Under the US Visa Waiver Program (VWP), British citizens can stay in the United States for a maximum of 90 days without the need for a business or tourism visa. If you need to stay longer in the UK for another purpose, you may need to apply for and receive a visa before you travel to the US. In this article, we will explain the rules for British citizens travelling to and staying in the UK, how long they can stay in the US, and the activities permitted during this period.
How long can I stay in the US as a British citizen?
As a British citizen, the time you can stay in the US will depend on the type of visa clearance you hold and the purpose of your stay. Under the Visa Waiver Program (VWP), a British citizen can stay in the United States for up to 90 days for tourism and some business activities without any requirement for a visa. If you hold a green card or an immigration visa, you may be able to stay indefinitely.
It is essential to understand how long you can stay in the US because overstaying can result in serious penalties, including refusal to re-enter the country in the future.
What is the US Visa Waiver Program?
The US Visa Waiver Program was implemented by the United States in 1986, allowing nationals of a limited number of trusted (i.e. close ally) countries, including the United Kingdom, to enter and stay for up to 90 days without the need for a visa.
If you intend to travel to the United States for longer than 90 days, you will not be able to use the Visa Waiver Program. Rather, you will need to apply for and receive a relevant visa before you travel to the US (see below for a list of US visas).
If you intend to travel to the United States under the Visa Waiver Program as a British passport holder, you must have an e-passport that is valid for at least 6 months beyond your departure date from the US.
Do I still need to apply for an ESTA if I use the US Visa Waiver Program?
Yes, even if you are eligible for the VWP, you must still apply for an Electronic System for Travel Authorization (ESTA) and be granted approval before you travel. This is because the VWP and ESTA systems are separate. As the Department of Homeland Security states, “All prospective VWP travellers must obtain pre-travel authorization via U.S. Customs and Border Protection’s (CBP) ESTA system prior to boarding a plane or ship bound for the United States”.
What if I want to stay in the US for longer than 90 days?
If you want to stay in the US for longer than 90 days, you will need to apply for a non-immigrant visa. A non-immigrant visa will allow you to stay temporarily in the US for anywhere between 90 days and 10 years, depending on the type of visa. Non-immigrant visas can be further extended once in the US if required.
Some of the most common US visas that will allow a stay of longer than 90 days include:
- B1 Visa: Temporary business visa for those involved in business activities of a commercial or professional in the US, e.g. negotiating a contract, training, or travelling for a scientific, educational, professional or business convention or a conference on specific dates. These visas are granted for up to 6 months initially and can be further extended for another 6 months if eligible.
- K1 Visa: Intended for Fiancés of US nationals and allows holders to get married within 90 days.
- K3 Visa: Intended for Spouses of US nationals and allows the holder to stay for an initial period of 2 years. If necessary, this type of visa can be further extended for 2 years each time.
- H1B Visa: This is for specialty workers and is valid for up to 3 years and extendable for up to 6 years.
- F1 Visa: This is a student visa which will be valid for the period of your studies in the US.
To work in the US, you must have either an employment-based immigrant visa, temporary employment visa, green card (permanent resident card), or work permit (employment authorisation document).
There are many other US visa types other than those listed above. Other visa types include diplomatic visas (A), Exchange visitor visas (J), Foreign military personnel stationed in the United States (A-2 or NATO 1-6), International cultural exchange visitors (Q), Performing athletes, artists, entertainers (P), and religious worker (R).
If you are unsure which visa to apply for and the validity/expandability of your chosen visa, we recommend checking the US Embassy and Consulates in the UK website.
What happens if I overstay in the US?
Staying beyond the expiry date of your permission in the US can have serious consequences. Depending on the situation, you may:
- Have your visa cancelled (revoked)
- Not be permitted to return to the US in the future – you may be barred from the US for a number of years depending on how long you overstayed.
- Not be permitted to vary or extend your visa or
- Be unable to apply for a US immigration visa in the future.
As a British national, it is important to take prompt action if you have overstayed your time in the US, whether you have a visa or are on the Visa Waiver Program.
If you have overstayed your time in the US and are unsure what to do next, please speak to a member of our immigration law team who can assist you. We will review your circumstances your plans for remaining in or returning to the US, and recommend the best course of action. This may include applying for an extension or change of status if you have a valid reason for overstaying (e.g. if you had a medical emergency). Doing so may allow you to keep your legal immigration status in the US.
