UK VISA Options for US Citizens

There is little doubt that many US Citizens have a great affinity with all things Scottish. Be it whisky, golf courses, Outlander, castles, Loch Ness or Rabbie Burns, to name just a few of the things which stir the desire to visit this captivating country, we’re a point of interest to our American cousins. If you have a visa, you can visit some of the original castles, churches, towns and landscapes where Outlander was filmed. For example, there is Blackness Castle, outside Edinburgh where Jamie was incarcerated. This is just one reason why UK visa options for US citizens is one of our most requested services.

It’s not uncommon to find many US citizens with Scottish heritage - the number of Americans of Scottish descent is estimated to be 20 to 25 million (up to 8.3% of the total U.S. population). Nor is it uncommon for those with Scottish heritage or Scottish roots, or simply a love of our country, to look to find out how they can relocate to Scotland for residency, work, or to study.

Interestingly, they are increasingly looking to purchase rural estates and castles. In September 2023 Bloomberg reported that Americans are on a shopping spree for properties in Scotland, with estate agents, Savills, reporting that sales to American buyers have risen since pre-Covid times to now stand at 4% of transactions on the market with the surge seen acutely for the higher end properties, castles, and stately homes.

Here, we break down the UK visa options for US citizens that are available and the requirements for each one.

Choosing a course of study in the UK is often one of many attractive UK visa options for US citizens; allowing you to embrace the lifestyle of the UK, as well as pursuing a course of your choice.

Entry to undergraduate courses is often very competitive and care should be taken to ensure that you can meet the requirements (and evidence) stipulated. Postgraduate, Masters and PhD programmes are incredibly popular but expensive to pursue, and care must be taken when considering the cost of pursuing studies in the UK to ensure that the financial requirements can continue to be met throughout the duration of the course, as well as paying the actual course fees. You will be able to work part-time in the UK whilst studying, although the extent of working hours will depend on the course being pursued. Your spouse or partner may also be able to join you in the UK, but this only applies to postgraduate level and above.

Completion of studies

More UK visa options for US citizens are open to those who have completed a degree course at a UK university. In this instance, you can apply under the Graduate route and obtain a two-year visa which allows you to work in the UK without needing to be sponsored. Those graduating with a PhD will be granted three years. However, it must be highlighted that time spent in the UK under the Graduate route does not count towards the required five years of qualifying residence for indefinite leave to remain (permanent residence).

Those graduating from UK universities can extend their status if they can obtain sponsorship from a UK employer under the Skilled Worker route, provided that there is a genuine need for the role and the specified salary levels are maintained. These are good UK visa options for US citizens who are looking to extend their time in the UK after university.

Graduation from a top US university

A High Potential Individual (HPI) visa is one of the UK visa options for US citizens that gives you permission to stay in the UK for at least two years. To apply, you must have been awarded a qualification by an eligible university in the last five years. An HPI visa usually lasts for two years. If you have a PhD or other doctoral qualification, it will last for three years. You cannot extend your HPI visa, however, you may be able to switch to a different visa. UK visa options for US citizens include, for example, a Skilled Worker visa. Your partner and children can also apply to join you or stay in the UK as your ‘dependants’ if they are eligible.

If your partner or child’s application is successful, their visa will usually end on the same date as yours. If a child’s parents have visas with different expiry dates, the child’s visa will end on the earlier date.

UK visa options for US citizens who would like to work in the UK will need to include a work visa, which should be secured before you travel here.

Skilled Worker visa for US citizens

The Skilled Worker route is by far the most commonly used UK visa options for US citizens who intend to work in the UK. To be eligible, you must have a job offer from a sponsored licence holder and one which is on the eligible list of jobs. Most manual and administrative jobs are not capable of sponsorship in the UK. You must be paid according to the minimum salary requirements in the UK, which is generally levied at £38,700, or the going rate for the chosen standard occupation code - although there can be exceptions due to age and type of role in question.

The Skilled Worker visa will typically be granted for a period of up to five years, at which time you can obtain indefinite leave to remain (permanent residency). You can be accompanied by your spouse/partner and children for the duration of the visa term.

THE UK EXPANSION VISA is part of the new Global Business Mobility Route offered by the UK for those employed overseas whose employers wish to establish a British footprint. The US company is required to have been trading for a period of three years and create a UK entity (but not yet commenced trading) to enable it to apply for a sponsor licence. US applicants will normally have worked for the US company for at least 12 months and hold a skilled position with an annual salary of at least £48,500.

UK visa options for US citizens in this instance can be obtained for an initial period of one year and extended for a maximum of one further year. Spouses/partners and children under 18 can apply as dependants and are eligible to work. UK Expansion Worker visas do not lead to indefinite leave to remain (permanent residency) but it is possible to switch to another category that does, such as Skilled Worker.

THE SENIOR OR SPECIALIST WORKER allows a US National to come to the UK to work in an eligible job at the UK Branch of their US employer. It replaced the Intra Company Transfer Visa route.

It is specifically for senior managers or specialist employees (and their partner and children under 18) being assigned temporarily to a UK business linked to their overseas employer. There is a 12-month minimum period of current employment with the US employer unless applying as a high earner. The minimum salary level in most cases is £48,500 per year. The visa will be granted for a maximum of up to five or nine years if a higher earner.

THE GRADUATE TRAINEE VISA - This is the best of the UK visa options for US citizens who want to work (and their partner and children under 18). They can be assigned temporarily to a UK business linked to their US employer, as part of their graduate training course, which leads to a senior management or specialist position. There is a minimum period of three months in current employment with the linked overseas employer, and the sponsored role appears on one of the approved lists and is a genuine vacancy and position.

For these UK visa options for US citizens, the job must be skilled at least RQF Level 6 (graduate equivalent) and the salary paid will be at a minimum level of £25,410 per year and 70% of the pro-rated going rate for the occupation, whichever is higher. The visa is granted for a maximum period of 12 months with no option to extend. You can leave the UK and apply for a new visa but you will only be allowed to stay for a maximum period of five years within any six-year period.

THE SECONDMENT WORKER VISA - You can apply for this UK visa option for US citizens if your overseas employer is transferring you to the UK to do an eligible job for a different organisation. Your overseas employer must have a high-value contract with the UK organisation.

To be eligible for a Secondment Worker visa, you must be an existing employee of an overseas organisation that has a high-value contract with your UK sponsor that has been approved by the Home Office and has worked for your overseas employer for at least 12 months outside the UK. The job must also be on the list of eligible occupations. You can stay in the UK with a Secondment Worker visa for 12 months and extend your UK visa options for US citizens for a maximum period of another 12 months.

US ENTREPRENEURS - For those entrepreneurs who wish to set up a business on their own account, the Innovator Founder visa is one of many UK visa options for US citizens available for those who wish to set up an innovative, viable and scalable business in the UK. You must be able to show that your business idea is new - you cannot join a business that is already trading. You must also show your business is innovative (you must have an original business idea which is different from anything else on the market), that it is viable with potential for growth and scalable, and you must give evidence of planning that includes creating jobs and growth into national and international markets.

Applicants must be endorsed by one of the authorised UK endorsing bodies approved by the Home Office. It is possible for those on an Innovator Founder visa to obtain indefinite leave to remain (permanent residence) after three years if certain criteria (job creation, intellectual property registration or significant turnover etc.) are met.

GLOBAL TALENT VISA - You can apply for a Global Talent visa to work in the UK. This is the best of the UK visa options for US citizens if you are a leader or potential leader in either academia or research, arts and culture, or digital technology. You can usually only apply for a Global Talent visa if you have successfully applied for an endorsement to prove that you are a leader or potential leader.

You can apply for the visa without an endorsement if you have won an eligible award. Find out which awards are eligible.

If you are one of the many Scottish Americans dreaming of owning their own Scottish castle, then the Rural and Estate services at Burness Paull may be able to help deliver that dream.

Whether you dream of owning your own piece of Scotland, or you have rural and agricultural business aspirations or existing interests, our Rural team is ideally placed to assist you.

The process of buying and selling land and property differs in Scotland and England, from the way contracts are concluded to the different property tax regimes. Our team is here to help guide you through; we’ll be with you every step of the way.

Our Rural team support clients of all types and sizes, from large corporate landowners to family-owned estates and owner-managed businesses, across the full spectrum of this dynamic sector.

We advise clients on:

• Purchase and sale of land, farms, estates, rural properties and rural businesses of all types and sizes across Scotland;
• All aspects of land use and estate management including agricultural and residential leasing, grants and entitlements, sporting rights, minerals, aggregate extraction, servitudes and wayleaves and disposals;
• Diversification of land use and development, whether it’s helping to secure valuable planning permission for development to diversification to renewable energy generation or commercial forestry;
• Agricultural holdings and crofting;
• Business structuring and succession for rural businesses;
• Partnership and trust conveyancing, and
• Everything in between!