UK Residency: How to Apply for UK Permanent Residence (PR)

Permanent residence (PR) in the UK means that you can live, work and study here indefinitely without the need to apply for a new visa. PR in the UK is also known as Indefinite Leave to Remain (ILR). One of the key requirements for UK PR is, in most cases, you must have continuously resided in the UK for at least 5 years. However, the specific duration required for obtaining UK PR status depends on the type of UK visa you possess. For instances, holders of the Innovator Founder Visa or the Global Talent Visa may be eligible to apply for UK PR (ILR) after just 3 years. The most common immigration routes that qualify for UK residency are as follows:

• Family visa: 5 years
• Work visa: 5 years
• Business visa: 3 to 5 years
• Long residence to ILR: 10 years

Please note this list of the ways to get PR in the UK for both EU and non-EU nationals is not exhaustive.

To discuss the options available to you and your family, get in touch with our immigration solicitors for a free consultation at 020 3744 2797 or complete our enquiry form.

PR in the UK as a family member of a settled person or UK citizen

You may qualify for permanent residence in the UK if you are a family member of a person who is settled in the UK. Qualifying family members include partners/spouses, children, and dependant relatives who need care. A settled person is someone who has come to the UK and gained permanent residence here or is a British citizen,

Some of the most popular family visas that can lead to PR in the UK include the:

• Spouse visa: 2 or 5 years
• Child visa: as soon as a parent has permanent residency
• Adult dependant relative visa: as soon as your UK-based carer has permanent residency

To make a successful application for permanent residence UK as a family member of a settled person or British citizen, you must:

• Have lived in the UK for 2 or 5 years (if applying as a spouse visa holder) or have an immediate family member with permanent residence (if applying as a child or adult dependant).
• Meet the relationship requirements (e.g. partners must still be living with their husband, wife, civil partner, or unmarried partner)
• Meet the financial requirements – this depends on the route you are applying through (e.g. for the 5-year route as a spouse visa holder, you and your partner must have a combined income of at least £29,000)
• Pass the Life in the UK test
• Meet the English language requirements

Get a UK PR via a work visa

A work visa (e.g. a Skilled Worker visa) will allow you to come here to work for a UK employer. In most cases, you will get PR once you have held your work visa for 5 years. The Skilled Worker visa is currently one of the easiest ways to get PR in the UK for non-EU nationals.

There are several UK work visas that qualify for UK residency, including the following:

• Skilled Worker visa
• Scale-up visa
• Health and Care worker visa
• Global Talent visa

It is important to understand that not all work visas qualify for permanent residency in the UK. For example, the Senior or Specialist Worker visa under the Global Business Mobility route (previously called the Tier 2 ICT visa) and the High Potential Individual (HPI) visa. While visas such as the HPI visa do not provide a direct route to PR in the UK, it is possible to switch to another type of visa that does qualify. The HPI visa also has other advantages over other work visas as it provides a gateway to work in the UK without a job offer for students who meet the requirements.

To gain PR in the UK through a work visa, you must:

• Have lived in the UK for the required amount of time on a work visa (normally 5 years)
• Continue to be sponsored by your UK-based employer
• Continue to be in a qualifying job
• Meet the minimum income requirements for your job
• Pass the Life in the UK test
• Meet the English language requirements

Get UK permanent residence via your business

You may be eligible for a UK business visa, such as the innovator visa if you have an idea for an innovative business that you would like to establish here. Under the current immigration rules, the innovator visa is one of the easiest ways to get PR in the UK for non-EU nationals. The Innovator Founder visa leads to PR after just 3 years. It is important to note that not all business visas provide a direct route to PR, including the start-up visa. To gain PR as a start-up visa holder, you will need to switch to an innovator visa.

To qualify for PR as an innovator visa holder, you must:

• Have lived in the UK on your innovator visa for 3 years continuously
• Have a new endorsement for your business
• Pass the Life in the UK test, and
• Meet the English language requirements

UK PR status for EU nationals

Following Brexit, EU nationals who wish to gain permanent residency in the UK are required to apply under the EU settlement scheme. EU nationals who began living in the UK before 31^st January 2021 may be granted pre-settled status or settled status. Pre-settled status means you have not yet been living here for 5 years and are still working towards PR. Settled status means you have already lived here for 5 years and have gained PR.

If you are an EU national who arrived in the UK after 31^st January 2021, you can still gain PR through one of the visa routes outlined above.

How to apply for UK permanent residence

To apply for UK permanent residence, you will need to:

1. Complete and submit the online application form – the form you will need to complete depends on the route you have chosen. You can include your eligible partner and children on your ILR application.
2. Pay the application fee
3. Book and attend an appointment at a UKVCAS office to provide your biometric information (photo and fingerprints)
4. Provide any documents requested by the Home Office (e.g. your Life in the UK test pass certificate).

In most cases, you can expect to receive a decision within 6 months. You may also be able to use the priority service to receive a decision within 5 working days (for a fee of £500) or the super priority service for a decision within 1 working day (for a fee of £1000).

Other ways to get PR in the UK

There are several other ways to gain PR in the UK that have not been discussed above; these include:

• Discretionary leave to remain
• ILR following domestic violence
• The 7 years child route
• The 10-year-long residence route
• The Private life route
• Serving in the armed forces

To discuss the ways that you can get PR in the UK, please speak to our immigration lawyers for a free telephone consultation at 020 3744 2797 or complete our enquiry form.