UK Immigration Legal Advice for US Citizens

There are several potential routes for a US citizen to become a UK resident, including Skilled Worker, UK student or graduate visas, and family visa options such as spouse visas or citizenship through British ancestry. The route you take will determine how long it may take to obtain permanent residency. Our Immigration team has extensive experience advising American clients on their options for moving to the UK from the US.

Yes, US citizens need a visa or other immigration permission to live in the UK. While US citizens can come to Scotland for a visitor for up to six months as a time, you should not use this route to build up de facto residence by making frequent and successive visits. 

US citizens can visit the UK for up to six months at a time on a UK tourist or visitor visa, but should not build up de facto residence by making frequent and successive visits. US citizens must obtain an Electronic Travel Authorisation (ETA) before travelling to the UK. You can apply through the UK ETA app or online. Applications typically take up to three working days, the ETA costs £16, and it is valid for two years or until your passport expires (whichever is sooner). You can read more about the new Electronic Travel Authorisation (ETA) process here.

Your path to permanent residency will depend on your visa route. For example, if you are married to a British citizen, a partner visa currently provides a three-stage path to permanent residence and British citizenship after five years. Settlement rules can change at short notice, so we recommend getting in touch to discuss your circumstances.

US citizens aged 18 or over can apply for an Unmarried Partner visa if their partner is a British citizen or has settled status in the UK, provided they meet the definition of a “partner” and can demonstrate that the relationship is “genuine and subsisting”. To meet this test, the couple must show that their relationship has been akin to marriage for at least two years. This is typically evidenced through living together and sharing financial responsibilities, including having bills in joint names. 

You can apply to bring your American spouse and children to the UK as your dependants if you are a British citizen, settled in the UK, or hold an eligible visa (such as a Skilled worker visa). Their ability to join you will depend on meeting the relevant requirements for the specific route, including financial, relationship and, in some cases, English language criteria.

British ancestry can sometimes offer a route to British citizenship by descent, depending on when and where you were born and whether your parent or grandparent could pass on their citizenship. You may be able to register as a British citizen through a British-born mother or father, or—in some cases—through a UK-born grandparent (“double descent”). Eligibility depends on which grandparent was born in the UK and your date of birth. However, if you were born on or after 1 January 1988, you cannot benefit from a UK-born grandparent for citizenship purposes. If you hold citizenship of a Commonwealth country, you may instead qualify for a UK Ancestry visa. British nationality law generally doesn’t allow citizenship to be passed through ancestors beyond a grandparent, so great grandparents and earlier generations will be considered too distant to provide a path to citizenship.

It’s possible to move to the UK from the US without having a job in place, but only under certain visa categories. If you do not have a job secured before moving from the US to the UK, you will generally still need to demonstrate that you can adequately maintain and accommodate yourself in the UK without recourse to public funds.

Dual citizenship is permitted by both the UK and USA, meaning you can be a citizen of both nations without needing renounce your citizenship in the other. If you are a dual UK/US citizen, you should travel to the UK using your British passport once issued.

British nationality law generally doesn’t allow citizenship to be passed through ancestors beyond a grandparent, so great grandparents and earlier generations will be considered too distant to provide a path to British citizenship by descent.

Previously, US citizens were treated as ‘non-visa nationals’, allowing them to enter the UK as visitors without applying for a visa. However, an Electronic Travel Authorisation (ETA) is now required to travel to the UK.

An Electronic Travel Authorisation (ETA) costs £16 and allows US citizens to visit the UK for tourism or to see family for stays of up to six months. The ETA is valid for multiple trips during its two-year validity period (or until the passport expires). UK visa application fees for US citizens applying from the USA vary depending on the type of visa and are reviewed regularly. For example, the current fee for a partner visa to join your spouse in the UK is £1,938.

Americans living in the UK need to be “ordinarily resident” in the UK to receive free NHS healthcare. You must either have British citizenship or settled status to receive free healthcare. Americans who are applying for UK visas of more than 6 months must pay an Immigration Health Surcharge (IHS) of £1,035 per year. Students and dependants pay a reduced rate of £776 per year. 

 

After identifying the visa category that best fits your circumstances, you will need to gather the required supporting evidence. Thorntons can assist with obtaining any UK-issued documents you may be missing, such as birth or marriage certificates, from the relevant registry. Most applications are completed through an online form, where you will be asked detailed questions about your personal background, travel history and immigration history. Application fees and the Immigration Health Surcharge (IHS) are paid at this stage. You will then attend a biometrics appointment to provide your fingerprints and photographs. In most cases, supporting documents are uploaded digitally. We offer a full representation service for most applications. This includes completing and submitting your online application, preparing a tailored list of supporting evidence, assisting with obtaining documents where needed, drafting detailed legal submissions, booking your biometrics appointment, uploading your supporting evidence, acting as your appointed representative, and managing all correspondence with the Home Office on your behalf. Once everything is submitted, you simply wait for the Home Office to make a decision.

The Home Office’s standard processing times for UK visa applications varies. In some cases, applicants can pay to use a Priority (5-day) or Super Priority (next-day) service. However, these faster services are not always available and, even when used, the Home Office does not guarantee a decision within the advertised timeframe, as processing depends on internal capacity and the complexity of the case. For family visas, for example, the standard processing time for applications from outside the is 12 weeks. Family visas using the priority service are currently being processed in 30 working days in most cases.

US citizens must provide a valid passport, proof of identity, and evidence showing they meet the requirements of the specific visa route they are applying under. Typically, this includes relationship evidence, financial and accommodation documents, details of travel history, and any required declarations (for example, confirming the source of cash savings). If you are applying to register as a British citizen based on ancestry, you will need to provide documents that clearly demonstrate your line of descent from your British ancestor.