Permanent Residence UK

What is Permanent Residence? 

 

Permanent residence is a type of legal status an individual can hold which allows them to remain in a country usually without time restriction, but holders of it are normally still subject to immigration control.

 

Although permanent residence enables an individual to live and work in a country normally without time-limit, those holding it can be subject to conditions which vary depending on the laws of the country they are in.

 

This guide will outline what UK permanent residence means and its relationship with other legal concepts relating to a permanent type of stay here, such as indefinite leave to remain (ILR) and both pre-settled and settled status through the European Union Settled Status Scheme (EUSS). 

 

Although permanent residence holders are free to travel to and from a country they are not nationals of, they do not benefit from the perks of holding a passport such as;

 

• having recourse to consular support when overseas
• cannot vote and
• can lose their status if they do not abide by a condition of their stay or commit a crime.  

Permanent residence holders can be described as holding a mixture of permanent but long-term temporary status - it can confer indefinite stay but can be lost, hence it is not strictly permanent.

 

Individuals holding permanent residence are usually on the final part of the immigration journey to becoming a national of a country and must fulfil separate nationality laws to become eligible to citizenship, which varies depending on the country they are in.

 

How do you qualify for Permanent Residence? 

 

To obtain permanent residence an individual will normally have to fulfil legal criteria or pathways through an immigration route. For example, an individual would have to:

 

• qualify for particular visa
• spend a specified period in the country and comply with the conditions attached to it and
• then formally apply for permanent residence by showing they have complied with the laws and possibly meet further rules or immigration requirements.

Permanent residence as a form of immigration status is used in countries including Australia, Canada, the European Union, India, and the United States and explains why individuals refer to it as such, when associating it with a form of permanent stay or residence in a country.

 

In the UK, permanent residence is sometimes referred to as ILR or settled status, but all three forms have their origins from different UK immigration laws.

 

To obtain a better understanding of these types of immigration permission it is best to delve into the background of each, which the rest of this guidance on UK permanent residency will focus on.

 

UK Permanent Residence  

 

UK permanent residence was a legal form of permission an individual could obtain through EU laws pre-Brexit, specifically from EU Directive 2004/38/EC and its predecessor laws but ceased on 30 June 2021.

 

To obtain UK permanent residence an individual had to exercise one of the following EEA Treaty Rights for at least five years:

• as a worker or work seeker
• self-employment
• economic self-sufficiency or
• study.

It was not mandatory for individuals to obtain residence certificates/documents or a UK permanent residence card but for administrative convenience it was advisable to do so.

 

There were other routes for individuals to obtain UK permanent residence through EEA laws such as:

• family members of EU nationals who had exercised EU Treaty Rights
• family member of an EU national through marriage, with the proviso the marriage had lasted at least three years and the couple had lived together for at least one year, known as a 'retained right of residence
• family members of EU workers who had died or could no longer work permanently in the UK due to ill-health
• a non-EU national living in an EU country with a British national who had exercised EU Treaty Rights could move to the UK and became known as the 'Surinder Singh' route following a landmark European Court of Justice ruling of the same name
• carers of children who were EU nationals were referred to as 'derivative' rights of residence holders.

However, individuals still must have been in the UK for a period of five years through respective EEA laws to qualify for permanent residence in the UK.

 

The UK's departure from the European Union on 31 December 2020 marked the end of UK permanent residence in the UK as a stand-alone legal concept and therefore its relevance.

 

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, see below.

 

Indefinite Leave to Remain and Permanent Residence UK

 

Indefinite leave to remain or ILR is derived from the Immigration Act 1971 and is therefore used to describe a form of permanent residence in the UK. The UK immigration rules set out the visa categories, criteria pertaining to each, and periods an individual must remain in a visa category to obtain ILR which now is typically 5 years but can for some type of visas be less.

  

ILR and permanent residence became synonymous or interchangeable terms for the public, given the large numbers of individuals who had applied for permanent residence in the UK through EEA laws over the years, and was compounded by the fact nationals of other countries were familiar with it and used the term permanent residence when referring to a permanent type of visa stay - the Home Office retain a webpage which refers on how to get permanent residence but then talks about ILR and the EUSS.

 

Benefits of UK Permanent Residence, Indefinite Leave or Settled Status 

 

Obtaining UK permanent residence (now settled status through the EUSS) and ILR share some commonality. The obvious difference is settled status is for EU nationals who were here pre-Brexit. They both require an individual to meet a residence requirement of 5 years stay in the UK, but have other conditions or criteria associated with them.

 

Those who had applied for a permanent residence card in the UK before the EUSS scheme came into force were charged an administrative fee of £65. However, an individual applying through the EUSS does not have to pay an application fee.

 

Those applying through UK immigration laws must pay:

 

• a visa application fee through various stages - which can be high and are subject to change
• Immigration Health Surcharge fee which is currently £1034 per adult per year - as above
• other fees, such as he Skilled Worker route an employer will need to pay a Skills Surcharge of up to £1000 per year.

 

Application Process for Permanent Residence in the UK 

 

Although the term permanent residence in UK law is strictly for EU nationals pre-Brexit it is still used and evidenced by the fact it it is still a term searched for on the internet (hence why you may be here).

 

For those EU nationals who still hold the now defunct permanent residence card, an application can still be submitted for pre-settled or settled status through the EUSS, but a good reason will need to be provided for the delay - ignorance of the law is not sufficient and therefore the reason would have to demonstrate an obstacle to applying - a significant challenge or high bar.

 

In respect of individuals who are currently here with pre-settled status, the Home Office have or may still be in the process of automatically extending their periods of stay, so individuals have every opportunity to apply for settled status once they have completed five years' residence in the UK.

 

Non-EU nationals or those EU nationals who came to the UK post Brexit who do not fall within the EUSS should follow the individual criteria of specific UK visa routes contained within the immigration rules to understand the requirements to qualify for ILR - these visas can be seen by visiting the service pages on our website or consulting with an immigration lawyer but will involve paying the type and level of immigration fees referred to above.

 

Revoking or losing Permanent Residence, Indefinite Leave to Remain or Settled Status 

 

Although there are possibly individuals who hold a permanent residence card in the UK and are still in the process of applying for settled status, those who hold ILR and settled status holders can lose their immigration status -   the most common way to do so is by having committed a crime or not abiding by residency requirements.

   

Those holding settled status can lose this by remaining outside the UK for a period of 5 years.

 

For those holding ILR, this can be lost by staying outside the UK for more than 2 years and not maintaining links to the UK.

 

Permanent Residence and British citizenship 

 

Holding ILR or settled status (formerly permanent residence) is a fundamental requirement to becoming eligible to apply for British citizenship. There are of course other criteria required to becoming British, but it is important to understand the background to obtaining permanent residence, ILR or settled status when planning your UK immigration journey and thereafter to become a British citizen.

Permanent Residence advice

Our team of lawyers are well versed in the background of permanent residence in the UK, ILR and settled status and indeed other UK visa immigration routes.

 

We can of course provide legal advice to those who still hold permanent residence cards issued in the UK and have not taken any action, which will be rare, unless they have had no reason, for example to travel such as the infirm or elderly and of course those seeking advice on how to obtain ILR or settled status or retain them. 

 

You can of course read further on the RLegal website for information on your specific route and are of course welcome to contact us to discuss permanent residence in the UK type visa issues.