Permanent resident UK
Also known as Indefinite Leave to Remain, UK permanent residence is an immigration status granted to a person without the Right of Abode.
An individual with permanent resident status can live and work in the UK indefinitely. You will no longer have any immigration restrictions on working or business in the UK and no time limits on your stay.
However, the right can lapse if an individual spends more than 2 years continuously outside the country.
Who is eligible for resident status?
Applying for Permanent Residence UK for non-EU citizens is reasonably straightforward. If you have lived in the UK for a set number of years, legally or otherwise, you can apply for permanent residency.
Below is a list showing the length of time you must spend in the UK on various visas to be able to apply for indefinite leave to remain (ILR):
- Marriage or unmarried partner to UK citizen: 2 years
- Lawful stay on any basis (long stay): 10 years
- Unlawful stay: 14 years
- Tier 1 and Tier 2 work permit: 5 years
- Investor, sportsperson, business owner, arts: 5 years
- Ancestry: 5 years
If your stay in the UK is within any of the categories above and you have completed the stated length of time, you may be eligible to apply for residency.
The EEA nationals who have resided in the UK for a continuous period of 5 years in accordance with the EU law are eligible for permanent residence UK. The right of residence is possessed by a person who is exercising Treaty rights, which means moving to another EU country other than your own and then engaging in one or more as:
- worker or job seeker
- self-employment
- self-sufficiency and
Please note family members of EU nationals who are engaged in one of the above-mentioned activities i.e. exercising treaty rights will also qualify for permanent residence UK after five years.
As mentioned above the Applicant need to prove he/ she was living for a continuous period of 5 years in the UK and was exercising Treaty Rights which includes the following categories:
Job seekers
To qualify as a job seeker, you must be able to demonstrate that you are not only actively looking for jobs but intend to have a realistic chance of getting one. You must prove that you actively have been applying for different jobs. This rule is in line with regulation 6 (4) of the Immigration (EEA) Regulation of 2006. In summary, the requirements for exercising treaty rights as a job seeker are:
- You are registered as having been in employment for at least one year before becoming unemployed or you have just completed registration as a job seeker;
- You have been unemployed for a period not exceeding 6 months;
- You can demonstrate that you are looking for a job in the UK and have a realistic chance of securing a job in the UK.
Workers
If you are currently working in the UK, you fall under the definition of a qualified person or are regarded as exercising treaty rights as a worker. Employment in this instance may either be full or part-time. Importantly, such a worker must be able to sustain themselves without recourse to public funds to be within the definition. There are however situations in which a person is currently unemployed may still qualify as a worker. Such instances revolve around the European national being temporarily unemployed or unemployed as a result of the following:
- Sickness or accident
- Voluntary or involuntary unemployment
- Started a vocational training
Self-employed Person
In order to be a qualified person as self-employed, you have to be registered with the HMRC for income tax and NI contributions. You must be able to evidence this by way of the document evidence such that you submit to the HMRC. Such documents may include invoices, accountant’s letter, bank statements, etc.
Furthermore, Regulations 6 (3) of the European Regulations 2006 allows that in the event of an illness or accident, whereby a self-employed person becomes temporarily out of work, they may still qualify as self-employed.
Self-sufficient person
The rules define a self-sufficient person as one who has:
- Sufficient funds to cater for his/her expenses without having to need help from the government by way of claiming benefits in the UK;
- They have comprehensive health insurance for all members of their family living in the UK including them;
- They have financial securities and/or a pension sufficient to cover themselves whilst in the UK;
- Is working for a charity that takes care of their living expenses in the UK. Importantly the charity support must be sufficient enough to meet the living cost of both the individual and his family members living in the UK.
Student
Exercising treaty rights also include a student, as long as they are studying at an appropriately regulated institution. Importantly documentary evidence including bank statements, comprehensive sickness insurance, would still have to be provided to show that the student has enough funds to support themselves in the UK without needing financial support from the government. It is also important that the institution of learning in which the EEA national (student) is enrolled in, must be recognized as a provider of that course or training.
What Residency documents do you need to apply for a Permanent Residence card?
You need to demonstrate to the Home Office that you have been living in the UK for a continuous period of 5 years during which you were exercising treaty rights.
Absences from the UK in Permanent Residence UK Applications
Absences from the UK of up to six months do not disqualify or prevent a person from acquiring permanent residence UK. Gaps in employment are also permitted in some circumstances.
Registering your non-EU family members in the UK
If you’re a citizen of a non-EU country and would like to settle permanently in the UK, you may apply for permanent residence.
The eligibility criteria above applies to all family members wishing to join you. Each member of the family has to submit an application form in their own capacity as an individual. For children under the age of 18, you will make the application on their behalf as they are considered as minors.
If you’re here on Tier 1 or Tier 2 visa, your family may join you in the UK, considering you meet the criteria under each particular permit for sponsoring a spouse or dependent children.
Eligibility for settlement
Many people thinking about the settlement because they are a partner of a British citizen are currently on a family visa as a partner or spouse. This type of visa has three routes:
- 2-year route
- 5-year route
- 10-year route
If you are on any of the above visas, you need to have lived the UK for 2 years, 5 years and 10 years, respectively. Once you meet the time spent in the country criteria, you are ready to submit an application, on the condition you meet the other criteria below:
Marriage
Your current visa should be in the partner category, so you must either be married to your British partner or be in a civil partnership or in a subsisting relationship though not married.
Living together
You must provide proof that you’re living together and intend to continue doing so after you are granted residency. Evidence may take the form of joint bank accounts, a joint tenancy agreement and other official documents.
Test
To demonstrate your knowledge of British life, you must pass the ‘Life in the UK’ test.
English test
Also, if English is not your first language, you must prove you can speak and understand the language by meeting the English Language requirements. An English qualification or holding an educational qualification from a recognised UK institution will often be enough to satisfy this requirement.
Proof of finances
You will need to provide proof of funds to support your family if you’re on the 5-year route visa. The funding expectations are currently as follows:
- At least £18,600 a year if you no dependent children
- At least £22,400 a year if you have one child
- Extra £2,400 a year for each child
Count all the children under the ages of 18 even if you’re not including them as part of the application. Children who are British or European Economic Area citizens should not be included when you’re calculating your annual earnings. Note, the earnings are joint and take into account both partners earnings.
There is no minimum earnings requirement on the 2-year route. However, you will need to provide evidence that you have enough money to support your family without public funds. If you’re on the 10-year route, there’s also no requirement to meet the minimum earnings but you will need to provide proof of income.
Permanent residence as a family member of someone settled in the UK
If your partner is settled in the UK after coming here on a work visa (Tier 1, 2 or 5 visa), you could be eligible for settlement.
You must be married or in a civil partnership or be in a relationship for at least two years.
Eligibility for partners
You must currently be on a visa as your partner’s dependent. If you received your visa after your partner was already settled, you will need to apply as a partner of a settled person.
If your current visa was issued before 9 July 2012, you must have lived with your partner for at least 2 years. This will go up to 5 years if your visa was granted on or after 9 July 2012.
When you apply, you must still be living together with your partner and intend to continue doing so. You should not be claiming benefits (accessing public funds) when you apply.
English Language and knowledge of life in the UK requirements also apply so you should make sure you satisfy these requirements before making your application.
Why You Should Contact International Immigration Regarding This Case?
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Our immigration solicitors are specialist immigration solicitors who are able to handle all types of immigration work including
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