The ‘visa’ is a document that serves as legal proof for a person’s entry into a country. With relation to securing a visa for entry into the UK, a certain process defined by the immigration laws of the country must be followed. The process varies depending on the reason the person wishes to seek entry, with each visa category existing for a different reason of entry.
In relation to the work visa of the UK, the process is defined in the UK Immigration Rules. The work visa is a general term used to describe entry into the country for purposes of work, where the period of stay can range from being temporary to permanent depending on the applicant’s case. In actuality, entry into the country spans several visa categories such as the t1 entrepreneur visa, t1 graduate entrepreneur visa, t1 exceptional talent visa, t1 general visa, t5 temporary worker, t1 UK investor visa scheme visa etc. (here t1 and t5 refers to Tier 1 and Tier 5 respectively). All of these categories differ in their requirements and process, and are treated differently by the Home Office, which is the department of the UK government responsible for handling visa cases.
The following blog takes an in-depth look at several categories in relation to entry into the UK for work purposes, by going into detail about the requirements that must be met as such to be eligible.
Requirements to be met by any Person with UK Ancestry seeking Work in UK:
Any person who has ancestry in the United Kingdom, but is a non-UK national looking to come to the country for purposes of work will need to meet the below mentioned requirements to be eligible for the visa:
If the above mentioned requirements are adequately met by the worker, and his/her visa application is accepted by the Home Office, the temporary period of stay that is granted in this regard is 5 years maximum. In this regard, the entry clearance document must be kept during travel to the country to be shown upon arrival.
In the scenario where the above mentioned requirements cannot be met by the worker or an entry clearance document cannot be produced upon arrival, entry into the country will be refused.
Where the above mentioned criterion granted the worker initial stay into the country for a limited period of time, an extension can be granted once the initial period has expired if the below mentioned requirements are met.
Requirements to be met by any Person with UK Ancestry seeking Extension for Work:
In the scenario the above mentioned requirements are adequately met by the worker, an extension for a maximum time period of 5 years is granted for purposes of work. However, if the above mentioned requirements are not met or the Home Office is not satisfied with the visa application for extension, the request for an extension can be refused.
Requirements to be met by any Person with UK Ancestry seeking Permanent Residency for Work:
In the scenario the above mentioned requirements cannot be adequately met, and the Home Office is not satisfied with the visa application in this regard, UK nationality under this visa category can be refused.
Requirements to be met by any Person seeking entry in UK as a Foreign Government Employee
The requirements that must be met for any person seeking entry under this category are the same as for people with UK ancestry that has been described above.
Requirements for People who are affiliated with a Religious Organization to enter the UK for related Work
Requirements to be met by the Partner of any Person who has been granted Entry into the UK
In the scenario where a person wishes to join his/her partner who has been given permission to temporarily stay in the UK, the below listed requirements must be met:
In the scenario where the requirements are fulfilled by the partner and he/she is granted a visa to enter the UK under these circumstances, the period of stay that will be allotted will not be greater than the period of stay granted to his/her partner. It should be noted that the partner must be in possession of an entry clearance document upon arrival in the UK to be shown to a government official of the UK. In the scenario where the partner is unable to produce an entry clearance document under these circumstances, entry into the country can be refused.
In the scenario where the partner of the applicant is staying in the UK on the UK t1 visa (Tier 1 UK investor visa scheme, Tier 1 entrepreneur visa, Tier 1 general visa etc.) the visa granted to the partner will be limited with regards to their choice of work in the UK; such as not being allowed to take employment as a dentist or a doctor without certain regulations.
Furthermore, even if the above requirements are met but the Home Office is not satisfied with the partner’s visa application, entry into the country can still be refused.
In the scenario where a person wishes to extend his/her stay in the UK under these circumstances, the below listed requirements must be met:
Under these circumstances for request of extension, the time period for further stay that can be granted if the visa application is accepted, will not be greater than 2 years. Furthermore, the same conditions for partners of UK t1 visa (t1 investor visa UK immigration, t1 entrepreneur visa, t1 general visa etc.) migrants apply regarding employment opportunity in the UK.
In the scenario where a person wishes to join his/her partner permanently in the UK and the partner holds UK nationality, then the same rules that applied above in the requirements for extensions section applies here.