Immigration

UK Immigration Law 2025 — Visas, ILR & Citizenship Rights Guide

Last reviewed: May 2025 — Information applies to England and Wales

Guide to UK immigration law including visa types, indefinite leave to remain, British citizenship applications, and how to appeal a Home Office decision.

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Guide to UK immigration law including visa types, indefinite leave to remain, British citizenship applications, and how to appeal a Home Office decision.

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Immigration Law in the UK

UK immigration law is primarily governed by the Immigration Act 1971, the Nationality, Immigration and Asylum Act 2002, and the Immigration Rules — a detailed set of administrative rules which set out the requirements for each category of visa and leave. Since the end of the Brexit transition period on 31 December 2020, EU, EEA, and Swiss citizens no longer have the automatic right to live and work in the UK and must apply under the same points-based immigration system as non-EU nationals (with the exception of Irish citizens, who retain their historic Common Travel Area rights).

The UK Points-Based Immigration System

The UK's points-based system (PBS) was introduced for non-EU nationals and extended to EU citizens from January 2021. To work in the UK, most migrants must score enough points across a set of mandatory and tradeable characteristics. The main work routes are:

Skilled Worker Visa

The Skilled Worker visa (replaced Tier 2 General) allows you to work in the UK in an eligible skilled role with an approved employer sponsor. You must have a job offer from a licensed sponsor, the role must meet the relevant skill level (RQF Level 3 or above — roughly A-level equivalent), and you must be paid the higher of the general salary threshold (£38,700 from April 2024, or £30,960 for shortage occupations) or the going rate for the specific occupation code. The visa is granted for up to five years and can be extended. After five years of continuous residence you may apply for Indefinite Leave to Remain (ILR).

Health and Care Worker Visa

A sub-category of the Skilled Worker route with lower fees and an exemption from the Immigration Health Surcharge, available to doctors, nurses, allied health professionals, and adult social care workers employed by the NHS, NHS-funded bodies, or registered adult social care providers.

Graduate Visa

International students who have completed a UK degree at a licensed sponsor institution can apply for a Graduate visa to stay in the UK for two years (three years for PhD graduates) to work or look for work at any skill level. There is no employer sponsorship requirement for this route.

Global Talent Visa

For individuals who are leaders or potential leaders in academia, research, arts, culture, or digital technology. You must be endorsed by an approved endorsing body (such as the British Academy, Tech Nation, or Arts Council England). The visa offers considerable flexibility — there is no job offer requirement and you can be self-employed.

Family Visas

To bring a non-UK family member to live with you in the UK, you must meet a financial requirement (a minimum income of £29,000 from April 2024, rising in stages to £38,700) and satisfy the Immigration Rules for the relevant relationship category (spouse, civil partner, unmarried partner, child, or adult dependent relative). The relationship must be genuine and subsisting, you must intend to live together permanently, and neither of you must be in a subsisting marriage or civil partnership with someone else. Spouse visas are initially granted for 30 months (2.5 years) and can be extended for a further 30 months before ILR eligibility.

Asylum and Refugee Protection

Any person who has arrived in the UK, regardless of how they entered, has the right to claim asylum under the 1951 Refugee Convention and its 1967 Protocol if they have a well-founded fear of persecution in their country of nationality on grounds of race, religion, nationality, membership of a particular social group, or political opinion. Asylum claims are decided by the Home Office. If refused, you have the right to appeal to the First-tier Tribunal (Immigration and Asylum Chamber). The UK also recognises humanitarian protection for those who do not qualify as refugees but face a real risk of serious harm if returned.

Indefinite Leave to Remain (ILR)

Indefinite Leave to Remain (also called "settlement") grants permission to live and work in the UK without any time restrictions. Eligibility depends on your visa route — most work and family routes require five years of continuous lawful residence. You must not have spent more than 180 days outside the UK in any 12-month period during those five years (for most routes), and you must pass the Life in the UK test and meet the English language requirement. ILR can be lost if you spend more than two years continuously outside the UK.

British Citizenship

Most people apply for British citizenship by naturalisation after holding ILR for at least 12 months (or immediately after ILR if you are married to or a civil partner of a British citizen). You must have been physically present in the UK on the date five years before your application, must not have spent more than 450 days outside the UK in those five years (or more than 90 days in the final 12 months), must be of good character, and must pass the Life in the UK test and English language requirement. Some people acquire British citizenship by birth, descent, registration, or by other means under the British Nationality Act 1981.

Appealing Immigration Decisions

If the Home Office refuses your application, you may have the right to appeal to the First-tier Tribunal (Immigration and Asylum Chamber). Appeal rights are not available for all refusals — they depend on the type of application and the ground of refusal. Where a right of appeal exists, you must typically lodge it within 14 days of the decision (if you are in the UK) or 28 days (if outside the UK). You can also seek an administrative review for certain types of decision, or apply for judicial review of unlawful Home Office conduct in the Upper Tribunal (Immigration and Asylum Chamber).

Immigration law is complex and the consequences of errors can be severe. Always seek advice from an OISC-regulated adviser or a solicitor regulated by the Solicitors Regulation Authority. Find a regulated adviser at gov.uk/find-an-immigration-adviser.
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Frequently Asked Questions

Do EU citizens still have the right to live in the UK?+
EU, EEA, and Swiss citizens who were living in the UK before 31 December 2020 could apply to the EU Settlement Scheme (EUSS) for settled or pre-settled status. New arrivals from the EU after that date must apply under the same points-based immigration system as other nationalities. Irish citizens retain the right to live and work in the UK under the Common Travel Area.
How long does it take to get a Skilled Worker visa?+
Standard processing is typically 3 weeks if applying from outside the UK, or 8 weeks inside the UK. Priority processing (extra fee) can reduce this to 5 working days outside the UK. You can apply up to 3 months before your start date.
How much do I need to earn to bring my spouse to the UK?+
From April 2024, the financial requirement for a spouse/partner visa is £29,000 gross annual income (rising in stages to £38,700). Savings can be used to supplement income if they exceed a calculated threshold. The rules are complex — seek regulated immigration advice for your specific circumstances.
Can I claim asylum if I entered the UK illegally?+
Yes. Under the 1951 Refugee Convention, any person physically present in the UK has the right to claim asylum regardless of how they entered. However, the Illegal Migration Act 2023 introduced provisions that may affect the processing of claims made by people who arrived via certain routes — the legal position is complex and specialist advice is strongly recommended.

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