Obtaining Uk Permanent Residency: A Comprehensive Guide

The United Kingdom is a popular destination for people from all over the world who wish to settle in the country for an extended period. To do so, one can apply for Permanent Residence status, which usually takes around five years to obtain. This status, also known as Indefinite Leave to Remain (ILR), allows individuals to stay in the UK indefinitely, with similar rights and benefits to British citizens. These include the ability to work, study, and travel freely without immigration restrictions. Additionally, permanent residents can access social security benefits, public services like healthcare, and apply for British citizenship after meeting certain requirements. However, maintaining UK permanent residence status requires not spending more than two consecutive years outside the country, as well as adhering to financial requirements and avoiding criminal offences.

Apply for indefinite leave to remain

Indefinite leave to remain (ILR) in the UK is an immigration status granted to a person who does not hold the right of abode in the country but has been admitted without any time limit on their stay. When indefinite leave is granted to persons outside the UK, it is known as indefinite leave to enter (ILE). ILR is granted under UK domestic legislation and approximates the concept of permanent residency in other countries.

Applying for Indefinite Leave to Remain

If you have ILR or ILE, there is no time limit on your ability to stay in the UK. You are regarded as settled in the UK and are free to work or study. You can also access public funds and welfare, and pay the same rate as British and Irish citizens for study at higher education institutions.

To apply for ILR, you must meet certain eligibility criteria. You can apply for ILR if you have lived in the UK for a specific number of years with a visa issued in one of the following categories:

• Tier 1 or Tier 2 of the points-based system (excluding the Post-study work category of Tier 1 and Tier 2 Intra-company Transfer)
• Representative of an overseas newspaper, news agency, or broadcasting organisation
• Private servant in a diplomatic household
• Domestic worker in a private household
• Overseas government employee
• Minister of religion, missionary, or member of a religious order
• Airport-based operational staff of an overseas-owned airline
• Self-employed lawyer
• Writer, composer, or artist
• Highly skilled migrant under the Highly Skilled Migrant Programme (HSMP)
• Retired person of independent means
• Sole representative of an overseas firm
• Granted humanitarian protection since 30 August 2005, with a current 5-year permission to stay
• Lived in the UK for 5 years under the Gateway Protection Programme
• Lived in the UK for 5 years with temporary permission to remain as the spouse or civil partner of a British citizen or settled person (if you arrived in the UK or applied for permission to stay on or after 9 July 2012)
• Lived in the UK for 6 years with Discretionary Leave
• Lived in the UK for 10 years continuously, with no more than 540 calendar days (or 180 calendar days at one time) outside the country
• Aged under 18 and lived in the UK for 7 years continuously
• Aged between 18 and 25, and lived in the UK for at least half of your life
• Lived in the UK for 20 years continuously

Alternatively, you can apply for ILR if you satisfy the following criteria:

• Given permission to come to the UK for up to 27 months or extend your stay for two years as the spouse or civil partner of a permanent resident
• Still in that relationship when you came to the UK or extended your stay
• Can provide evidence that the relationship has broken down permanently due to domestic violence

You can also apply for ILR if you are:

• A child (including an adopted child) aged under 18 who holds leave to enter or remain with a view to settlement with a settled parent or relative who is resident in the UK
• A parent, grandparent, or other dependent relative aged 18 or over of a settled person who is resident in the UK
• A commonwealth citizen who has served in the British Armed Forces for a minimum of four years

Additional Considerations

• ILR can lapse if the holder stays outside the UK for a continuous period of more than two years.
• If you have 'settled status' under the EU Settlement Scheme, you will not need to apply for a document confirming your status.
• If you do not have a document to prove your ILR or ILE, you can make a no time limit (NTL) application for confirmation of your status in the form of an eVisa.
• If you have permission to stay in the UK longer than your biometric residence permit (BRP), you need to create a UK Visas and Immigration (UKVI) account to get an eVisa.
• If your BRP is lost or stolen, you must report it to the Home Office, and it will be cancelled to protect your identity.

Apply to the EU Settlement Scheme

The EU Settlement Scheme is a way for EU citizens and their family members to continue living in the UK after the UK's exit from the EU. The scheme provides applicants with either settled or pre-settled status.

Settled Status

To be eligible for settled status, you must have lived in the UK, the Channel Islands, or the Isle of Man for a continuous 5-year period, known as 'continuous residence'. This means that for 5 years in a row, you must have been in the UK, the Channel Islands, or the Isle of Man for at least 6 months in any 12-month period.

There are some exceptions to the continuous residence requirement. For example, if you were outside the UK for one period of up to 12 months for an important reason such as childbirth, serious illness, study, or an overseas work posting, you may still be eligible for settled status. Other exceptions include compulsory military service, time spent abroad as a Crown servant or in the armed forces, and working in the UK marine area.

Pre-Settled Status

If you do not meet the requirements for settled status, you may be eligible for pre-settled status. With pre-settled status, you can usually switch to settled status after you have lived in the UK for 5 years in a row.

To maintain your pre-settled status, you must stay in the UK, the Channel Islands, or the Isle of Man for at least 6 months in every 12-month period. If you are outside the UK for more than 6 months in a 12-month period, there are certain exceptions that will not count as a break in your continuous residence, such as those listed above for settled status.

Rights with Settled or Pre-Settled Status

With settled or pre-settled status, you will have the right to:

• Use the NHS for free, if you can at the moment
• Enrol in education or study in the UK
• Access public funds such as benefits and pensions, if you are eligible for them
• Travel in and out of the UK

Additionally, if you have settled status, you will have the right to live in the UK permanently. You can also apply for British citizenship if you are eligible.

Prove right of abode

Having the right of abode in the UK means that you are allowed to live and work in the UK without any immigration restrictions. If you have the right of abode, you do not need a visa or electronic travel authorisation (ETA) to enter the UK, and there is no limit on the length of time you can spend in the country.

All British citizens automatically have the right of abode in the UK. If you are a British citizen, you can prove your right of abode with a UK passport that describes you as such. Otherwise, you will need to apply for a 'certificate of entitlement'. This certificate costs £550 and is valid for 10 years. You will need to apply for a new certificate when your passport expires.

If you are part of the 'Windrush generation', there is a different way to prove your right to live in the UK. You may have the right of abode in the UK either because of your parents or because you are or were married to someone with the right of abode. You have the right of abode if all of the following apply:

• One of your parents was born in the UK and was a citizen of the United Kingdom and colonies when you were born or adopted.
• You were a Commonwealth citizen on 31 December 1982.
• You did not stop being a Commonwealth citizen (even temporarily) at any point after 31 December 1982.

You can only get the right of abode through marriage if you are a female Commonwealth citizen, were married to someone with the right of abode before 1 January 1983, and did not stop being a Commonwealth citizen (even temporarily) at any point after 31 December 1982.

Apply as a stateless person

If you are stateless, you can apply to stay in the UK as a lawful permanent resident. To be considered stateless, you must not be recognised as a citizen of any country and must be unable to live permanently in any other country. You must be in the UK to apply. If you are unable to return to another country due to a fear of persecution, you should claim asylum before applying for permanent residence.

If your asylum application is refused, you can apply to stay as a stateless person. You can stay in the UK for five years if you are given permission to remain, and you can apply for settlement when this permission expires. If you have a partner or children under 18 with you in the UK, they can also apply for permission to stay as stateless persons as long as they meet the same criteria. They will need to make a separate application from you.

To apply, you must complete the application form FLR(S) online, free of charge. You will be relying on the 1954 Convention relating to the status of stateless persons, which provides a common framework for stateless persons and gives them internationally recognised legal status. After submitting your application, you may be required to attend an interview if your application form does not contain enough information or evidence for the Home Office to make a decision.

You will need to provide various documents to support your application, including:

• Testimony of the applicants (written or oral, depending on whether there is an interview)
• Identity documents, such as a birth certificate, national identity card, voters' registration document, or passport/travel documents (including expired ones)
• Documents regarding applications to acquire or obtain proof of nationality
• Certificate of naturalisation or certified Renunciation of Nationality
• Marriage certificate
• Military service record and discharge certificates
• Medical certificates
• Identity and travel documents of parents, spouse, or children
• Immigration documents, such as a residence permit from the country of origin or habitual residence
• Other documents relating to countries of residence, such as employment documents, property deeds, or tenancy agreements

It is important to note that applicants after 6th April 2019 will need to demonstrate that they have made every effort to acquire a nationality or right of admissibility to another country.

Become a British citizen

To become a British citizen, you must first obtain permanent residence status in the UK, also known as Indefinite Leave to Remain (ILR). This status allows you to stay in the UK indefinitely without immigration restrictions and access various benefits such as healthcare and social security. Here are the steps to becoming a British citizen:

Obtain Permanent Residence Status

To obtain permanent residence status in the UK, you must meet certain eligibility criteria and follow the application process. The requirements depend on your specific circumstances, such as your relationship status with a UK citizen and the type of visa you hold. Generally, you must demonstrate that you have legally lived in the UK for a certain period, usually at least five years. The application process includes submitting the correct form, providing biometric information and supporting documents, and paying the associated fees.

Maintain Your Permanent Residence Status

Once you have obtained permanent residence status, it is important to maintain it by not spending more than two consecutive years outside the UK. If you stay outside the country for an extended period, your status may be revoked, and you will need to reapply. Additionally, committing criminal offences that lead to deportation will result in the loss of your permanent residence status.

Fulfill the English Language and Life in the UK Requirements

To become a British citizen, you must fulfill certain language and knowledge requirements. This includes demonstrating a competent level of English by passing a language test and gaining an understanding of British values, traditions, and customs by passing the 'Life in the UK' test. These requirements are essential to show your integration into British society.

Apply for British Citizenship

After holding permanent residence status for at least one year and residing in the UK for a total of five years, you can apply for British citizenship. If your partner is a British citizen, the residency requirement is reduced to three years. Along with the language and knowledge requirements, you must also be free from immigration time restrictions and have completed a period as a permanent resident. The application process involves submitting the necessary forms, providing supporting documentation, and paying the relevant fees.

Complete the Oath of Allegiance

As a final step in becoming a British citizen, you will be required to take an Oath of Allegiance to the United Kingdom. This oath signifies your loyalty and commitment to the country and its values. After taking the oath, you will officially become a British citizen, enjoying all the rights and responsibilities that come with citizenship.

Frequently asked questions