UK Immigration — Frequently Asked Questions
Common questions about immigration, answered by our solicitors.
What is the difference between a visa and leave to remain?
Entry clearance, often called a visa, is permission obtained before you travel to the UK. Leave to remain is permission granted to someone already in the UK to stay for a particular purpose, such as work, study or family life. Both are forms of immigration permission under the Immigration Rules, and each comes with conditions you must observe, such as restrictions on work or recourse to public funds.
How long do I need to live in the UK to apply for settlement?
The qualifying period for indefinite leave to remain depends on your immigration route. Many routes, such as the Skilled Worker route, require five years of continuous lawful residence, while some family and long-residence routes have different periods. You will usually also need to meet an English language requirement and pass the Life in the UK Test. Time spent outside the UK can affect continuity, so it is important to check the specific rules for your route.
What is the difference between settlement and British citizenship?
Indefinite leave to remain, or settlement, gives you the right to live in the UK without time restrictions. British citizenship goes further: it gives you a British passport, the right to vote in all elections, and freedom from immigration control. Most people must hold settled status for at least 12 months before applying for naturalisation as a British citizen, although spouses of British citizens may apply sooner.
Can I appeal if my visa application is refused?
Whether you have a right of appeal depends on the type of application. Refusals of human rights and protection claims usually carry a right of appeal to the First-tier Tribunal. For many other refusals, the remedy is an administrative review or, in some cases, judicial review rather than an appeal. There are strict time limits for challenging a decision, so you should seek advice as soon as you receive a refusal.
What is a Certificate of Sponsorship?
A Certificate of Sponsorship is an electronic record, not a physical document, issued by an employer who holds a sponsor licence. It is required for most work routes, including the Skilled Worker route, and confirms that a licensed employer has offered you a genuine role that meets the relevant skill and salary requirements. You use the reference number from the certificate when making your visa application.
Can my family come to the UK with me?
Many immigration routes allow you to bring dependants, typically a partner and children under 18, provided you can meet the relevant requirements. These usually include showing that your relationship is genuine, that you can accommodate and financially support your family without recourse to public funds, and that any required fees and the Immigration Health Surcharge are paid. The exact requirements depend on your route, so tailored advice is recommended.
What happens if I overstay my visa?
Remaining in the UK after your permission has expired is known as overstaying and can have serious consequences, including a re-entry ban, difficulty with future applications, and the risk of removal. If you have overstayed, or your leave is about to expire, you should obtain advice urgently, as in limited circumstances it may still be possible to regularise your status. Acting quickly gives you the best chance of resolving your situation.