Can I get Permanent Residence in the UK?
When people first talk to their immigration solicitor about ‘permanent residence in the UK’ they often don’t know what their available and best Immigration options are. It is common for people to be confused about the differences between Permanent Residence, Settled Status, UK Indefinite Leave to Remain or British Citizenship and whether they are eligible to apply for any type of UK permanent residence. In this blog we explore the different ways you can secure your permanent future in the UK.
UK Immigration solicitors
For advice about your Immigration status or to discuss your eligibility to apply for permanent residence, Settled Status or Indefinite Leave to Remain in the UK call OTS Solicitors on 0203 959 9123 or contact us here.
UK permanent residence options
If you are living in the UK with an Immigration status of ‘limited leave to remain’ or if you are an EU citizen living in the UK with all the Brexit uncertainties, you probably crave a life where, if you are a non-EEA citizen you can live free of Immigration controls and, if you are an EU national, you can be confident of your post-Brexit future in the UK.
If you are a non-EEA citizen your UK permanent residence options are:
- British citizenship and retaining your nationality of origin (dual nationality)
- British Citizenship and relinquishing your nationality of origin.
If you are an EU citizen your UK permanent residence options are:
- Pre-settled Status under the EU Settlement Scheme
- British citizenship and retaining your nationality of origin
- British Citizenship and relinquishing your nationality of origin.
If you are an EU or a non-EEA citizen then not all of those UK permanent residence options may be available to you, for example:
- You may not have lived in the UK for long enough to qualify to apply for Settled Status or British Citizenship
- You may not meet the good character test to apply for Indefinite Leave to Remain
- Your country of nationality may not offer dual nationality so you will have to make the choice to become a British citizen and relinquish the nationality of your country of origin or not becoming a British national.
Does permanent residence always lead to British Citizenship?
Many people assume that if they start looking into and enquiring about permanent residence options in the UK, they will ultimately have to go down the route of applying for British Citizenship.
Immigration solicitors will tell you that looking into your options for UK permanent residence doesn’t commit you to applying for British Citizenship. Many EU nationals will be content to remain in the UK with permanent residence or Settled Status, without ever making an application for British Citizenship. Likewise, many non-EEA nationals will be happy to stay in the UK free of Immigration control on Indefinite Leave to Remain, rather than applying for British Citizenship.
What is permanent residence?
permanent residence can be a confusing concept as people (including some Immigration solicitors) use the phrase to describe long term residence in the UK, free from Immigration control.
However, permanent residence is a legal Immigration status that is available to EU citizens. So, if you are a non-EEA national you can't apply for permanent residence status unless you fall into a specific category.
An EU citizen may be eligible to apply for permanent residence if they can demonstrate that:
- They have been exercising their EU treaty rights whilst living in the UK
- They have been ordinarily resident in the UK and they can show they have been exercising their Treaty Rights for five continuous years in the UK.
Many EU nationals have been told so much about the EU Settlement Scheme the option of applying for permanent residence isn’t always explored fully.
If you are an EU national and your ultimate goal is to apply for British nationality then permanent residence is likely to be the best Immigration option for you because you will be able to secure British Citizenship faster through permanent residence than Settled Status.
What does permanent residence mean?
If you secure UK permanent residence you are entitled to:
- Live
- Work
- Study
In the UK free from Immigration controls.
permanent residence doesn’t make you a British citizen as you retain your nationality. It can however lead to a British nationality application if you want to secure British Citizenship and you are eligible to apply for naturalisation.
You can apply for permanent residence if you ordinarily resident in the UK and are:
- An EEA national
- A Swiss national
- The family member or extended family member of an EEA national or someone with permanent residence and have lived in the UK with your EEA family member for a continuous period of at least five years
- The former family member of an EEA national with retained rights of residence after your EEA national family member either died or left the UK or your marriage or civil partnership resulted in divorce proceedings
- Eligible to apply as a family member of a British citizen under the Surinder Singh rule.
If you are eligible to apply for permanent residence you can do so after living in the UK for five years and exercising treaty rights.
Once you have secured permanent residence you can apply for British Citizenship:
- After twelve months of holding permanent residence or
- As soon as you secure permanent residence provided that you are married to a British citizen.
Provided, of course that you meet the eligibility criteria to apply for British nationality.
Do I have to apply for permanent residence?
Applying for permanent residence is your choice. You don’t have to do anything, although Immigration solicitors are urging EU citizens to look at their Brexit options and make decisions based on what is the best Immigration option for them, depending on their family goals and priorities. Those goals include whether or not you plan to apply for British Citizenship.
Am I eligible for permanent residence?
Applying for permanent residence is more complicated than just being able to prove that you have been in the UK for the last five years. The Immigration Rules say that you have to have undertaken what are referred to as ‘qualifying activities’.
Qualifying activities include active in the UK as:
- A worker or registered as seeking Employment
- A student
- A self-employed person provided you have had sickness insurance
- A person who is self-sufficient person provided you had sickness insurance.
permanent residence or Settled Status
The likelihood is that you will still have questions about Permanent Residence and Settled Status under the EU Settlement Scheme and the option that is best for you and your family. Whether it is permanent residence or an application for Settled Status using the same day Settled Status application service OTS Solicitors can help you.
permanent residence solicitors
For friendly bespoke advice about your Immigration status or to discuss your eligibility to apply for permanent residence, Settled Status or Indefinite Leave to Remain in the UK call London based OTS Solicitors on 0203 959 9123 or contact us online by clicking here.