For many people coming to the UK is not just a dream, but a real prospect for the future, not only for themselves but probably for their families as well. There are many reasons for this: a decent standard of living and one of the best education systems in the world, the greatest architecture, ancient history and culture, developed transportation infrastructure and other benefits. In fact, getting a residence permit or even becoming a citizen of the United Kingdom is not such an impossible task, as many people used to believe. The state has provided for this moment, having developed appropriate immigration programs, with the help of which a candidate here becomes available employment with a decent salary already at the initial stage.
Residence permit and permanent residence in the UK are different legal statuses related to the right to reside in the country.
Having a residence permit gives a foreigner the opportunity to reside in the territory of this country for at least the next few years, but everything depends on the type of visa and its validity period. For moving there were specially developed programs, which can be divided into 3 categories – family, educational and professional. Everyone decides for himself which of them he considers the most beneficial, depending on his occupation, interests, priorities and aspirations.
A person from abroad who wishes to marry a citizen/s of England or a person with Permanent Residence status in this country is given several options under the family visa to choose from, namely:
In the first two cases, living on the basis of the above documents for 5 years gives the opportunity to apply permanent residence in England, after which, in most cases, you can immediately apply for citizenship.
A bride or groom visa is only issued for a period of 6 months – the time in which a couple needs to officially legalize their relationship, after which they apply for a spouse’s visa in the UK and begin their five-year journey to obtaining permanent residence.
Generally, children or parents can move in with their respective parents or children who already hold a residence permit or UK citizenship on similar family visas. In exceptional cases, adult relatives can apply for a visa to the UK if it can be demonstrated that they are unable to receive the necessary help and care in their country of residence.
By the way, with a residence permit in the United Kingdom, foreign nationals have very substantial privileges. For example, their children will have access to the best kindergartens, public and even private schools, including higher education institutions. Also, when leaving the country, foreigners are free to return to it and get access to free and quality medical services, which are enjoyed by British citizens. Real estate transactions, including its lease are also allowed, as well as opening your own bank account, obtaining a driver’s license for the subsequent purchase of a vehicle.
Thus, spouse and civil partner visas allow residence in the UK with the possibility of obtaining a permanent residence permit. For a bride or groom visa, once married, it is necessary to switch to a spouse visa to continue to stay legally in the country.
If we are talking about getting an education in the UK, special programs designed for pupils (students) with the purpose of obtaining a diploma in the best higher educational institutions of the country are the best choice. This is how you will be able to tighten up your English quite well, which is extremely important for subsequent employment. A good option will be a Student visa, which is valid for the entire period of study, being valid after its completion for 4 months. Unfortunately, according to the recently changed immigration rules, the spouse and children of a student in the UK has the right to apply for a visa only if the main applicant is studying at PhD (Doctor of Science) level.
It is important to note that the Student Visa allows you to study in the UK but does not provide a direct route to permanent residence. However, the time spent in the UK on a Student Visa is included in a special category under which it is possible to apply for permanent residence after 10 years of legal residence in the country. For example, after graduation it is possible to apply for a Graduate Visa, which gives the right to work in the country for 2 years (3 years for PhDs). For further obtaining a permanent residence permit it is necessary to switch to another visa category, for example, Skilled Worker Visa, and live in the country for the required time.
There are other no less effective visas in this regard, one of which is the UK Expansion Worker Visa. Yes, it is not possible to obtain permanent residence status over time, but this is not a reason to despair: if you successfully run your business in Britain, the authorities allow you to switch to another work visa – Skilled Worker Visa, which in turn is designed for skilled professionals. After 5 years of residence on a work visa you can apply for permanent residence. The list of in-demand professions is regularly updated, and candidates must meet the salary and qualification requirements.
However, it is necessary to consider the fact that it is not suitable for everyone, because they are looking for highly qualified specialists, which are urgently needed by the British state. Here is not a complete list of these professions, including:
Global Talent Visa is an opportunity to try yourself as a talented specialist in the field of digital technologies, science and culture. The distinctive feature of this program is that:
The last category of people can also apply for a residence permit. This includes workers and entrepreneurs. And here comes a wonderful opportunity in the form of Innovator Founder visa. Its main purpose is to promote and implement some innovative business ideas and projects, even in the absence of funds at the initial stage. The requirements for investment may vary
To participate in this program, an immigrant must propose a unique business idea, which will describe a step-by-step plan for its implementation. A residence permit is issued for a period of 3 years, during which he/she has the right to get an official job on the basis of an employment contract with an employer. If there is a family, it can be transferred to Britain, and the spouse can easily get a job, while their children (up to 18 years old!) are enrolled in both private and public educational institutions, where they receive a prestigious education. After 3 years, you can apply for permanent residence, and after another 2 years – for a British passport.
The most important factor here is English language skills, usually at least B2 level according to the European Community English Framework of Reference (CEFR). Amongst other things, candidates must ensure that they have at least £1,270 of funds with them in the first 28 days.
After 3 years, the candidate may be granted permanent residence, but only if his/her business has demonstrated good performance and has grown during this time.
For those wishing to invest in the country’s economy from abroad, the Tier 1 Investor visa has always been in the highest demand, but from February 17, 2022 it ceased to be valid. Therefore, the possibility of its extension remains only for those who managed to obtain this visa before its closure, as well as to apply for permanent residence, to move their family members to England. More information on this topic can be found here.
Obtaining a permanent residence permit is the next step in the UK migration journey. Generally, most visas that entitle you to reside in the UK also entitle you to apply for a residence permit, provided you meet all the requirements of that particular visa.
Perhaps one of the main disadvantages of being a permanent resident in Britain is that you cannot visit other countries without a visa. This privilege is available only to citizens.
The fundamental rule for obtaining permanent residence status (Indefinite Leave to Remain or Settlement) in Britain is strict compliance with all the provisions of the visa chosen by the candidate. Any even the slightest deviation from the rules and obligations entails the loss of the right to its registration, and therefore, time, money and all the efforts of a person will be wasted. For example, one of the main requirements for almost all types of visas, is the requirement to be absent from the UK for no more than 180 days in any 12 consecutive months. For family visas, these requirements generally do not apply.
The period after which you can apply for a residence permit depends on the type of visa and the conditions that must be met. For example, Skilled Worker visa holders can only apply for permanent residence after five years. Global Talent visa holders are divided into those who can apply after three years or five depending on their field of work. In most cases, the average time until the opportunity to apply for a residence permit is five years.
Each visa has its own requirements for obtaining a residence permit. For example, an investor cannot withdraw his investment during its entire validity period, and if this happens, he loses the right to extend the visa or obtain a driver’s license. A skilled worker must prove that he or she earns the minimum wage required by law to obtain a residence permit. A talent visa holder must prove that they have started earning money in the UK for at least six months in their field of work.
In addition to the specific requirements of each type of visa, there are general requirements for each visa: Obtaining a permanent residence permit also requires passing an English language proficiency test at a level of B1 or higher according to the European classification. But that is not all: it is necessary to pass a test on the knowledge of life in the UK (Life in the UK). If you have taken an English language test earlier when applying for a visa, it will be counted as passed.
In addition, UK legislation provides for the so-called ten-year pathway, which stipulates that a person who has lived in Britain legally and continuously for 10 years on various types of visas is eligible to apply for a permanent residence permit on the basis of this fact alone. For the purposes of this pathway, most visa types other than tourist visas are taken into account. For such an applicant, it will be necessary to prove that the individual was absent from the UK for no more than 548 days during the period before April 11, 2024 and no more than 180 days during any 12 months in the period after April 11, 2024.
The next step that determines whether you get permanent residence status is passing Life in the UK – a special test on the knowledge of life in England. It consists of 24 questions, all of which are freely available on the Internet, and therefore, they are easy to study and prepare to pass.
If you are in doubt as to whether you meet all the requirements of your current visa, or the ten-year pathway, we strongly recommend getting professional advice to ensure that all requirements are met and you can indeed qualify for permanent residence.
Before applying for Indefinite Leave to Remain (ILR), the applicant should make sure that he or she is solvent and ready to cover all the costs of the immigration fee. Careful filling out of all documents is a key detail, because in case of even the smallest mistake will definitely be denied, well, and the money back to the applicant will not return to the applicant. To avoid this, always use the services of lawyers in the field of immigration law: they will tell you about all the subtleties.
Every year the UK immigration legislation is amended and the rules set by the British authorities for obtaining documents on the basis of which immigrants can live, work or simply come to the country for a while as tourists, for example, become stricter. For this reason, it is extremely important to keep up to date with changes in immigration policy to stay informed.
Imperial & Legal’s website will help in this, where you can learn more about any question you are interested in this direction or consult a specialist of the company, who will tell you about all the subtleties depending on the visa chosen by the candidate.
When choosing an immigration lawyer in the UK, it is important to only go to firms regulated by the Immigration Advice Authority (IAA – old name OISC)
Imperial & Legal is a certified IAA regulated adviser, ensuring reliability and compliance with all UK immigration law requirements.
It should be noted that all migrant visas have certain restrictions, including on the period of absence from the UK. Most visas, as we mentioned earlier, have restrictions, except for spouse visas, or family visas.
In addition, it should be remembered that despite the fact that after obtaining a residence permit, any person is out of immigration control, which means that it does not impose any restrictions, absence from the country for more than two years, in most cases, deprives a person of the status of residence permit.
Even though having permanent residence status practically equalizes foreigners in rights with native Britons, their admission to citizenship still requires compliance with special and additional requirements.
Thus, citizenship requires:
Thus, if a citizen of a foreign country seriously intends to obtain citizenship but has to leave the country for some personal or family reasons, the period of stay abroad should not exceed 90 days per year during the 5 years preceding the application for citizenship
If the foreigner is married to a British citizen, only the last 36 months are taken into account before applying for a British passport. That is, it is not allowed to be absent from England for more than 270 days. But that’s not all: throughout this time you must strictly adhere to all laws, including immigration and criminal laws.
Although it is somewhat difficult to become a full British citizen, it is possible. To do this, in addition to the above requirements, you will need to provide letters of recommendation from at least 2 people who not only live there on a permanent basis but also know the applicant personally for at least 3 years. At the same time, the applicant himself must have lived in the country for a total of at least 5 – 6 years (of which with a permanent residence permit, as a rule, at least 12 months).
In addition, you should also consider the fact that there are completely different requirements for obtaining British citizenship, independent of the requirements for obtaining a residence permit.
As for the status of a British citizen, thanks to it the applicant is entitled not only to acquire a second passport and, respectively, the possibility to travel around the world without visas, but also to take part in elections in the country.
One of the fastest ways to achieve ILR is to apply for a Global Talent UK visa. This route is suitable for outstanding talent in science, technology, engineering, medicine, arts and culture. With this visa, a candidate can apply for ILR after 3 years (for those with ‘exceptional talent’ status) or 5 years (for those with ‘exceptional promise’ status).
A key advantage of Global Talent UK is that there is no requirement for investment or compulsory employment with a specific employer. However, to obtain a visa, you must go through a rigorous approval process from one of the authorized bodies such as Tech Nation, Arts Council England or the Royal Society.
It is worth noting that immigration rules are constantly changing, so it is advisable to consult Imperial & Legal.
Children who come to the UK with their parents are granted a residence permit with their parents, even if they are over 18 but still financially dependent on their parents. Please note that for children to receive a residence permit, it is necessary for both parents to obtain permanent residence, or one of the parents is still alive, or only one of the parents receiving a residence permit has taken care of the upbringing of the children.
The rules are very different for children born in the UK whose parents already have permanent residence or UK citizenship. In these cases, children become British citizens automatically, as soon as they are born.
If a child is in the UK on their own, for example on a student visa and is studying at school and then university, they should apply for a residence permit solely on the basis of their own journey or history. Say, switch to a work visa or Skilled Worker Visa and apply for a residence permit on that basis.
Usually, the British authorities refuse to grant permanent residence to foreigners for several reasons, among them:
The person is informed of the reason for the denial in a letter from the Home Office.
Further Leave to Remain or FLR is the formal name for a visa which is obtained as an extension of a previous visa and is a kind of further leave to remain in England. The term is indeed rarely used. Thus, FLR is a type of visa or residence permit and unlike a permanent residence permit, it is always issued for a certain period of time.
We will work with you to find a customised solution for your immigration, second citizenship, business, tax and other needs.
How to obtain UK citizenship
UK Family Visas: Spouse and Fiancé/Fiancée Visas
UK Graduate Visa
UK Student visas
Visas to the UK
British citizenship by investment