Permanent Residence UK
What is Permanent Residence in the UK?
Permanent Residence UK is also referred to as "indefinite leave to remain" or "settled status". It enables an individual to live and work in the UK without the need to renew their immigration status.
Permanent residency is acquired through holding visas under the UK Immigration Rules,* typically for 5 years.
The Immigration Rules set out the requirements for entry and stay in the UK, including how to apply for indefinite leave to remain or settled status.
The law changes frequently and therefore it is important to keep abreast of developments so that your route to permanent residence.is secure.
Holding permanent residence in the UK is a pre-requisite when applying for British citizenship.
Definitions
- In the UK Permanent Residence ("PR") was a form of legal status issued to European nationals and their dependants prior to Brexit.**
- Permanent residency was replaced by the EU Settled Status Scheme. EEA nationals can apply for UK PR so long as they can show they have lived in the UK for a 'continuous' period of 5 years having first entered the UK before 31 December 2020.
- Indefinite leave to remain ("ILR") has its origins in UK domestic immigration legislation, specifically, the Immigration Act 1971. Indefinite leave is usually granted to individuals after they have been in the UK on a qualifying visa route for a specified number of years.
Table of qualifying immigration routes leading to ILR
|
Type of visa |
Years to qualify for ILR |
|
5 years |
|
|
5 years |
|
|
5 years but 3 years accelerated route possible for some types |
|
|
10 years |
|
|
10 years |
EU nationals coming to the UK post-Brexit need to fall within UK domestic immigration routes in order to become eligible to apply for UK PR.
For the purpose of this article we will refer to all three UK PR terms, given they are synonymous.
Choose RLegal Solicitors for your permanent residence application
Contact us to discuss whether you can make a permanent residence application in the UK through Permanent Residence (PR), the EUSS scheme for Settled Status or if you qualify for ILR through UK immigration laws.
Our experienced team of lawyers, with decades of experience, can apply for residency on your behalf. The verified reviews on us stretch back more than 10 years.
Benefits of holding PR
Those holding UK PR can:
- work without restriction which includes both employment and self-employment
- study
- travel to and from the UK visa free
- access the NHS
- sponsor family members
- apply for British nationality subjecting to meeting the relevant criteria.
Obtaining UK PR status or ILR is usually an aim for those overseas nationals who want to live freely in the UK.
The route to becoming a permanent resident:
- initial application to enter or stay in the UK
- 1 or more extension applications
- apply for UK PR.
The number of applications depends on what immigration route you are on.
Furthermore, the permanent resident UK laws are subject to change - Brexit is an example of how dramatic this change can be.
It is important to be aware of any changes which may seem inconsequential, but which could impact no your entitlement to permanent residence.
Planning ahead for PR
Like planning for any journey, if you are intending to apply for UK permanent residence in the future you should research your destination thoroughly at the outset and, if necessary, take advice en route. For example:
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- Have the immigration rules changed?
- When will you qualify?
- What are the residence requirements for PR?
- What documents will be required?
- Check what the legal requirements are how many days can you spend outside the UK, etc.
Being proactive at the outset will avoid doubt and issues arising down the line.
We have overseen the immigration journey to UK permanent residence for many of our clients whom we have worked with from start to finish. This helped clients to identify and iron out any potential issues along the way so the UK PR process became seamless and avoided pitfalls.
Getting your PR application wrong can lead to stress, expense, and an uncertain future.
Having to endure an immigration appeal can have a negative impact the life of the applicant and dependants.
What can seem trivial may lead to negative consequences, hence risk management and planning ahead should be a priority.
Our team of dedicated lawyers are available to help you plan your UK PR application. Contact us for expert legal assistance.
Permanent residence UK for Family Members
UK PR status (ILR) can be obtained for family members through the following routes:
| Category | Years to qualify for PR |
| Partner / Spouse / Unmarried partner / Civil Partner | 5 or 10 years depending on the circumstances |
| Children | 5 years |
| Parent of a child | 5 or 10 years depending on the circumstances |
| Adult or other dependent relatives | 5 years |
| PBS Dependants | 5 years (less in some categories) |
| Victim of domestic violence | No qualifying period |
| Private life / leave outside the rules | 10 years |
Permanent residence for partners
"Partners" includes the following:
-
- Fiance/proposed Civil Partners who subsequently marry or undergo a Civil Partnership
- Spouses
- Civil Partners
- Unmarried partners.
An individual on the partner route will become eligible for ILR or UK PR if they meet the following requirements:
-
- complete 5 years on the partner route;
- can demonstrate the relationship is genuine;
- comply with the financial requirements; and
- meet the knowledge of Life in the UK requirement.
Further information and how to apply for permanent residency or ILR can be found on our partner route page.
Children and permanent residence
Children can normally make a permanent residency application once they have completed a period of 5 years stay in the UK and continue to live with their sponsor.
UK Residency for Workers
For those in employment routes, the timeline to apply for permanent residency or ILR is normally 5 years but can be quicker if specific criteria are met, please visit the appropriate page on our website or contact us for further information:
|
Type of visa |
Years to qualify for ILR |
| Skilled Workers | 5 years |
| Businessman | 5 years with 3 year accelerated route |
| Innovator Founder and | 5 years with 3 year accelerated route |
PBS Dependants acquiring permanent residency
PBS Dependants are granted permission to stay in line with their lead applicant, for example, a skilled worker or Innovator Founder. If the family travelled to the UK at the same time, they will typically qualify for settlement at the same time.
Where a PBS Dependant family member travelled later, they may not qualify at the same time as the lead applicant as they may not have completed 5 years in this category. They may need to make an extension application to make up the shortfall to 5 years.
Long Residence PR
Individuals who have lived in the UK for for a continuous period of 10 years can apply for permanent residency through the Long Residence route.
Most visa types can be amalgamated towards the 10 years requirement, most notably with the exception of visit visas.
Applicants must comply with the specific criteria of the route, including absences within a given limit, and meeting the knowledge of life in the UK requirement.
The immigration rules for those intending to apply for UK permanent residence based on long residence changed in April 2024. Applicants must be careful to ensure that they meet the permitted absence criteria.
If you are thinking to apply for residency and have issues with your absences please contact us.
PR via the Private Life route/leave outside the rules
For those who are granted permission through the Private Life route based on their relationship or other circumstances have to renew their visa every 30 months, and can apply for PR / ILR on completion of 120 months or 10 years in the UK.
Applicants must show Knowledge of Life and Language and that they are still entitled to remain in the UK based on their individual circumstances, this may be linked to how they were granted their initial leave to remain on this route.
Apply for Permanent Residence UK
The exact procedure to follow will depend on the type of visa or immigration status that you hold.
EEA nationals and their family members
EEA nationals should apply for PR through the EUSS scheme once eligible.
For EEA nationals and their dependants, the permanent residency application is made through an online process for which there is no application fee. The Home Office will use information from other government departments and further documentation can be supplied to support the PR application.
Applications submitted through the EUSS scheme cannot be fast tracked, but an individual can normally continue to work and live in the UK and travel whilst the application is in progress.
Other nationalities
For others, a permanent residence application must comply with the relevant criteria in the UK immigration rules for the route they are on.
The following basic procedure is common to most categories:
-
- completion of an online form
- payment of the relevant application fee of £3,029
- submission of supporting documents which are route specific
- evidence of meeting the knowledge of life in the UK requirement (in most cases for individuals aged between 18 and 64)
- attend a biometric appointment through TLS - the Home Office's partner for biometric testing in the UK.
When applying for PR or ILR through the online process there are normally options available to have the application expedited on payment of an additional fee:
| Processing Option | Service standard | Fee |
| Standard | 24 weeks | £3,029 |
| Priority | 5 working days | £3,529 |
| Super priority | 24-72 hours | £4,029 |
It should be noted that these fees are payable by all applicants and dependants.
In addition TLS normally provides an option to pay for a priority biometric appointment allowing applicants to avoid the 2-4 week wait for a free appointment. This is of significance for those who want to become a permanent UK resident or obtain ILR as quickly as possible and time is of the essence.
Applicants should note that processing of the UK permanent residence application will only begin once the individual has attended the biometric appointment.
Although the type of documents are route specific they tend to include:
-
- passports
- biometric cards
- Life in the UK test
- English language evidence
- official documents such as birth, marriage and divorce certificates
- documents to show residence in the UK, including council tax and bank statements
- accommodation documents
It is important to check the requirements of your specific immigration visa category for the type of documents required. The Home Office provide a checklist but this should only be referred to as a guide as not all documents required to support the application are listed on it.
Restrictions of Permanent Residence UK
For those who intend to just retain UK permanent residence or ILR status, they should note the drawbacks.
Although individuals are free to travel in out of the country visa free, they are not citizens of the UK and do not benefit from the perks of having British nationality such as:
-
- having recourse to consular services when overseas
- they are unable to vote in UK elections
EU nationals can lose their UK residency or settled status if they remain outside the UK for more than 5 years or commit a crime (in given circumstances).
For those granted indefinite leave to remain through the immigration rules, they can lose their status if they remain outside the UK for 2 years and no longer have connections here or obtain a criminal conviction with a custodial sentence of 12 months.
Permanent Residence and British Citizenship
To become eligible to apply for British citizenship an individual must have held permanent residence through either settled status or indefinite leave to remain for at least 12 months (unless married to, or in a civil partnership with, a British citizen).
The other criteria include:
-
- proving UK residence for 3* years or 5 years prior to the date of application
- meeting UK residence requirements by showing absences of no more than 270* or 450 days within the relevant 3 or 5 year qualifying period
- within the 12 months preceding the application they have not been absent for more than 90 days
- can demonstrate knowledge of language and life, i.e. have passed the Life in the UK Test and have appropriate evidence of competence in the English language.
*for those who are married or in a Civil Partnership with British citizen.
Citizenship incorporates the benefits of having UK PR but cannot be as easily lost, it can be thought of as having a first class ticket or the gold standard status.
However, for some, becoming a British citizen can lead to the loss of their existing citizenship due to the nationality laws of their country of origin, so they may wish or are obliged to retain their permanent residence status, for example nationals of China, Japan and Singapore.
If in doubt you should check with the appropriate authority of your country so you do not lose your nationality of origin by becoming British or are at least aware of the implications of doing so.
How can an Immigration Solicitor help with your UK Permanent Residency application
Our team of lawyers are well versed in all routes to becoming a permanent resident. As a firm of solicitors we have helped many individuals apply for residence, ILR and British citizenship.
If you are considering making a permanent residence application please feel free to contact us. We can help you to apply for PR.
Our immigration lawyers can provide advice on whether your application meets the requirements to become a permanent UK residence or ILR including:
-
- explaining the relevant legal criteria for the permanent residence application
- checking you have the correct documentation for the PR application
- submitting the application for permanent residency on your behalf.
We hope this has helped you to think about your possible route to become a permanent UK resident. Our lawyers are happy discuss your PR application and can apply for residency on your behalf.
Please contact us should you wish to apply for PR.
Frequently asked questions about UK Permanent Residence
Will I be issued a permanent UK resident document or BRP?
The UK stopped issuing biometric cards to evidence PR UK or visa status in the UK on 31 December 2024. PR UK or any other visa status is now electronic. Individuals can check their status by signing into their individual UKVI account.
Can I lose my UK Permanent Residence?
The short answer to this is yes, but it depends on how you obtained it and the circumstances. For those granted PR UK through the Settled Status scheme, an absence over 5 years will result in the loss of permanent status. For those granted ILR, it can be lost if they are away from the UK for more than 2 years and have no ties here. In both cases committing a crime would put your UK residency at risk.
Permanent Residence replaced by the European Union Settlement Scheme (EUSS)
Prior to the UK's departure from the EU, the Conservative government of Theresa May negotiated the EU Withdrawal Agreement which came into force on 1 February 2020 and protected the rights of EU nationals post Brexit, who for example held permanent residence in the UK.
The UK government introduced the EUSS Scheme on 30 March 2019, which required EU nationals who had been resident in the UK, whether they held permanent residence in the UK or not, to register for pre-settled status by 31 December 2020, but subsequently extended to 30 June 2021.
It is still possible for EU nationals and their dependents, which includes those who held permanent residence in the UK to apply through the EUSS, but they must provide reasons for not having done so.
Footnotes
*HC 395 (the "Rules")
** An EEA national could obtain permanent residence after exercising European Union Treaty Rights, typically for 5 years through Directive 2004/38/EC. This ceased on 30 June 2021, following the UK's departure from the EU.
About the author
Evan is a solicitor and founding partner of RLegal Solicitors, having practiced immigration law since 1991. His expertise covers all aspects of corporate and private UK immigration work.
Legal 500: "Evan Remedios is helpful from beginning to end and makes things clear and very simple."
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