about UK immigration law. We don't provide regulated immigration advice or services. That means we can't tell you whether you're eligible for a visa or status, recommend what to apply for, prepare or submit applications, appeals or reviews, or contact the Home Office for you.

Regulated immigration advice can be given by an adviser registered with the Immigration Advice Authority, or by a solicitor regulated by the Solicitors Regulation Authority. You can check whether an adviser is registered on the Immigration Advice Authority's register.

Important: urgent situations

If you or someone you know has been detained, has been told they're being removed from the UK, has an appeal or review deadline coming up, or is seeking asylum, don't rely on LegalBuddha. Contact a regulated immigration adviser or a solicitor immediately.

Frequently asked questions