Immigration lawyer answers commonly asked questions about immigration in the UK

Immigration is one of the most hotly contested issues in the UK right now, with the subject dominating political debate, the press, and public conversation.

With that in mind, immigration law experts Reiss Edwards decided to answer some frequently asked questions about immigration policy in the UK. Since immigration law is complex and can often be misunderstood, clear information is essential to help individuals understand the realities of the current system, their rights, and the legal routes available to them.

Who can stay in the UK permanently?

Many people want to know who can remain in the UK permanently. In most cases, permanent residence is granted through Indefinite Leave to Remain (ILR), which allows a person to live and work in the UK without immigration time limits.

Eligibility depends on the immigration route and how long a person has lived in the UK lawfully. Many visa holders can apply for ILR after five years of continuous residence, including those on the Skilled Worker route and several family visa routes. There is also a long-residence route, which allows people who have lived lawfully in the UK for ten continuous years to apply for settlement.

Applicants must usually pass the Life in the UK Test, demonstrate English language ability unless exempt, and meet continuous residence rules, which limit time spent outside the UK. They must also satisfy the Home Office’s suitability requirements.

After obtaining ILR, individuals may later apply for British citizenship if they meet additional residence and character requirements.

How do work visas work in the UK?

The main route for overseas workers is the Skilled Worker visa.

Applicants must have a job offer from a UK employer that holds a Home Office sponsor licence. The employer issues a Certificate of Sponsorship confirming details of the role, and the job must meet the required skill level under the immigration rules. Applicants must also demonstrate the required level of English language ability.

Salary requirements also apply. As of 2025, the general salary threshold for most new Skilled Worker applicants is £41,700 per year or the occupation’s going rate, whichever is higher.

Some applicants may qualify for lower thresholds. This can apply to new entrants to the labour market, individuals with relevant PhD qualifications, or roles listed on the Immigration Salary List, which identifies occupations experiencing labour shortages.

The UK operates a points-based immigration system, in which applicants score points for factors such as sponsorship, skill level, salary, and English language ability.

Other work routes include the Health and Care Worker visa, the Global Talent visa, and several temporary worker categories.

How do family visas work?

Family visas allow people to join close relatives who are British citizens or settled residents in the UK.

The most common route is the partner visa, which allows spouses or long-term partners to live together in the UK. Applicants must show that the relationship is genuine and ongoing and that the couple intends to live together permanently. Most adult applicants must also meet an English language requirement.

The sponsoring partner must normally meet a minimum income threshold of £29,000 per year, although savings and other permitted financial sources can sometimes be used to meet the requirement.

Family visas are usually granted for two and a half years at a time. After five years on the partner route, many applicants become eligible to apply for Indefinite Leave to Remain if they continue to meet the requirements.

Children can also apply to join parents who are settled in the UK, and children born in the UK may qualify for British citizenship in certain circumstances.

Can asylum seekers work in the UK?

People seeking asylum in the UK generally do not have the right to work while their claim is being considered.

However, permission to work may be granted if an asylum application has been outstanding for more than twelve months and the delay was not caused by the applicant.

If permission is granted, employment is restricted to roles on the Immigration Salary List, which includes a limited number of occupations experiencing labour shortages.

If an asylum claim is successful, the person is granted refugee status or humanitarian protection, which allows them to live, work, and study in the UK and access public services.

How long does it take to get a UK visa?

Processing times vary depending on the visa category and where the application is made.

Many overseas applications for work and student visas are typically decided within around three weeks, although processing times can change depending on demand. Family visa applications often take longer because they require detailed supporting evidence.

Applications made from within the UK, such as visa extensions or settlement applications, can also take longer depending on the complexity of the case.

Priority services may be available for an additional fee in some visa categories. Delays can occur if further information is required or if background checks take longer than expected.

What are the financial requirements for UK visas?

Financial requirements vary depending on the visa route.

For work visas, applicants must generally meet the salary threshold of £41,700 per year or the occupation’s going rate, whichever is higher, although lower thresholds apply in some cases.

For family visas, the sponsoring partner must normally earn at least £29,000 per year, although savings or other qualifying financial sources may be used in certain situations.

Students must demonstrate that they can pay their tuition fees and support themselves during their studies. Maintenance requirements differ depending on whether the course is located in London or elsewhere in the UK.

Can international students stay in the UK after graduation?

International students often ask whether they can remain in the UK after completing their studies.

The Graduate visa route allows eligible students to stay in the UK for two years after completing a bachelor’s or master’s degree, or three years after completing a PhD.

This visa does not require employer sponsorship, and graduates can work in most types of employment during this period. However, the route does not directly lead to settlement.

Graduates who wish to remain in the UK long term often switch into another visa category, such as the Skilled Worker route.

What is the difference between ILR and British citizenship?

Indefinite Leave to Remain and British citizenship are distinct legal statuses.

ILR allows a person to live and work in the UK permanently without immigration time limits, but the individual remains a citizen of their original country.

British citizenship provides additional rights, including the right to vote in UK general elections and the ability to apply for a British passport.

In most cases, individuals must hold ILR for at least twelve months before applying for citizenship unless they are married to a British citizen.

ILR can be lost if a person leaves the UK for more than two consecutive years, whereas British citizenship does not normally lapse in this way.

What happens if a visa application is refused?

A visa refusal does not necessarily end the immigration process.

Depending on the circumstances, an applicant may have the right to appeal, particularly in asylum or human rights cases. In other situations, applicants may request an administrative review if they believe the Home Office made an error in assessing the application.

Some applicants may also submit a new application with additional evidence to address the issues that led to the refusal. Strict deadlines apply to appeals and reviews, so prompt advice is important.

Amar Ali, managing director of Reiss Edwards, commented,

“UK immigration law is complex and regularly updated in response to economic conditions, labour market needs, and political priorities.

“The questions people search for online often reflect concerns about work opportunities, family life, education, and long-term security. Providing clear and accurate explanations of the rules helps individuals make informed decisions and contributes to a more informed public discussion about immigration in the UK. If you need personalised support with an immigration case, seeking advice from a qualified immigration lawyer is often the best step.”