Make sure Stateside friends know about visa changes

Changes to visa rules mean the route to British citizenship is different

Immigration lawyers often feel the winds of change blowing from overseas as well as at home. The recent Presidential election in the United States is no exception. Our specialist immigration team has seen a wave of enquiries from US citizens looking to explore their options for relocating to Scotland or obtaining a British passport, including those with friends and relatives here.

There are a few things that US citizens looking to visit or relocate to Scotland need to know. The most important advice we can give is on a significant change to the process for US visitors from 8 January 2025 – so if you are expecting American family or friends to visit in the New Year, make sure they know about this change.

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Currently, US citizens do not need a visa or pre-travel authorisation to visit Scotland or the UK for up to six months. However, from 8 January 2025, the Electronic Travel Authorisation (ETA) scheme will be expanded to citizens of more than 40 new countries, including the USA. Travellers must make an online application for an ETA before entering the UK. The ETA costs £10 and is normally valid for two years.

Even without recent changes in the US political landscape Scotland is a big draw for Americans (Picture: Adobe)Even without recent changes in the US political landscape Scotland is a big draw for Americans (Picture: Adobe)
Even without recent changes in the US political landscape Scotland is a big draw for Americans (Picture: Adobe)

This is a good opportunity for visitors from the US to ensure they are familiar with the immigration rules in relation to visitors, particularly if they own property in Scotland. In addition to creating a maximum visit length of six months, the visitor rules prohibit the use of ‘frequent or successive’ visits to establish de facto residence.

This is something of a grey area and often comes down to the discretion of UK Border Force officers. ETAs may enable the Home Office to monitor visits – potentially meaning more frequent visitors are questioned when arriving in Scotland. In a worst-case scenario, visitors could be refused entry, which would prejudice future visa applications.

There is a common myth that there is a ‘180-day rule’ on residence. Many people mistakenly believe that residence of less than 180 days in a year is permitted on the visitor route. This is not true. A US citizen spending this length of time in Scotland may be breaching the visitor rules.

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Another myth relates to switching visa routes. Many US citizens, like other non-visa nationals, hold the mistaken view that they can come to Scotland as visitors and then sort things out when they get here. Whilst this may seem pragmatic, it is one of the biggest reasons for visa refusals, as most visa applications made by visitors fall for automatic refusal.

Scottish ancestry is one route to citizenship, says Jacqueline MooreScottish ancestry is one route to citizenship, says Jacqueline Moore
Scottish ancestry is one route to citizenship, says Jacqueline Moore

We have also seen more enquiries from US citizens with Scottish ancestry about potential entitlement to British citizenship, including via double descent for those born before 1 January 1988. For some, this ancestry is a route to citizenship, particularly those with UK-born grandmothers and UK-born maternal grandfathers.

For those without Scottish ancestry, options include family or work visas. Potential work visa options include a sponsored work visa, a High Potential Individual visa or one of several business visas. The Global Talent visa is another option for leading individuals in academia, digital tech or the arts.

With changes on the horizon at home and abroad, US citizens visiting or relocating to Scotland must act now – whether that means applying for an ETA before travelling or checking they are not falling foul of common immigration myths.

Jacqueline Moore is an Immigration Partner, Thorntons

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