What One Must Know About Permanent Residence Status In The UK?
A Complete Guide

Every year, people from all over the world migrate to the UK hoping to find a dream career, pursue a potential business opportunity, or just because they want to take a vacation. The UK offers an environment where anyone can maximise their potential and experience a vibrant lifestyle, with a melting pot of numerous cultures. Britain is currently one of the most sought-after locations for those looking for a better life, the country even ranks 10th on the list of most-visited nations worldwide.

If you are in the UK, with a desire to achieve Permanent Residence Status, here’s what you need to know about it. The process usually involves a lengthy wait—an average of 5 years. Let’s understand more about the requirements, eligibility criteria, and application process.

• First off, the UK does not make use of the term ‘Permanent Residence’.
• As per the UK immigration laws, Indefinite Leave to Remain (ILR) Status is similar to Permanent Residency.
• ILR offers foreign nationals an immigration status that allows them to live, study, and work in the UK without any time restrictions or other limitations.

• Tier 2, T2, International Sportsperson or Skilled Worker visa
• Scale-up Worker visa
• Global Talent visa
• Tier 1 Entrepreneur
• Investor visa
• Innovator visa
• Representative of an overseas business
• Turkish Worker or Businessperson visa
• Private servant in a diplomatic household with an International Agreement visa, or a domestic worker

It may be possible to be eligible for UK ILR on the basis of a family relationship with someone who is either a British citizen or has UK-settled status. Eligible routes include

• Spouse visa (partner visa)
• Parent visa
• Child dependent visa
• Adult dependent relative visa
• Private life route
• If your partner is deceased
• If your relationship has ended due to domestic violence

Ancestry visa holders can become eligible for ILR after 5 years in the UK.
Commonwealth citizens with the Right of Abode in the UK are able to live and work in the UK free from immigration restrictions and may be eligible for citizenship.

If you have lived in the UK for ten years or more, you may be eligible to apply for ILR.
Other routes
Additional routes to UK settlement include:

• Discretionary leave
• Status as a refugee or humanitarian protection
• Returning residents who have previously held ILR are a refugee or have humanitarian protection or Discretionary Leave
• Armed forces personnel

In order to qualify for ILR, you must first have legal status in the UK under a category that specifically leads to settlement for the duration of the category:

At the end of your continuous period of legal residence in the UK, you are not automatically eligible for ILR. For UKVI to take into account, you must make an application for ILR. You must additionally provide the following documentation to prove your ILR eligibility:

• Continuously residing legally in the UK for the minimum qualifying amount of time
• 180 days or fewer of absences from the UK in any one year during the qualifying period
• proof that you passed the Life in the UK Test
• Evidence that you speak English at the required level
• Evidence that your application satisfies the General Grounds for Refusal, such as correcting any criminal convictions or immigration status violations you may have

Depending on the type of leave they presently have, ILR applicants might need to demonstrate that they fulfil the applicable minimum income criterion. For instance, holders of a skilled worker visa who desire to get indefinite leave to remain in the UK must achieve the minimum wage criteria by earning the greater of any of the following:

• £25,600 annually
• The “going rate” for the position is £10.10 per hour

• You may submit an ILR application to the Home Office if you are qualified and meet the applicable ILR conditions
• You will need to complete the appropriate application form and submit supporting documents
• Most applications are made using SET (O) or SET (M)
• After submitting your application, you can schedule a visit at a UKVCAS location to provide your biometric data
• If you haven’t already submitted your supporting documents online, you can do so at this appointment
• If UKVI needs further details about you or your application, you can be asked for an interview

You will need to provide documentation to back up your application proving both your identity and compliance with ILR regulations. You must provide:

• Your current, valid passport or other valid travel ID
• Your biometric residence permit, if you have been issued one
• All passports that you have held during your time in the UK
• Proof of accommodation
• Proof of continuous residence
• Documents relating to absences during your qualifying period
• Proof of English language ability
• Evidence of cohabitating residence if applying from a spouse or partner visa
• Other official documents such as a letter from a medical professional, a police registration certificate
• Life in UK and English language proof
• If dependants are applying with you, you will need to provide their birth certificates

Depending on your current visa type, additional documentation may also be needed. For instance, if you are applying for ILR as a Skilled Worker, you must include information about your employment, whereas if you are on an Ancestry Visa, you must include your grandparents’ birth and/or marriage certificates as proof of nationality. Unmarried partners must provide evidence of their living together.

You will be required to provide detailed information regarding your financial situation and housing in the UK. You must present proof, such as a lease or mortgage agreement, to show that you own or rent a home in the UK. If you are renting a property, you should attach a letter from the landlord. If you are residing in a home owned or rented by relatives or friends, you must submit a letter confirming your right to do so. You should also include any supporting documentation for any benefits you might have got while residing in the UK. A certified translation must be included with any documents that are not in English or Welsh.

You must pass the Life in the UK test in order to submit an application for ILR. The history, traditions, and culture of the UK are the main topics of the Life in the UK multiple-choice questions. You need at least 75% on the test in order to succeed. If you pass the test, you will be given a special reference number that you must use when submitting an application for an ILR.

As of 6 April 2022, each applicant must pay a processing fee of £2,404 for an ILR application. In addition, you will be charged £19.20 for submitting your biometric data.

Before you submit an application for ILR, it is crucial to understand the requirements of an ILR application. Also, to check if there are any other areas of concern. And therefore, you must seek legal advice from a UK-qualified Immigration Solicitor.

The SmartMove2UK is UK Immigration Law Firm, based in India and has assisted clients for over 15 years, from 26+ countries, in all matters concerning UK Immigration and Nationality Laws.

Our UK Immigration Lawyers have knowledge and expertise of many years in submitting UK ILR applications. We do an in-depth assessment of your case to accurately file the required documents and make sure you are meeting the eligibility criteria.

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