The right to live in the UK is a status granted to individuals who have permission to reside in the United Kingdom. It can be obtained through various pathways, such as citizenship, residency permits, family relationships, or special visa categories. This guide explains who has the right to live in the UK, the different types of residency statuses, and the steps non-citizens can take to gain the right to live in the UK.
1. British Citizenship and Right of Abode
British citizens automatically have the right to live in the UK. This right is known as right of abode and gives citizens full freedom to live, work, study, and access public services.
- Eligibility: British citizenship can be acquired through birth in the UK, descent (if one or both parents are British citizens), registration, or naturalization.
- Right of Abode: This is the unrestricted right to live, work, and study in the UK without immigration restrictions.
British citizens do not need a visa or any additional permits to live in the UK.
2. Indefinite Leave to Remain (ILR)
Indefinite Leave to Remain (ILR) is a form of permanent residency status that allows non-citizens to live and work in the UK without time restrictions. It is often the pathway to British citizenship.
- Eligibility: Typically granted after five years of continuous residence on certain visas, such as the Skilled Worker Visa, Spouse Visa, or Ancestry Visa. Some visas, such as the Innovator Visa, allow ILR after three years.
- Requirements: Applicants must demonstrate continuous residence, pass the Life in the UK Test, and meet English language proficiency standards.
- Benefits: ILR holders can live, work, study, and access public benefits in the UK. They may apply for British citizenship after 12 months.
Holding ILR means you are no longer subject to immigration control, though spending too much time outside the UK can lead to loss of ILR status.
3. EU, EEA, and Swiss Citizens (EU Settlement Scheme)
Citizens from the EU, EEA, and Switzerland who were living in the UK before December 31, 2020, can apply under the EU Settlement Scheme for pre-settled or settled status. This scheme was introduced following Brexit to protect the rights of EU nationals already residing in the UK.
- Settled Status: Equivalent to ILR, granted to those who have lived in the UK for five continuous years.
- Pre-Settled Status: Granted to those who have lived in the UK for less than five years, allowing them to live and work in the UK until they reach the five-year threshold to apply for settled status.
- Application Deadline: The deadline for most applications was June 30, 2021, but late applications are considered for those with valid reasons.
Settled and pre-settled status holders maintain their right to live and work in the UK, with settled status providing the same rights as ILR.
4. Right to Reside for Family Members of UK Citizens
Family members of UK citizens and permanent residents can apply for a Spouse or Partner Visa, Child Visa, or Parent Visa to join their relatives in the UK.
- Spouse/Partner Visa: For spouses, civil partners, or long-term partners of British citizens or ILR holders.
- Parent Visa: For parents of British children or children who hold ILR.
- Child Visa: For children of UK citizens or ILR holders.
Family members can live in the UK on these visas, which may lead to ILR after five years, provided they meet the eligibility requirements.
5. Skilled Worker Visa
The Skilled Worker Visa allows individuals with job offers in the UK to live and work in the country. It’s a points-based visa for skilled professionals in eligible occupations, such as healthcare, IT, engineering, and finance.
- Eligibility: Requires a job offer from a licensed UK employer, meeting the minimum salary threshold and skill level for the role.
- Path to ILR: Skilled Worker Visa holders can apply for ILR after five years, granting permanent residency and the right to live in the UK indefinitely.
The Skilled Worker Visa provides a pathway to permanent residency for skilled professionals and their dependents.
6. Investor and Innovator Visas
The UK offers Investor and Innovator Visas for individuals who wish to invest or start a business in the country. These visas grant residency and the opportunity to settle in the UK.
- Investor Visa: For high-net-worth individuals investing at least £2 million in UK businesses.
- Innovator Visa: For entrepreneurs with a minimum £50,000 investment in an innovative business idea endorsed by an approved UK body.
Both visas offer a pathway to ILR, with the Investor Visa allowing settlement after five years and the Innovator Visa allowing it after three years.
7. Student Visa (Graduate Visa for Post-Study Work)
The Student Visa (formerly Tier 4) allows international students to study in the UK. After completing their studies, graduates may apply for a Graduate Visa, which permits them to live and work in the UK for up to two years (three years for PhD holders).
- Eligibility: Must be accepted into a recognized UK institution with a Confirmation of Acceptance for Studies (CAS).
- Graduate Visa: Provides temporary residence in the UK after completing a degree, allowing graduates to seek employment without a sponsor.
While the Graduate Visa doesn’t lead directly to permanent residency, it enables graduates to gain valuable work experience and potentially switch to a Skilled Worker Visa.
8. UK Ancestry Visa
The UK Ancestry Visa allows Commonwealth citizens with a UK-born grandparent to live and work in the UK.
- Eligibility: Proof of a UK-born grandparent, intent to work in the UK, and sufficient funds for initial support.
- Path to ILR: Ancestry Visa holders can apply for ILR after five years of continuous residence.
This visa is a popular choice for Commonwealth citizens with British ancestry, as it provides an option to settle in the UK.
9. Refugee Status and Humanitarian Protection
The UK grants refugee status and humanitarian protection to individuals fleeing persecution or serious harm in their home countries. Those granted asylum or protection have the right to live in the UK.
- Refugee Status: Initially granted for five years, after which the individual can apply for ILR.
- Humanitarian Protection: Similar to refugee status, allowing the individual to live and work in the UK with the potential for ILR.
These protections provide a pathway for vulnerable individuals to live in the UK safely and seek permanent residency.
10. Frequently Asked Questions (FAQs)
1. How long do I need to live in the UK to apply for permanent residency?
Most routes require five years of continuous residence, though some visas, like the Innovator Visa, offer ILR after three years.
2. Can I live in the UK on a tourist visa?
No, a tourist visa is strictly for short visits. To live in the UK, you must have a qualifying visa or residency status.
3. Do I need a visa to live in the UK if I’m married to a British citizen?
Yes, you need a Spouse or Partner Visa, which allows you to live in the UK and later apply for ILR after five years.
4. Can EU citizens still move to the UK?
EU citizens need a visa to move to the UK post-Brexit. Those who were residents before December 31, 2020, may qualify under the EU Settlement Scheme.
5. Can I apply for British citizenship immediately after obtaining ILR?
No, most individuals must hold ILR for at least one year before applying for citizenship unless they are married to a British citizen.
6. Can I lose my right to live in the UK with ILR?
Yes, prolonged absence (usually over two years) from the UK may lead to a loss of ILR status.