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Immigration law in the UK
Immigration law is made by the UK government and applies to the whole of the United Kingdom (UK). Scotland has its own government, which has many powers. However, the Scottish Government has no control over the UK immigration system. The immigration laws and rules that the UK government makes also apply to Scotland.
The United Kingdom is Great Britain and Northern Ireland. Great Britain is Scotland, England and Wales.
You usually need a visa to come to Scotland to:
- Work
- Study
- Join family
The type of visa you need depends on your situation.
You can check if you need a visa (gov.uk)
The Home Office is the UK government department responsible for immigration and passport services. UK Visas and Immigration (UKVI) is a separate organisation that supports the Home Office. They make decisions about who has the right to visit or stay in the UK.
Skilled Worker visa
A Skilled Worker visa lets you live and work in Scotland for a set period of time. To apply for it, you need a job offer that’s on the list of eligible jobs. It also needs to be from an approved employer.
Check if:
- Your job offer is on the eligible jobs list for a Skilled Worker visa (gov.uk)
- Your employer is on the approved employer list (gov.uk)
If an approved employer has offered you a job, they’ll check you meet the visa rules. They’ll give you a certificate of sponsorship to prove this.
Find out more about Skilled Worker visas (gov.uk)
Health and Care Worker visa
A Health and Care Worker visa lets medical professionals work with the National Health Service (NHS) or an NHS supplier.
You can apply for a Health and Care Worker visa if you:
- Are a qualified doctor, nurse or other health professional
- Have a job offer with an approved UK health and care sector employer
Check if:
- Your job offer is on the eligible list for a Care Worker visa (gov.uk)
- Your employer is on the approved employer list. You can find the list in the Care Worker visa guidance (gov.uk)
If an approved employer has offered you a job, they’ll check you meet the visa rules. They’ll give you a certificate of sponsorship to prove this.
Find out if you can apply for a Health and Care Worker visa (gov.uk)
Learn more about working for the NHS in Scotland (careers.nhs.scot)
If you have a problem with your job, you can get help.
Student visa
Student visas are for those who want to study in Scotland.
You can apply for a student visa if you have been offered a place on a course by a college or university that’s on the list of licensed student sponsors (gov.uk)
Find out more about applying for a Student visa (gov.uk)
For more information about being an international student in the UK, visit the UK Council for International Student Affairs (ukcisa.org.uk)
Funding for your course
Before studying in Scotland, you need to have funding for your course. As an international student, you probably can’t get funding from Scotland. If you can’t pay for your course, there may be other support.
Find more advice for international students (studentinformation.gov.scot)
Graduate visa
A Graduate visa lets you stay in Scotland for at least two years after completing a course in the UK.
To be eligible for a Graduate visa, you need to have successfully completed the course you took with your current Student visa.
Whether you can apply will also depend on:
- The education provider for your course, for example your university or college
- The kind of course you took
- How long you have studied in the UK. For example, you need to have studied here for at least 12 months if your course length is more than 12 months; or the total length of your course if it lasts for less than 12 months.
You don’t need a job offer to apply for this visa. If you get a job, you can change jobs while on this visa.
Check if you can apply for a Graduate visa (gov.uk)
Find more information about Graduate visas (ukcisa.org.uk)
Family visa
You can apply for a Family visa to live with a family member in Scotland.
You cannot get this visa if your family member is on a work or student visa. You can apply to stay with them as dependants instead.
Learn more about Family visas (gov.uk)
Visitor visa
A Visitor visa allows you to stay in Scotland for up to six months. If you have this visa, there are certain things you can and can’t do.
Learn more about Visitor visas (gov.uk)
Electronic Travel Authorisation (ETA)
An ETA is a digital permission to travel that is linked to your passport.
If you don't need a visa, you might need to get an electronic travel authorisation (ETA) before you travel to Scotland.
You can check if you need an ETA (gov.uk)
Dependants
Your partner or children can apply to stay in Scotland as your dependants. They need to meet certain conditions. Each person needs a separate application.
You can apply for your child if you have parental responsibility for them. You can apply for your partner if you have their permission.
The rules are different depending on what visa you have.
To check if your partner or children can apply, see the:
Visas when you separate or divorce
If you’re in Scotland as a dependant on your partner’s visa and you separate or divorce, you’ll have to change your visa. Check our advice on extending or switching your visa.
Other visa types
There are also other visa types available depending on your situation.
Find more information on:
Travelling with pets
Dogs, cats, and other small pets can travel into Scotland without going through quarantine, if they meet certain conditions. Check the pet travel guidance (gov.scot)
You should also check your airline’s rules for travelling with pets.
eVisas
Most physical immigration documents are being replaced by eVisas.
This includes:
- Biometric residence permits (BRPs)
- Biometric residence cards (BRCs)
- Stamps in passports
- 'Vignette' stickers in passports
Getting an eVisa is free. It won’t change your permission to live in the UK.
When you apply for a visa, the Home Office will ask you to create a UK Visas and Immigration (UKVI) account. This is where you will access your eVisa.
If you already have a visa, you might need to update your immigration document to an eVisa.
You’ll need to create a UKVI account before the end of 2024.
Find more information on getting an eVisa (citizensadvice.org.uk)
The content on this page is provided by Citizens Advice Scotland.
Header image photo credit: Scottish Enterprise