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Residence permits and permanent residence in the UK: an overview of the ways to obtain them

For many people, coming to the UK is not just a dream, but a genuine prospect for the future, not only for themselves, but likely 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, rich history and culture, a well-developed transport infrastructure and other benefits. In fact, obtaining a residence permit or even becoming a British citizen is not as impossible as many once believed. The government has responded to this demand by developing appropriate immigration programmes, which enable candidates to access employment with a fairly decent salary even at the initial stage.

Residence permit and permanent residence in the UK are different legal statuses relating to the right to reside in the country.

  1. Temporary residence permit (Temporary Leave to Remain, Further Leave to Remain – FLR or Pre-Settled Status)
    • This is a visa or status that allows you to live, work and study in the UK for a limited period.
    • Usually issued for a period of 2 to 5 years, depending on the visa category.
    • In most cases an extension is required if the individual wishes to remain in the country.
    • The holder of a temporary residence permit is generally not eligible for government benefits and must comply with the terms of their visa.
    • Examples of visas granting temporary residence include: the Skilled Worker visa, Student visa, and Global talent visa.
  2. Permanent Residence (Indefinite Leave to Remain – ILR or Settled Status)
    • Grants the right to live in the UK permanently and without restriction.
    • The holder of ILR can work and live in the country without any immigration conditions or limitations.
    • It allows the holder to apply for British citizenship (usually 12 months after obtaining ILR).
    • ILR status can be lost if the person leaves the UK for more than 2 consecutive years. (If the individual is settled under the EUSS scheme this period is 5 years).
    • It can typically be obtained after 3 to 5 years of residence under certain visa categories (e.g. Skilled Worker visa, Family visa).
CriteriaRESIDENCE PERMIT (LTR)SETTLEMENT (ILR)
Expiration dateLimited (usually between 2 to 5 years)Indefinite
Can it be lost?Yes, if not renewed or in violation of visa conditions it can be revokedYes, if absent for 2 or 5 years
Access to benefitsNoYes
Can I qualify for British citizenship?NoTypically in 12 months
Work restrictionsDepends on a visa typeNo

Residence permit in Britain: who is entitled to apply for it?

Holding a residence permit  allows a foreign national to live in the UK for at least several years, depending on the type of visa and its period of validity..  Specially developed immigration programmes facilitate relocation, and these can generally be divided into three categories: family, educational, and professional. Each individual must determine which pathway is most suitable based on their occupation, interests, priorities, and personal aspirations.

  • A foreign national who wishes to marry a British citizen or a person with Permanent Residence status in the UK is offered several options under the family visa category, including:
    • Applying for a Spouse Visa (for a husband or wife);
    • Applying for an Unmarried Partner Visa, when the couple is not legally married but has been living together for at least two years;
    • Applying for a Fiancé(e) Visa (for a bride or groom).

In the first two cases, residing in the UK on the basis of these visas for five years makes it possible to apply for Permanent Residence. In most cases, this then leads to eligibility for British citizenship.

A Fiancé(e) Visa is issued for a period of six months, during which time the couple must enter into a legally recognised marriage. After marrying, they can apply for a Spouse Visa and begin the five-year pathway to permanent residency.

Children or parents may also join family members who hold a UK residence permit or citizenship via similar family visa routes. In exceptional circumstances, adult relatives may apply for a UK visa if it can be clearly demonstrated that they cannot receive the necessary care and support in their home country.

By the way, holding a residence permit in the United Kingdom grants foreign nationals a range of significant privileges. For instance, their children can access some of the best nurseries, state and even private schools, as well as higher education institutions.  In addition, residents are free to leave and re-enter the country without restrictions, and they are entitled to free, high-quality medical care provided by the NHS just like British citizens. They are also entitled to take part in property transactions, including renting and purchasing real estate, as well as opening a bank account, obtaining a UK driving licence, and subsequently purchasing a vehicle.

Thus, spouse and civil partner visas allow for legal residence in the UK with a pathway to obtaining permanent residence. In the case of a fiancé(e) visa, once the marriage has taken place, the individual must switch to a spouse visa in order to remain in the country legally.

Student visas

When it comes to pursuing education in the UK, there are specialised programmes designed for students aiming to obtain a diploma from some of the country’s top higher education institutions. This also provides an excellent opportunity to improve your English, which is crucial for future employment. A Student visa is a suitable option, valid for the entire duration of your studies and extending for four months after completion.

However, under the recently revised immigration rules, only the spouse and children of a student studying at PhD level are eligible to apply for a visa to join the main applicant in the UK.

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 count towards a special category under which it is possible to apply for permanent residence after 10 years of lawful residence in the country. For example, after graduation, it is possible to apply for a Graduate Visa, which grants the right to work in the UK for two years (three years for PhD graduates). To eventually obtain a permanent residence permit, you must switch to another visa category, such as the Skilled Worker Visa, and reside in the country for the required period.

Work visas

There are other, no less effective, visas in this regard, one of which is the UK Expansion Worker visa. While it does not lead to permanent residence status over time, this is no reason to despair. If you successfully run your business in Britain, the authorities may allow you to switch to another work visa, the Skilled Worker visa, which is intended for qualified professionals. After five 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 relevant salary and qualification requirements.

However, it is important to bear in mind that this visa is not suitable for everyone, as it targets highly qualified specialists who are urgently needed by the British state. Below is a partial list of such professions, including:

  • Teachers;
  • Doctors;
  • Social workers;
  • Engineers;
  • Firefighters.

Global Talent Visa

The Global Talent visa offers an opportunity to establish yourself as a talented specialist in the fields of digital technology, science, or culture. A distinctive feature of this programme is that:

  • You are not required to be employed directly by a UK firm or organisation in order to obtain it;
  • There are no quotas for visas (the number issued is unlimited, unlike other similar types of visa);
  • You are not required to work exclusively for one employer;
  • You can apply for a residence permit an unlimited number of times (it is not critical if you are unsuccessful on your first attempt);
  • Family members are eligible for dependent visas, allowing them to move to the UK with you.

Innovator Founder visa

This visa category is also available to certain individuals seeking a residence permit, including workers and entrepreneurs. It presents a valuable opportunity in the form of the Innovator Founder visa. Its main purpose is to support the development and implementation of innovative business ideas and projects, even in cases where funding is not available at the initial stage. The investment requirements may vary.

To participate in this programme, an applicant must propose a unique business idea accompanied by a detailed step by step implementation plan. A residence permit is granted for a period of three years, during which the holder is permitted to take up official employment under a contract with an employer. If the applicant has a family, they may also move to the UK. The spouse is allowed to work freely, and children (under the age of 18) may enrol in both private and state educational institutions, where they can receive a high-quality education.

After three years, it is possible to apply for permanent residence, and after a further two years, for a British passport.

A key requirement for this visa is proficiency in English, typically at B2 level according to the Common European Framework of Reference for Languages (CEFR). In addition, applicants must show they have had at least £1,270 in personal savings during the 28 days prior to applying.

Permanent residence may be granted after three years, but only if the applicant’s business has shown strong performance and demonstrable growth during this period.

Investment visas

For those wishing to invest in the country’s economy from abroad, the Tier 1 Investor visa was historically the most in demand. However, it ceased to be valid as of 17 February 2022. As a result, the possibility of extending this visa remains only for those who managed to obtain it before its closure. These individuals may still apply for permanent residence and bring their family members to the UK. For more information on this matter, please visit the official government website.

How to Get a Residence Permit in the UK

Obtaining a permanent residence permit is the next step in the UK immigration journey. In general, most visas that entitle you to reside in the UK also entitle you to apply for a residence permit, provided that you meet all the specific requirements of the visa in question.

One of the main disadvantages of holding permanent residence status in the UK is that you cannot travel to other countries without a visa. This privilege is reserved for British citizens.

The fundamental rule for obtaining permanent residence status (Indefinite Leave to Remain or Settlement) in the UK is strict compliance with all the conditions of your visa. Even the slightest breach of the rules or obligations can result in the loss of eligibility, wasting time, money, and effort. For example, one of the key requirements for almost all visa types is that the applicant must not be absent from the UK for more than 180 days in any rolling 12-month period. These requirements generally do not apply to family visas.

The qualifying period before applying for permanent residence depends on the type of visa and the conditions attached to it. For instance, Skilled Worker visa holders may apply after five years of continuous residence. Global Talent visa holders may be eligible after either three or five years, depending on their specific field. In most cases, the standard qualifying period is five years.

Each visa has its own specific requirements for obtaining a residence permit. For example, an investor must not withdraw their investment during the entire validity period of the visa. If this occurs, they lose the right to extend the visa or obtain a driving licence. A Skilled Worker must demonstrate that they earn at least the minimum salary required by law to qualify for a residence permit. A Global Talent visa holder must show that they have been earning income in the UK for at least six months in their field of expertise.

In addition to the specific requirements of each visa category, there are also general requirements that apply to all. To obtain a permanent residence permit, applicants must pass an English language proficiency test at level B1 or higher, according to the Common European Framework of Reference for Languages (CEFR). Furthermore, they must pass the Life in the UK test, which assesses knowledge of British history, culture and society. If an English language test was already passed when applying for the initial visa, it may be counted towards this requirement.

UK legislation also provides for the so-called ten-year pathway, which allows individuals who have lived in the UK legally and continuously for ten years on various types of visas to apply for permanent residence on that basis alone. For the purposes of this pathway, most visa types excluding tourist visas are considered. Applicants must demonstrate that they were absent from the UK for no more than 548 days during the period before 11 April 2024, and no more than 180 days during any 12-month period after that date.

The final step in obtaining permanent residence status is passing the Life in the UK test, a formal assessment of knowledge about life in Britain. It consists of 24 questions, all of which are publicly available online, making it relatively straightforward to study and prepare for.

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.

Vasily Kluev
Client Service Director, Immigration Adviser (IAA)

Before applying for Indefinite Leave to Remain (ILR), the applicant should make sure that they are solvent and ready to cover all the costs of the immigration fee. Careful completion of all documents is a key detail, because even the smallest mistake will definitely lead to a refusal, and the money will not be returned to the applicant. To avoid this, always use the services of lawyers specialising in immigration law: they will explain all the subtleties.

General Requirements

Every year UK immigration legislation is amended, and the rules set by the British authorities for obtaining documents allowing immigrants to live, work, or simply visit the country as tourists become stricter. For this reason, it is extremely important to keep up to date with changes in immigration policy to stay informed.

The Imperial & Legal website will help with this, where you can learn more about any questions you may have or consult a company specialist who will explain all the details depending on the visa chosen.

When choosing an immigration lawyer in the UK, it is important to only use firms regulated by the Immigration Advice Authority (IAA — formerly known as OISC).

  • Legitimacy: only licensed consultants can provide immigration services without the risk of fraud.
  • Quality: IAA supervised companies meet high standards and are regularly audited.
  • Protection of rights: clients are guaranteed confidentiality and can file complaints in case of violations.
  • Minimising the risk of refusal: professionals help ensure your paperwork is correct, increasing your chances of success.

Imperial & Legal is a certified IAA regulated adviser, ensuring reliability and compliance with all UK immigration law requirements.

Limitations on Absence

It should be noted that all migrant visas have certain restrictions, including on the period of absence from the UK. Most visas, as mentioned earlier, have restrictions — except for spouse or family visas.

In addition, it should be remembered that, even though after obtaining a residence permit a person is generally outside immigration control and thus not subject to restrictions, absence from the country for more than two years in most cases leads to loss of residence permit status.

Nationality

Although having permanent residence status practically equalises foreigners’ rights with those of native Britons, naturalisation still requires compliance with specific additional requirements.

Citizenship requires:

  • Having lived in the UK for at least five years (or at least three years if married to a British citizen or national);
  • Having held permanent residence for at least 12 months (this does not apply if married to a UK citizen);
  • Proving that the applicant has been absent from the country for no more than 450 days in the five years preceding the citizenship application (270 days in the three years preceding the application if married to a British citizen).

Therefore, if a foreign citizen seriously intends to obtain citizenship but must leave the country for personal or family reasons, their time abroad should not exceed 90 days per year during the five years before applying.

If the applicant is married to a British citizen, only the last 36 months are counted before applying for a British passport. During this period, they must not be absent from the UK for more than 270 days. Moreover, they must strictly adhere to all laws, including immigration and criminal laws.

Although becoming a full British citizen is somewhat challenging, it is possible. In addition to the above requirements, you will need to provide letters of recommendation from at least two people who live permanently in the UK and have known the applicant personally for at least three years. The applicant themselves must have lived in the country for a total of at least five to six years (including at least 12 months with a permanent residence permit, as a rule).

Additionally, you should be aware that the requirements for obtaining British citizenship differ significantly from those for obtaining a residence permit.

As a British citizen, you are entitled not only to obtain a British passport, allowing you to travel visa-free around the world, but also to participate in elections in the UK.

FAQs about Residency and Permanent Residency in the UK

What is the fastest way to obtain ILR?

One of the fastest ways to achieve Indefinite Leave to Remain (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 three years (for those with ‘exceptional talent’ status) or five years (for those with ‘exceptional promise’ status).
A key advantage of the Global Talent UK visa is that there is no requirement for investment or compulsory employment with a specific employer. However, to obtain the visa, you must go through a rigorous approval process from one of the authorised 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.

Can early career foreigners qualify for a residence permit?

Children who come to the UK with their parents are granted a residence permit with their parents, even if they are over eighteen but still financially dependent on their parents. Please note that for children to receive a residence permit, both parents must have permanent residence, or one parent is still alive, or only one of the parents receiving a residence permit has been responsible for 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 studying at school and then university, they should apply for a residence permit solely on the basis of their own journey or history. For example, they may switch to a work visa or Skilled Worker visa and apply for a residence permit on that basis.

In what cases is a candidate rejected when applying for a residence permit?

Usually, the British authorities refuse to grant permanent residence to foreigners for several reasons, including:

  • Breach of immigration law, resulting in removal from Britain;
  • Concealment of true data when submitting the application, or making mistakes.

The applicant is informed of the reason for refusal in a letter from the Home Office.

What is FLR and how is it different from ILR?

Further Leave to Remain, or FLR, is the formal name for a visa obtained as an extension of a previous visa and is a type of further leave to remain in the UK. The term is rarely used. FLR is a type of visa or residence permit and unlike a permanent residence permit, it is always issued for a limited period.

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