1. Which UK visa do I need?
Ans. The type of visa you need will depend on a number of factors, including your country of origin, your reason for coming to the UK, and your current circumstances. If you are unsure about the type of visa you will need, you can use our interactive Visa Wizard to find out by answering a few short questions.Each visa has different requirements which depend on the reason you are coming to the UK, how long you will be staying for and if you have a UK sponsor. With all UK visas you will need proof you can support yourself unless you are being supported by another (e.g. parent or partner). Once you know the visa that suits your circumstances, you will be able to check that you meet more specific requirements.
2. I am in a relationship with someone who lives in the UK, can I apply to join them there?
Ans. Your eligibility to join your partner in the UK will depend on a number of factors including your relationship status (married, civil partners, unmarried, children etc), as well as their current status within the UK (are they a UK EEA national or in the UK on a visa?). As there are so many possible situations in this circumstance, we would advise you to seek assistance from an immigration lawyer on your individual situation. He or she will be able to provide you with the answers you need as well as your potential options and next steps.
3. Can I apply to come to the UK to work on a Tier 2 Visa?
Ans. As a general rule, you can apply to come to the UK with a work visa or permit whether you are an EEA national or from outside the EEA, although your individual circumstances will determine whether you need a visa and, if so, which visa category you will need to apply under.
Specific work visas include: Tier 1 Visa, Tier 2 Visa or Tier 5 Visa.These visas are also subdivided into groups including religious workers and sportspeople.To discuss your individual circumstances and decide which visa category best suits your situation, contact one of our immigration experts for no-obligation advice.
4. I have previously overstayed, will this affect my application?
Ans. Yes, previous periods of overstaying in the UK will affect your visa application. How much your application will be affected will depend on a number of factors about the overstayed period. It is also becoming increasingly easier for authorities to determine whether applicants are telling the truth about whether they have ever overstayed in the UK, for example, by using passport information scanned on entry.As a result, putting false information on your application is not recommended. If you have previously overstayed in the UK and you are worried about it affecting your visa application then it is best to seek help from an experienced immigration professional.
5. What is my status whilst my visa UK application is being processed by the Home Office?
Ans. Your status during the processing of your visa application depends upon your status prior to application.
If you are already in the UK and you have applied for an extension or to switch to a different visa category then your status will depend upon whether your previous visa was still valid at the time of application.If your previous visa was still valid at the time of the new application then it will auto-extend until your application has been processed.
If, however, your visa has already expired at the time of application then your status in the UK is illegal and you should seek assistance from an immigration lawyer right away. If you are unsure of your status in the UK then contact one of our immigration lawyers to talk through your situation.
6. Can I switch from one PBS (Points Based System) category to stay as the dependent of my spouse who is in another PBS category?
Ans. Due to changes made in 2013, there are now more restrictions in terms of switching PBS categories for your UK visa than there were previously. Generally, you will be able to switch from one PBS category to another, although this may not be able to be carried out while you are in the UK.The possibility of switching PBS categories depends upon your current visa category as simply switching is not an option with some visas. As there are a few options in this particular area of UK immigration law, we recommend that you speak to one of our expert immigration lawyers to talk through your situation and assess your options on a personalized basis. Our experts will also be able to advise you on other options where switching PBS category is not the best solution, or assist with the application to switch categories where it is the best course of action.
1. We are a foreign company interested in establishing a presence in the U.S. Is there a problem bringing foreign employees to the U.S.?
Ans: Probably not. A number of visa options exist under U.S. immigration law. The best option may depend on a number of factors including but not limited to timing, availability, job type, employee education, and experience. Prior to establishing a presence in the U.S., certain employees may enter the U.S. as business visitors to explore investment opportunities, attend conferences and seminars, negotiate contracts and disputes, and to observe activities at a related company.
2. Does the type of legal entity established in the U.S. limit visa options?
Ans: Generally, for immigration purposes, it does not matter whether the entity is a C-Corporation, partnership, LLC, etc. You may want to consult with counsel specializing in business formation and related tax issues.
3. We have heard that the L-1 visa is a good option. Is this true?
Ans: The L-1 Intracompany Transferee Visa is the most commonly used visa to accomplish the transfer of key employees among an international group of companies. To qualify, the beneficiary must be transferring from an overseas company to a properly related U.S. company and must have served for one year within the preceding three years in an executive, managerial or “specialized knowledge” capacity with the overseas company. S/he must be transferring to the U.S. company to serve in one of these capacities. L-1 visas may be approved for a maximum initial period of three (3) years and extended in two two-year increments for executives/managers and one two-year increment for those with specialized knowledge.
4. What are some other commonly used employment-based visa options?
Ans: The H-1B Temporary Worker in a Specialty Occupation Visa, which generally requires the possession of a baccalaureate degree or higher or its equivalent, as a minimum, entry-level credential and may be approved for a maximum initial period of three (3) years and extended for an additional three (3) years (or longer under certain circumstances). A statutory cap limits annual approval of new H-1B petitions at 65,000. A foreign national already employed in H-1B visa status may start work for a new U.S. employer upon the filing (as opposed to the approval) of an H-1B petition with USCIS by the new employer.
The E-1/E-2 Treaty Trader/Treaty Investor Visa, issued pursuant to bilateral treaties of friendship, commerce and navigation between the United States and various other countries. A national of the treaty country involved may live and work in the United States for an employer sharing his/her nationality in executive, managerial or essential skills positions. The U.S. company must be at least 50%-owned by a company which is owned by treaty country nationals or at least 50%-directly owned by treaty nationals. Visas may be issued in up to five (5) year increments and are renewable.
The TN Trade NAFTA Classification, available to Canadian and Mexican citizens to engage in certain specific professions on behalf of a U.S. employer. “Business activities at a professional level” generally require that the individual have at least a bachelor degree or appropriate credentials demonstrating status as a professional. Canadians may apply directly at a Class A port-of-entry, a U.S. airport handling international traffic or a U.S. pre-flight inspection station. Mexicans must obtain a visa stamp in their passport prior to entering the US in TN status. The TN category allows for an initial entry of up to three (3) years, with three (3) year extensions available.
5. What if we want to bring foreign workers to the U.S. for training?
Ans: Two primary visa options are the H-3 Trainee and J-1 Exchange Visitor visas. Both permit foreign nationals to come to the United States to participate in a bona fide training program and require maintenance of a foreign residence with no intent to abandon it. The H-3 visa requires participation in a U.S. employer training program. The J-1 visa requires participation in a U.S. government-designated exchange program. Length of stay in the U.S. varies depending on visa classification.
6. What if we have an employee who needs to install/service machinery sold to a U.S. customer?
Ans: Skilled technicians may enter the U.S. as business visitors pursuant to a B-1 Visitor Visa or the Visa Waiver Program, as applicable, for the purpose of installing or repairing machinery sold by their employer within the past year, where the contract of sale requires such service. Skilled workers may also use enter the U.S. as business visitors to teach U.S. workers or to demonstrate a skill or technique, so long as they are not productively employed.
7. What if our foreign company’s president or management wants to meet with business prospects in the U.S.?
Ans: Entry as a business visitor pursuant to a B-1 Visitor Visa or the Visa Waiver Program may be appropriate. Business visitors often find it useful to obtain a letter from their foreign employer or U.S. host explaining the purpose of their trip, their itinerary and their financial arrangements. It is important to observe, however, the important but elusive distinction between employment, which is not allowed, and doing business on behalf of a foreign employer, which is allowed.
8. If our foreign company’s president transfers to the U.S., can s/he obtain a green card?
Ans: A multinational manager or executive may qualify for a green card and priority worker status if s/he has been employed outside the U.S. in a managerial or executive capacity for at least one (1) full year out of the three (3) years immediately preceding his/her transfer to the U.S., and if his/her position in the U.S. will be with a company that qualifies as an affiliate, subsidiary or parent of that employer, and if s/he will continue to serve as a manager or executive.
9. What is the difference between a temporary work visa and a green card?
Ans: A temporary work visa permits a foreign national entry to the U.S. for a finite period. Each non-immigrant visa has specific requirements that must be met in order for an individual to qualify for admission to the U.S. Non-immigrant employment-based visas are often location- and employer-specific. A green card permits a foreign national to live and work in the U.S. permanently (provided s/he does not engage in activities which could result in the rescission of the green card and deportation from the U.S.). Green card holders may freely change employers and generally possess the same rights and obligations of U.S. citizens; however, they may not vote, serve on juries, obtain certain U.S. government employment, or hold a U.S. passport.
10. How long does it take to obtain a non-immigrant work visa?
Ans: Processing times vary depending upon which government agencies are involved and visa availability. Generally though, average processing time is estimated at thirty (30) to sixty (60) days.
11. Are there any temporary work visa quotas?
There is a statutory cap that limits approval of new H-1B visa petitions in a fiscal year and the cap is currently set at 65,000.
12. May the spouse and children of a temporary work visa holder be employed in the U.S?
A spouse present in the U.S. pursuant to an E-2 or L-2 visa may apply for temporary employment authorization which will enable him or her to work legally in the U.S. Generally, children are not eligible for such employment authorization.
13. May children of a temporary work visa holder attend school in the U.S.?
Yes. Children under the age of twenty-one may attend public or private school.
14. May the cohabiting partner of a temporary work visa holder accompany him/her to the U.S.?
Yes. The partner may qualify for a B-2 visitor visa; this visa does not enable the partner to work in the U.S.