Who is eligible for permanent residence (Indefinite Leave to Remain) in the UK, how to apply, and the advantages of PR will all be covered in this article.
In the UK, How Can I Obtain PR (Indefinite Leave to Remain)?
Obtaining permanent residency (PR) in the UK is a significant step towards becoming a British citizen for many foreign nationals who aspire to call the UK home. Applying for permanent residence in the UK can be done in a number of ways, such as through an EU national, a work visa, a business, or an immediate family member who already resides there. Who is eligible for permanent residence in the UK, how to apply, and the advantages of PR will all be covered in this article.
Who is qualified to apply for UK permanent residence(Indefinite Leave to Remain)?
PR in the UK as a member of a UK citizen or settled person’s family
You might qualify for permanent residence (PR) if you have a spouse, partner, parent, child, or adult dependant relative who is permanently residing in the UK. Your relationship with your family member who lives in the UK, the kind of visa you presently possess, and a number of other variables will all play a role. The requirements for applying as a dependent of someone with a work visa or as a spouse or partner with a family visa are explained below.
Applying as a partner with a family visa: If you presently have a family visa as a spouse or partner and you have lived in the UK continuously for the necessary amount of time (two or five years), you may be able to apply for permanent residence. The path outlined in your “leave to remain” letter from the Home Office will determine this. To be eligible, you have to:
- Since your last visa renewal, you have lived together, and after you apply, you plan to continue relationship.
- Earn a minimum of £29,000 annually as a couple.
- Has successfully completed the Knowledge of Life in the UK exam and
- Fulfil the English language requirements (a degree taught or researched in English, or at least a level B1 in speaking and hearing).
Applying as a partner and dependant of someone with a work visa: If your partner has a work visa, you can be eligible for permanent residence as a dependent. There is no time in the UK requirement if your partner is a representative of an overseas business visa or has a dependent with a UK ancestry. Dependents of individuals with a different kind of work visa (such as a skilled worker visa) must have lived in the UK continuously for a minimum of five years. If you have lived outside of the UK for no more than 180 days in a 12-month period, you are considered to be continuously residing.
For complete information on the qualifying requirements, contact a member of our immigration legal team if you are thinking about obtaining permanent residence as a parent, child, or adult dependent relative.
Obtain a work visa to obtain UK PR (Indefinite Leave to Remain ).
In the UK, a number of work visas lead to permanent residence. These consist of the visas for skilled workers, global talent, and health and care workers. As a work visa holder, you are eligible for PR (Indefinite Leave to Remain)if you:
- Have resided and worked in the UK for a minimum of five years while holding a valid work visa (depending on your line of work, this might be three years if you hold a Global Talent visa).
- Fulfil the condition of continuous residency. Any time spent in the UK using one of the following visa categories is included in this:
- Visa Tier 1: unless Graduate Entrepreneur (Tier 1) Tier 2 (General) or skilled worker Worker Scale-upTier 2, often known as the T2 Minister of Religion T2 Sportsperson, International Sportsperson, or Tier 2 Sportsperson Global Talent Founder and Innovator
- A representative of a foreign company
- Fulfil the wage requirements (for example, if you have a skilled worker visa, you must earn at least £25,600 year, £10.10 per hour, or the “going rate” for the task you’ll be doing).
Obtain permanent residency in the UK through your business
The Innovator Founder visa provides a route to permanent residence for entrepreneurs and business owners. If certain requirements are fulfilled, this visa, which is intended for people with creative business ideas, offers a quick route to permanent residency after just three years. In particular, you need to have:
- Lived in the UK on an Innovator Founder or Innovator visa for a minimum of three years (you cannot include time spent in the UK using any other type of visa).
- A fresh recommendation demonstrating that you have fulfilled the prerequisites for expanding your company and
- Not gone abroad for more than 180 days in a single year.
EU nationals’ UK PR status
EU citizens may apply for “settled status” under the EU Settlement Scheme (EUSS) if they were residents of the UK prior to the end of the Brexit transition period at the end of 2020. After living in the UK continuously for five years, EU nationals and their families can apply for permanent residency under this program. EU nationals may apply for “pre-settled status,” which permits them to stay in the UK until they are qualified for full settled status, if they arrived before the deadline of December 31, 2020, but have been here for fewer than five years.
Applying for Permanent Residence in the United Kingdom
There are multiple steps involved in applying for UK PR, which are detailed below:
- Verify your eligibility: Make sure you fulfil the requirements for your particular category before submitting an application for permanent residence. You run the risk of having your application rejected if you apply too early.
- Collect any supporting documentation needed for your application. Assemble all required paperwork, such as identification documents, proof of continuous residency, certificates of passing the English language and Life in the UK tests, and any other requirements unique to your visa category.
- Get ready and send in your application. Pay the application cost and fill out the online form.
- Biometric appointment: Schedule and show up for a biometric information session at a UK Visa and Citizenship Application Services (UKVCAS) service point to submit your fingerprints and a photo.
- Wait for a Decision: Await the Home Office’s decision.
28 days prior to your eligibility, you can apply for PR. As long as they fulfil the eligibility conditions, you can typically add your partner and kids on the same PR application form.
Rules for Permanent Residence in the UK You Must Follow
Constant residence
You must fulfil the continuous residence requirement in order to be eligible for PR. This usually implies that you have to have been a resident of the UK for five years straight, with no more than 180 days of absence in any 12-month period. Please contact a member of our staff if you have any questions about whether you qualify for the continuous residence rule. We will assist you in compiling the data required to accurately determine how long you have lived in the UK continuously.
The test of life in the UK
The Life in the UK test must also be passed by applicants for UK PR who are between the ages of 18 and 65. Approved test providers provide this exam to determine whether applicants know enough about the UK and British culture.
Good Morals
Candidates must exhibit good character, which includes abiding by UK laws and regulations and not having any significant criminal records.
Documents needed
To support your PR application, you will need to submit a number of papers. Usually, these consist of:
- A passport or other travel document
- Evidence proving residency, such as electricity bills or tenancy contracts
- Evidence of work or business activity (such as business accounts or paystubs)
- Certificate of marriage or civil partnership (if applying as a family member)
- Proof of ongoing residency in the UK (such as a UK Border Force arrival and departure date list) and
- Proof of business endorsement
How much does UK PR cost and how long does it take to process?
Depending on the visa category and case complexity, the processing period for a UK PR application normally varies from six to twelve months. The application fee and any legal fees if expert advice is sought make up the cost of UK PR. The application fee for PR is currently £2885.
What advantages come with obtaining UK PR?
Getting permanent residence in the UK has many benefits, such as:
- You can save time and money by not having to apply for a second visa.
- Stability and security: There are no time limits on living and working in the UK.
- The National Health Service (NHS) and other public services, including benefits, are accessible to PR holders. As a result, the expensive immigration healthcare premium will no longer be required of you.
- Education: You only need to pay domestic tuition fees to attend UK universities.
- Pathway to British citizenship: After a further 12 months, PR holders are eligible to apply for British citizenship.
Other strategies for obtaining PR in the UK
There are additional ways to obtain PR in the UK than the main ones listed above, and these include the following:
- Commonwealth nationals having a grandparent who was born in the UK are eligible for an ancestry visa.
- Long Residence: Following ten years of continuous, legal UK residency.
- Protection for refugees, humanitarian causes, or discretionary leave
- Having previously been granted indefinite leave to reside in the UK
- Participating in military service
After completing my education, how may I obtain permanent residency in the UK?
Securing a graduate visa, which permits you to remain in the UK for two years (three years for PhD grads) after finishing your studies, is one way for overseas students studying in the UK to transition to permanent residence. During your graduate visa period, you can transition to a skilled worker visa or another relevant work visa if you have secured sufficient skilled employment with a sponsor licence holder. You can apply for permanent residence after five years of living in the UK on an approved visa. After completing your education, you can obtain PR in various methods, such as by applying for a family visa.
UK Self-Sponsorship Path
Self-sponsorship, which enables foreign nationals to establish a business in the UK and sponsor themselves, is another increasingly common path to permanent residence in the UK. This eliminates the need to work for an employer and submit job applications. This option is particularly popular with self-employed consultants (e.g. IT consultants) who seek to work for themselves in the UK.
What self-sponsorship means:
- Starting a business in the United Kingdom, which includes registering with Companies House and HMRC, establishing a bank account, and locating a business address.
- Applying for a work visa with a sponsor licence
- Issuing a Sponsorship Certificate
- Making a skilled worker visa application
After five years of continuous residency in the UK, holders of a skilled worker visa are eligible to apply for permanent residence.