Who can live and
work in the UK?Who can live and
work in the UK?
The rules for
immigration to
the UK differ depending on the nationality of the person wishing to
stay. For
people from some countries, such as those in the European Union, or
those with
family links to the UK, such as marriage to a UK citizen, the process
is fairly
simple. For other countries it is more complicated and they may need to
apply
under one of the schemes for allowing foreign nationals to work in the
UK.
Application for
immigration to
the UK are administered by a part of the Home Office known as the Immigration
and
Nationality Directorate. This guide has information on current UK
legislation on immigration.
1.
EU and
EEA
nationals
2.
British citizens abroad and Commonwealth citizens
3.
Relatives
4.
Working in the UK
5.
Indefinite leave to remain
6.
Naturalisation
Citizens of countries
in the
European Union and the European Economic Area are allowed to live, work
and
study in the UK without having to obtain special permission. The EEA
includes
the countries in the EU as well as Iceland, Liechtenstein and Norway.
Swiss
people also have the same rights, although Switzerland is not in the EU
or the
EEA.
The immediate
families of people
from these countries also have the right to move to the UK.
Having the right to
live in the
UK does not mean that EU and EEA nationals automatically have rights to
UK
benefits, although they generally will have benefits rights if they
have been
resident for six months.
EU enlargement
On 1 May 2004, 10 new countries, mostly from Eastern Europe, joined the
EU. The
government tightened the rules on the new EU citizens claiming
benefits, to
prevent people moving to the UK to live on state handouts. The measures
included:
People
from the
new member states do not need work permits but need to register with
the Home
Office worker registration scheme. The government has said it will
re-impose
restrictions on the labour market if they take too many jobs in
Britain.
People from new
member states who
are working in the UK can immediately claim emergency NHS treatment,
council
tax benefit, housing benefit, homelessness assistance, child benefit,
working
tax credit, child tax credit and state pension credit.
2. British citizens abroad
and
Commonwealth citizens
British citizens who
live abroad
and some Commonwealth citizens have what is known as the 'right of
abode' in
the UK. This right entitles them to enter, live and work in the UK
without
restriction. However, countries that joined the Commonwealth after 1
January
1983 are exempt from this scheme. These are South Africa, Pakistan,
Namibia,
Cameroon and Mozambique.
Under the scheme,
Commonwealth
citizens with a British parent are eligible, as are women from
Commonwealth
countries who have been married to a British man.
Those who come to the
UK under
the right to abode scheme may claim state benefits if they can show
that they
intend to make the UK their permanent home.
Commonwealth citizens
who have
the right of abode need to apply for a certificate of entitlement if
they want
to enter the UK. The certificate is a sticker which is placed inside a
non-British passport. After five years living in the UK, a person who
has moved
to the UK under the right to abode can apply to naturalise as British
citizen
and obtain a British passport.
Some relatives of
people who are
'permanent residents' in the UK are allowed to move here to join them.
Permanent residents are British citizens, and immigrants who have been
given
indefinite leave to remain. Relatives must apply for the right to live
here,
first temporarily and then permanently.
Husbands, wives and
dependant
children under the age of 18 are allowed to move to the UK. Unmarried
partners
may also be admitted.
Widowed parents and
elderly
parents and grandparents are allowed to come if they are financially
dependant
on someone living in the UK, and if it can be shown that they will not
require
financial support from the state.
Other relatives may
be allowed to
come to the UK at the discretion of the Immigration and Nationality
Directorate
if there are exceptional compassionate grounds.
There are several
different
schemes for allowing non-British nationals to work in the UK. Some of
the most
important schemes are briefly described below. Full details can be
found on the
government's Working
in the UK website.
People who are
allowed into the
UK to work under these schemes are not normally allowed to claim
benefits such
as housing benefit or income support.
UK ancestry
Commonwealth citizens who can show that one or more of their
grandparents was
born in the UK may come to work in the UK for up to four years.
Work permits
The work permits scheme allows employers to hire foreign nationals who
would
not normally be allowed to work in the UK to fill a specific position.
Employers normally
have to show
that they are unable to find a suitable person from the UK before they
can
apply for a work permit. There is a charge, currently set at
£95, for each
application to cover administration costs.
Work permits are
awarded for a
fixed period of time. If the employee wants to continue in the job for
longer,
an application to extend the work permit must be made.
Full details of the
work permit
scheme are available from the Work
Permits (UK) website .
Highly skilled
migrant
programme
This scheme allows individuals to move to the UK even when they have
not been
offered a specific job. Applications are assessed using a points
system, with
points awarded according to level of academic qualifications, previous
work
experience and salary.
Successful applicants
are
normally allowed to stay in the UK for one year. After that, they can
apply for
an extension of up to three years, providing they have not been
supported by
the state.
For full details see the
Immigration and Nationality Directorate's guide .
Working
holidaymaker scheme
This scheme is for 17-30 year olds who want to come to the UK for a
working
holiday of up to two years. All Commonwealth citizens are eligible,
including
those from countries that have only recently joined the Commonwealth.
Holidaymakers may not bring children over the age of five.
Visitors on this
scheme can do
any kind of work.
Special
arrangements for
particular jobs
There are special arrangements for people with certain types of job to
make it
easier for them to come to the UK. These include:
People
who come
to the UK under such an arrangement are not normally allowed to take up
any
other form of work.
Changes to the
work permit
system
The government announced in June 2005 a five year plan to change the
current
work permit system.
All the different
work permits and
entry schemes that are currently in operation will be replaced by a
single
points-based system. Under the proposed system the more skills you
have, the
more points you gain, so increasing your chances of entry to the UK.
But the
system would be responsive to gaps in the economy, for example, if more
electricians were needed in the UK more points would be granted to
foreign
electricians.
The BBC news website
has more on migration:
the
points system.
People who have been
working
continuously in the UK for four years with a work permit, and who are
still
required by their employer, can apply for 'indefinite leave to remain'.
This
means that they are free to stay in the UK for as long as they like and
that
they are considered to be permanently settled.
Those who came to the
UK under
the highly skilled migrant programme can also apply for indefinite
leave to
remain after they have been resident for four years.
Anyone who has lived
lawfully in
the UK for 10 years can apply.
People who have been
admitted to
the UK to live with their partner for a limited time must first apply
for a two
year extension to their stay. If they are still in the same
relationship at the
end of this period they may apply for indefinite leave to remain.
After five years
living in the
UK, or three years if they are married to someone from the UK, foreign
nationals
can apply to naturalise as British citizens.
Non-British citizens
who are
legally settled in the UK can apply to be naturalised, i.e. to become a
British
citizen. UK law allows people to have more than one nationality but
some
countries don't, so applicants might have to give up their original
nationality.
Applicants who are
married to a
British citizen must:
Applicants
who
are not married to a British citizen must also:
Citizenship
ceremonies
Anyone applying for naturalisation has to take part in a citizenship
ceremony.
The ceremony involves new citizens swearing an oath of allegiance to
the Queen,
and the national anthem being played. There is more information on
citizenship ceremonies
on the Home
Office website.
