Acquiring “indefinite leave to remain” or permanent residence in the UK can enable non-British citizens to settle here more securely. However, the path involves meeting strict eligibility rules, navigating lengthy processing times, and paying substantial fees. We’ll explore key aspects of pursuing indefinite leave to remain or permanent residence status.
Indefinite Leave to Remain: Gaining Official Permission to Stay in the UK Long-Term
For non-British citizens hoping to remain in the UK indefinitely, two main options exist – “indefinite leave to remain” and permanent residence status. Both require living in the UK legally for several continuous years. They also necessitate proving one can financially support oneself without relying on public funds.
Once granted by UK Visas and Immigration (UKVI), indefinite leave to remain or permanent residence gives non-British citizens the right to stay in the country indefinitely. These individuals no longer need periodic visa renewals. Their immigration status becomes more settled and secure.
Indefinite Leave to Remain vs Permanent Residence in UK
Indefinite leave to remain and permanent residence share similarities. However, some key differences exist between these two long-term UK immigration statuses.
UK Residency Requirements
Gaining either status involves meeting minimum UK residency period rules. For indefinite leave to remain, one must legally live in the UK for 5 continuous years. Permanent residence has a stricter requirement of 5 years’ “continuous residence.” This means spending no more than 180 total days abroad during those 5 years.
Work and Financial Conditions
Applicants for both statuses cannot access public funds to meet the financial requirements. However, the specifics differ slightly. Those seeking permanent residence cannot have recourse to public funds at all during their 5 years here. For indefinite leave to remain, the no public funds reliance rule only applies during the last 3 months before applying.
When it comes to employment, permanent residence applicants must either:
Be a worker or self-employed person in the UK, or
Have comprehensive sickness insurance and enough resources not to become a burden on the UK social assistance system
These stipulations come from the Immigration (European Economic Area) Regulations 2016. They only apply to permanent residence, not indefinite leave to remain applicants.
Permission to be Away from the UK
Once granted indefinite leave to remain, individuals can normally spend up to 2 years consecutively outside the UK without losing this status. That duration reduces to 5 years for permanent residence holders before expiry concerns arise.
Pathways to UK Citizenship
A key advantage of securing indefinite leave to remain or permanent residence lies in the pathway such statuses offer towards British citizenship.
Indefinite leave to remain holders can typically apply for naturalization as a British citizen after 12 months. For permanent residents, the minimum period is often just 6 months of additional UK residence.
Those ultimately seeking a British passport should research if indefinite leave to remain or permanent residence better aids their specific situations.
Paying Fees for Long-Term Immigration Applications
Whether applying for indefinite leave to remain or permanent residence, substantial fees apply which often raise eyebrows.
As of November 2022, seeking indefinite leave to remain directly from within the UK costs:
£2,389 per adult applicant
£1,206 per child under 18
The fees differ slightly for European Economic Area nationals applying for permanent residence:
£2,389 per adult applicant
£1,206 per child under 18
No fee for children under 21 in full-time education
Applicants should check UKVI’s website to confirm current pricing. Instalment plans may be available in certain situations to ease the burden of these sizable charges.
How Long Do Indefinite Leave to Remain and Permanent Residence Applications Take?
In addition to high fees, prospective indefinite leave to remain and permanent residence holders must brace themselves for lengthy processing times.
Applying from within the UK, most indefinite leave to remain cases take around 6 months for UKVI to decide. The stated service standard allows authorities up to 6 months.
For permanent residence applications, UKVI’s service standard extends even longer. They advise to allow up to 12 months for a decision.
The actual time often proves shorter, but delays definitely occur. Applicants should factor these potential wait times into their plans and expectations.
Maintaining Continuous Residence During Processing
While UKVI decides immigration applications for indefinite leave to remain or permanent residence, maintaining continuous legal UK residence remains essential. Having an active, valid visa ensuring compliance with all its conditions allows applicants to continue residing in the country legally during processing.
Without a visa, the consequences can jeopardize entire applications. Those living in the UK unlawfully face prospects of detention and removal. Remaining continuously resident while applications proceed stands vital for those seeking long-term settlement.
Use a Legal Professional When Applying
Given the financial costs and processing complexities surrounding indefinite leave to remain and permanent residence applications, seeking legal help often proves prudent.
UK immigration lawyers and advisors can assist with:
Ensuring applicants meet the eligibility criteria before applying
Collating the necessary evidence confirming eligibility
Checking required residency calculations where appropriate
Preparing the strongest possible applications to convince UKVI
Providing support if any complications emerge
For those needing to understand differently worded Immigration Rules spanning hundreds of pages, just navigating UKVI’s website can prove overwhelming. Let alone compiling a convincing application capable of overcoming strict assessment scrutiny and prolonged processing delays. Professional assistance helps applicants present their best cases while avoiding easily made mistakes.
Consider All Aspects Before Applying
As outlined above, acquiring indefinite leave to remain or permanent residence brings major benefits. Once granted, non-British citizens gain the long-term right to keep living in the UK under more assured and settled conditions.
However, actually attaining either status involves clearing elaborate hurdles. Costly fees, stringent eligibility criteria, tedious evidence gathering, extensive processing times and always possible refusal risks must enter any calculus. Contingency plans help applicants avoid jeopardizing current immigration statuses should applications prove unsuccessful for any reason.
For those able and willing to persist through the process, reaping the rewards of indefinite UK access and streamlined paths to British citizenship may merit the effort. Just be sure to appreciate the full scope of requirements and patience levels likely required for success.