How to qualify for Permanent Residence UK (Indefinite Leave To Remain)
What Is Permanent Residence UK?
Permanent Residence (PR) UK can also be referred to as "indefinite leave to remain" or "settled status" and allows a person to live and work in the UK indefinitely, subject to them not staying outside the UK for long periods.
UK PR is usually acquired once a person completes 5 years of continuous stay or less, depending on the immigration route they are on.
Permanent Residency puts a person on a pathway to becoming a British citizen which cannot be lost unless:
- It is renounced, or
- Deprivation proceedings are taken by the Home Office due to conduct.
Permanent resident UK laws are subject to change - Brexit is an example of how dramatic this change can be.
Guidance On Permanent Residence
Please read our guidance on the requirements, procedure, and how to apply.
For the purpose of this article we will refer to all three UK PR terms as they are synonymous.
How RLegal Can Assist With Your Permanent Residence Application?
RLegal has overseen the immigration journey to UK permanent residence for many clients since 2002, so the UK PR process became seamless through identifying potential issues in advance.
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 on the life of the applicant and any dependants.
What can seem trivial may lead to negative consequences, hence risk management and planning ahead should be a priority.
Our team of solicitors are available to provide you with assistance through the UK Permanent Residence application process.
Contact us for assistance.
What Are The Benefits Of Holding Permanent Residence?
Those holding UK PR can:
- Work without restriction which includes both employment and through self-employment
- Study
- Travel to and from the UK visa free
- Access the NHS
- Sponsor family members
- Apply for British nationality, subject to meeting the relevant criteria.
Acquiring UK PR status or ILR is usually an objective for those overseas nationals who want to live restriction free in the UK.
Route To Permanent Residence
- Initial application to enter or stay in the UK
- One or more extension applications
- Apply for UK PR.
The number of visa applications depends on the immigration route.
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 |
|
|
5 years |
Position Of EU Nationals Post-Brexit
EU nationals coming to the UK post-Brexit need to apply through UK domestic immigration routes in order to become eligible to apply for UK PR, due to the end of Free Movement.
How To Plan For Your Permanent Residence Application
If you intend to apply for UK Permanent Residence in the future you should research thoroughly at the outset and, if necessary, take advice during the course of your stay. Examples' of points to consider:
-
- 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 you can you spend outside the UK, etc.
Why Choose RLegal Solicitors For Your Application?
Our experienced team of lawyers have decades of experience and can apply for residency on your behalf.
The verified reviews on us stretch back more than 10 years.
You can contact us to discuss whether you can make an application for permanent residence in the UK through the EUSS scheme, for settled status, or if you qualify for ILR through UK immigration laws.
Permanent Residence Qualifying Periods 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, 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 |
How Points Based System Dependants Acquire Permanent Residence
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 travelled later, they may not qualify at the same time as the lead applicant. They may need to make an extension application to make up the shortfall to 5 years.
Permanent Residence Through Long Residence
Individuals who have lived in the UK for a continuous period of 10 years can apply for permanent residency through the Long Residence route or rule.
Most visa types can be amalgamated towards the 10 years requirement, most notably with the exception of visit visas through this route.
Applicants must comply with the specific criteria of the route including:
- Not exceed absences within a given limit, and
- Meet 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 they meet the permitted absence criteria.
If you are thinking to apply for residency and have issues with your absences please contact us.
PR Through The Private Life Route Or Leave Outside The Immigration Rules
For those who are granted permission through the Private Life route based on their relationship or other circumstances must:
- Renew their visa every 30 months, and
- Can apply for PR / ILR on completion of 120 months or 10 years in the UK.
What Must Applicants Show When Applying For PR?
Applicants must show they have met the:
- Knowledge of Life and Language and
- 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.
Permanent Residence Replaced By The European Union Settlement Scheme (EUSS)
Background To The 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.
Introduction Of The EUSS
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 was
- Extended to 30 June 2021.
Can EU Nationals Still Apply Through The EUSS?
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.
Apply for Permanent Residence UK
The exact procedure to follow will depend on the type of visa or immigration status that you hold.
EU Nationals And Their Family Members
EU 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, live and travel whilst the application is in progress.
Other Nationalities
For other nationalities, a Permanent Residence application must comply with the specific criteria in the UK immigration rules for the route they are on.
Application Process For Non EUSS Applicants
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.
Application Form For Permanent Residence
- Set (M) is the relevant form for those applying through the partner route
- SET (O) is for most other routes.
What Are The Application Fees And Service Standards For Permanent Residence
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.
The Biometric Appointment
In addition TLS (a third party processing centre) normally provides an option to pay for a priority biometric appointment allowing applicants to avoid the 2-4 week wait for a free appointment.
Applicants should note the processing of the UK Permanent Residence application will only begin once the individual has attended the biometric appointment.
What Are The Documents Required For A Permanent Residence Application?
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.
What Are The Restrictions On Permanent Residence UK?
For those who intend to just retain UK permanent residence or ILR status, the drawbacks should be noted.
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.
What Are The Restrictions For EU Nationals?
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).
What Are The Restrictions For Those Granted ILR Through The Immigration Rules?
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 v British Citizenship
Citizenship incorporates the benefits of having UK PR but cannot be as easily lost.
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).
What Is The Criteria For British Citizenship Applications?
-
- Prove UK residence for 3* years or 5 years prior to the date of application
- Meet 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 must not be 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.
What About Dual Nationality?
The UK allows individuals to hold dual nationality.
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.
2025 White Paper: Increased Residence Requirements from 5 to 10 Years
The new Immigration White Paper 2025, proposes increasing the period of time individuals must remain in the UK to be eligible for permanent residence from 5 to 10 years - apart for the family partner immigration route.
Transitional Provisions (Grandfather Clauses)
Previous changes to the UK Immigration Rules have only applied to new entrants. For those here prior to any changes - old rules have remained in force through transitional provisions (known as grandfather clauses).
Future Changes To Permanent Residence Through The White Paper
It remains to be seen what will happen with the proposals in the White Paper as they are yet to be debated in Parliament.
For those currently on immigration visas and otherwise intending to come through an existing immigration route, this could have a significant impact such as:
- Increased wait to qualify for UK permanent residence
- Additional fees for visa extensions
- Higher level testing to meet the English language requirement
- Plans to become British being delayed as holding PR is a requirement to becoming naturalised save for those currently married or in a civil partnership with a UK citizen
- Being unable to purchase a house as banks require individuals to hold permanent residence.
It is important for those here, or who intend to apply to be aware of the proposed changes.
Being proactive at the outset will avoid doubt and issues arising down the line. This is of particular relevance due to the White Paper 2025 which propose major changes to permanent residence rules.
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.
If you are considering making a permanent residence application please feel free to contact us. We can help you to apply for Permanent Residence.
Our immigration lawyers can provide advice on whether your application meets the requirements to become a Permanent UK Resident including:
-
- Explain the relevant legal criteria for the permanent residence application
- Check you have the correct documentation for the PR application
- Submit 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 to happy discuss your application and can apply for permanent 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.
Permanent Residence 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 of over 5 years will result in the loss of this 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.
Glossary
A. In the UK Permanent Residence ("PR") was a form of legal status issued to European nationals and their dependants prior to Brexit.**
B. 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.
C. Indefinite leave to remain ("ILR") has its origins in 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 as referred to in the table below:
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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