1. Overview of Permanent Residence in the UK
Permanent residence status in the UK allows non-UK citizens the right to live, work, study, and access public funds without immigration restrictions. For most people today, Indefinite Leave to Remain (ILR) or Settled Status under the EU Settlement Scheme has replaced the term “Permanent Residence.”
Permanent residence is an important step toward British citizenship, which many holders pursue after meeting the requirements.
2. Types of Permanent Residence Status
There are several ways to achieve permanent residency in the UK, depending on your circumstances and the visa category under which you have been residing:
- Indefinite Leave to Remain (ILR): The most common pathway for those who have lived in the UK under various visa categories (e.g., work, family, long residence).
- EU Settled Status: For EU, EEA, and Swiss nationals and their families who resided in the UK before Brexit.
- Permanent Residence for EEA Nationals: Pre-Brexit residency status for EEA nationals, which has since been replaced by Settled Status.
Each type of permanent residence status provides similar rights but differs slightly in eligibility and application requirements.
3. Eligibility for Indefinite Leave to Remain (ILR)
To be eligible for ILR, applicants must meet continuous residence requirements for a specified time on a qualifying visa:
- 5-Year Route: For holders of visas like Skilled Worker, Spouse, or Ancestry visas, ILR is available after 5 years of continuous residence.
- 10-Year Long Residence: ILR can be applied for after 10 years of lawful residence in the UK, regardless of visa type.
- Accelerated Routes: Certain visas, such as the Global Talent Visa and Investor Visa, may offer ILR eligibility after 2-3 years.
Applicants must also demonstrate adherence to visa conditions, pass the Life in the UK Test, and, in most cases, meet English language requirements.
4. EU Settled Status for EEA Nationals
Under the EU Settlement Scheme, EEA, EU, and Swiss citizens and their families who lived in the UK before December 31, 2020, could apply for Settled Status (permanent residence). The primary conditions are:
- 5 Years of Continuous Residence: Must have lived in the UK for at least 5 years before applying for Settled Status.
- Pre-Settled Status: Those who arrived before the deadline but have not yet reached 5 years of residency may apply for Pre-Settled Status, which can lead to Settled Status after meeting the 5-year requirement.
The application process for Settled Status is free, straightforward, and can be done via the online EU Settlement Scheme portal.
5. Benefits of Permanent Residence Status in the UK
Permanent residence status provides several key benefits:
- Right to Live and Work: Freedom to live, work, and study in the UK without any immigration restrictions.
- Access to Public Services: Entitlement to NHS healthcare, public funds, and other social services.
- Pathway to Citizenship: Permanent residence holders can typically apply for British citizenship after 12 months if they meet the criteria.
- No Renewal Requirements: ILR or Settled Status is permanent and does not require renewal, unlike visas.
Holding ILR or Settled Status allows residents to integrate fully into UK life, with fewer restrictions than temporary visas.
6. How to Apply for Indefinite Leave to Remain (ILR)
Applying for ILR involves several steps:
- Complete the Application: Submit Form SET(O) (for work and other categories) or Form SET(M) (for partners and families) through the UK government’s online portal.
- Pay the Application Fee: The current ILR fee is £2,404.
- Provide Biometrics: Schedule a biometrics appointment at a UK Visa and Citizenship Application Services (UKVCAS) center.
- Submit Required Documents: These may include proof of residence, payslips, bank statements, and other documents specific to your visa category.
- Life in the UK Test and English Proficiency: Pass the Life in the UK Test and show proof of English language skills unless exempt.
Processing typically takes around 6 months, although a priority service (5-10 working days) is available for an additional fee.
7. Required Documents for ILR Application
The required documents vary depending on the visa type but generally include:
- Passport and all relevant previous passports
- Biometric Residence Permit (BRP)
- Proof of Residence: Utility bills, council tax statements, or tenancy agreements
- Proof of Employment: Payslips, employment contracts, or a letter from the employer (for work visas)
- Marriage or Civil Partnership Certificate (for spouse or partner visas)
- Life in the UK Test pass certificate
- Proof of English Language Proficiency: IELTS certificate, degree taught in English, or other recognized English qualifications
Submitting clear, accurate, and complete documents is essential for avoiding delays.
8. Differences Between ILR and Settled Status
While Indefinite Leave to Remain (ILR) and Settled Status grant similar rights, there are some differences:
- Application Pathway: ILR is for non-EEA nationals, whereas Settled Status applies specifically to EU, EEA, and Swiss citizens.
- Application Process: Settled Status is free and handled through the EU Settlement Scheme, while ILR has a substantial application fee.
- Eligibility Requirements: ILR requires fulfilling specific visa conditions and residence rules, while Settled Status requirements focus primarily on residence length.
Understanding these differences can help determine the most appropriate application route.
9. Maintaining Permanent Residence in the UK
To maintain permanent residence, avoid prolonged absences:
- ILR Holders: ILR holders can be outside the UK for up to 2 years without losing status.
- Settled Status Holders: Settled Status holders can be outside the UK for up to 5 years (or 4 years for Swiss citizens) without losing status.
Exceeding these limits could result in losing your permanent residence status and require re-application.
10. Pathway to British Citizenship After ILR or Settled Status
After holding ILR or Settled Status for 12 months, most individuals are eligible to apply for British citizenship if they meet the criteria:
- Continuous Residence: You must have spent most of the last 12 months in the UK.
- Good Character: Demonstrate good character, including no serious criminal record.
- Absence Limits: No more than 450 days outside the UK in the last 5 years and 90 days in the final year before applying.
British citizenship grants full rights, including voting in national elections and obtaining a UK passport.
11. Frequently Asked Questions (FAQs)
Q1: How long does it take to process an ILR application?
A: Standard processing for ILR applications is around 6 months, with a priority option available for quicker processing.
Q2: Do I lose my ILR if I leave the UK?
A: ILR status is lost if you spend over 2 years outside the UK, while Settled Status allows up to 5 years (4 years for Swiss citizens).
Q3: Can I apply for ILR if I have been on different visas?
A: Yes, as long as you meet the continuous residence requirement (typically 10 years for mixed visas).
Q4: Does my time on a student visa count towards ILR?
A: No, time spent on a student visa doesn’t count toward the 5-year ILR pathway but may count under the 10-year long residence route.
Q5: Do I need to renew ILR?
A: No, ILR is permanent. However, you must not spend more than 2 consecutive years outside the UK to maintain it.
Q6: Can I bring family members to the UK after getting ILR?
A: Yes, you can sponsor eligible family members to join you, but they will need to meet visa and residency requirements.