The term Permanent Resident UK is often used to describe individuals with long-term residency rights, but it is not an official immigration status in the UK. The closest equivalent is Indefinite Leave to Remain (ILR), which allows a person to live, work and study in the country without time restrictions.
ILR can be obtained through various routes, including long-term work visas, family visas, and residence based on humanitarian grounds. EEA nationals who previously held EEA Permanent Residence were required to switch to Settled Status under the EU Settlement Scheme (EUSS) to maintain their rights after Brexit.
Holders of ILR or Settled Status can stay in the UK permanently but must be aware that ILR may be lost if they leave the country for more than two consecutive years. Those who wish to make their status more secure can apply for British citizenship after meeting residency and eligibility requirements.
What does ‘Permanent Resident’ mean in the UK?
The term Permanent Resident is often used to describe someone who has the right to live in the UK indefinitely. However, unlike some other countries, the UK does not officially grant Permanent Resident status. Instead, the closest equivalent is Indefinite Leave to Remain (ILR), which allows a person to stay in the UK without time restrictions.
ILR is granted to individuals who have lived in the UK for a qualifying period under an eligible visa category. It provides the right to work, study, and access public services without needing to apply for further visas. However, ILR can be lost if the holder spends more than two consecutive years outside the UK.
For EEA, Swiss, and EU nationals, the alternative to ILR is Settled Status, which was introduced after Brexit under the EU Settlement Scheme (EUSS). Those who had lived in the UK for at least five years by 31 December 2020 were eligible to apply. Although Settled Status functions similarly to ILR, it is tied specifically to those who benefited from EU free movement before the UK left the EU.
Some people assume that holding a visa for several years automatically grants permanent residence, but this is not the case. Most work and family visas require an ILR application before the holder can stay permanently.
For those looking to secure a long-term future in the UK, ILR or Settled Status is the necessary step towards residency without restrictions. Those who qualify for either status may also consider applying for British citizenship, which provides full rights, including the ability to apply for a UK passport. Understanding the correct immigration status is essential for avoiding issues with work, travel, or accessing services in the UK.
Routes to permanent residence in the UK
If you are looking to settle in the UK long-term, you will need to identify the most suitable immigration route, as visa requirements and settlement rules vary. There are several ways to secure ILR, depending on your visa type, length of residence and personal circumstances.
One of the most common pathways is through work-based visas. The Skilled Worker Visa, Global Talent Visa and many other business-related visas allow holders to apply for ILR after a qualifying period. Most require five years of continuous residence, though certain visas, such as the Global Talent Visa, may allow applications after three years.
For those with family ties to the UK, family visas offer another route. Spouses, civil partners and dependent relatives of British citizens or settled residents can apply for ILR after five years, provided they meet financial and residency requirements.
Long-term residents who have lived in the UK for ten continuous years under any legal visa could look at the Long Residence Route. This typically applies for those who may have switched between different visas but have built up ten years of lawful residence.
People granted asylum or humanitarian protection can also apply for ILR after five years, allowing them to stay in the UK permanently.
Some Commonwealth citizens with a UK Ancestry Visa can also qualify after five years of residence.
Applying for Indefinite Leave to Remain (ILR)
Indefinite Leave to Remain is the main form of settlement in the UK, allowing individuals to stay without time restrictions. It provides the right to work, study and access public services, and it is often a step towards British citizenship.
ILR is available to those who have spent a qualifying period in the UK under an eligible visa category. Applicants must meet certain ILR criteria, including proving continuous residence.
During the qualifying period, you cannot have been out of the country for more than 180 days in any given 12-month period. All types of travel are included in the absences calculation, for example business travel will be counted.
If you are absent for longer than 180 days, this would break your period of continuous residence, and the clock would effectively start again on your ILR qualifying period. Only where it can be shown there are ‘compelling and serious circumstances’ will longer periods of absence be discounted. Taking advice on your circumstances will help ensure you understand your eligibility and options.
You must also pass the Life in the UK test and have evidence you can speak English to the required standard.
There must also be no other reason or general ground for refusal. This includes issues such as having a criminal conviction or having previously breached the terms of your immigration category.
If you are in the UK as a Skilled Worker visa holder, you will need to meet the relevant minimum salary requirement, or the going rate for your role.
Indefinite leave to remain offers holders a route to UK naturalisation.
| Current category | Qualifying ILR period |
|---|---|
| Spouse or civil partner of a British Citizen or person settled in the UK visa | After 2 years for visas issued prior to 9 July 2012, after five or ten years if applied on or after 9 July 2012 |
| Unmarried partner | After 5 years |
| EEA Family Permit | After 5 years |
| UK Ancestry visa | After 5 years |
| Tier 1 (Investor) visa | After 2, 3 or 5 years depending on level of investment |
| Tier 1 (Entrepreneur) | After 3 or 5 years depending on the business activity |
| Tier 1 (Exceptional Talent) visa | After 3 years |
| Tier 2 visa | In limited circumstances only, after 5 years |
| PBS visa dependants | After 5 years |
| Retired Person visa | After 5 years |
| Discretionary Leave to Remain | After 6 years |
| Long residence | After 10 years continuous legal residency in the UK |
| Returning resident | If settled in the UK prior to departure and returning to the UK within 3 years of departure, they may be able to apply immediately on return |
| Turkish worker or businessperson | After 5 years |
ILR to citizenship
Those who hold ILR or Settled Status under the EU Settlement Scheme may be eligible to apply for British citizenship. Citizenship grants full rights in the UK, including the ability to apply for a British passport and the right to vote in all elections.
Most applicants must have held ILR or Settled Status for at least 12 months before applying. However, those who are married to a British citizen can apply as soon as they receive ILR or Settled Status, without waiting for a year.
If you have had ILR for 12 months, you can apply to naturalise as a British citizen. If you are the spouse or civil partner of a British citizen or a person with UK settled status, you can apply to naturalise as a British citizen as soon as you have been granted ILR.
The requirements for naturalisation as a UK citizen will differ depending on whether you are applying on the basis of your marriage or civil partnership with a British citizen, or otherwise.
If you are applying to naturalise as the spouse or civil partner of a British citizen, you will need to satisfy the following requirements:
- Be aged 18 or over
- Be of full capacity
- Have sufficient knowledge of English and about life in the UK
- Be of good character
- Have lived in the UK for a minimum of three years before applying and meet the other residence requirements
If you are applying to naturalise other than as the spouse or civil partner of a British citizen, you will need to satisfy the following requirements:
- Be aged 18 or over
- Be of full capacity
- Have sufficient knowledge of English and about life in the UK
- Be of good character
- Intend to continue living in the UK
- Have lived in the UK for a minimum of five years before applying and meet the other residence requirements
Read more about applying for British citizenship here >
Need assistance?
DavidsonMorris is a leading UK immigration law firm. Contact our team for advice on your circumstances.
Permanent Resident UK FAQs
Does the UK have Permanent Resident status?
The UK does not officially recognise Permanent Resident status. Instead, the closest equivalent is Indefinite Leave to Remain (ILR), which allows individuals to live and work in the UK without immigration restrictions.
What is the difference between ILR and Settled Status?
ILR is granted to those who have met residency requirements through work, family, or long residence routes. Settled Status is a form of indefinite leave specifically for EEA nationals and their family members who applied under the EU Settlement Scheme (EUSS) after Brexit. Both statuses provide the right to stay in the UK indefinitely, but they are granted under different rules.
Can ILR or Settled Status be lost?
ILR can be lost if the holder leaves the UK for more than two consecutive years. Settled Status under the EUSS can be lost after an absence of five continuous years (or four years for Swiss nationals). Those who lose ILR may need to apply for a Returning Resident Visa to re-enter the UK as a settled person.
Does having ILR or Settled Status mean I am a British citizen?
ILR and Settled Status do not grant British citizenship automatically. However, most people can apply for naturalisation as a British citizen after holding ILR or Settled Status for at least 12 months (unless married to a British citizen, in which case they can apply immediately).
What are the main routes to getting ILR?
ILR can be obtained through work visas, family visas, long residence (10-year route), UK Ancestry Visa, or asylum or humanitarian protection. Each route has its own eligibility criteria and residency requirements.
Can I apply for British citizenship after getting ILR?
Those with ILR or Settled Status can apply for British citizenship, provided they meet the residency, language, and good character requirements. Most applicants must wait 12 months after receiving ILR before applying.
What happens if my ILR expires or is lost?
ILR does not expire, but it can be lost due to long absences from the UK. If it is lost, a person may need to apply for a Returning Resident Visa or seek a new visa if they wish to live in the UK again.
Glossary
| Term | Definition |
|---|---|
| Indefinite Leave to Remain (ILR) | A form of settlement in the UK that allows individuals to live and work without immigration restrictions. |
| Settled Status | A status under the EU Settlement Scheme (EUSS) for EEA nationals and their families, allowing them to stay permanently. |
| EU Settlement Scheme (EUSS) | A scheme that provided a route to Settled or Pre-Settled Status for EEA nationals following Brexit. |
| Pre-Settled Status | A temporary status granted under the EUSS to EEA nationals who had not yet met the five-year residence requirement. |
| British Citizenship | The legal status that allows a person to hold a British passport and enjoy full rights as a UK citizen. |
| Returning Resident Visa | A visa that allows former ILR holders who have been absent for more than two years to apply to return to the UK. |
| Long Residence Route | A pathway to ILR for individuals who have legally lived in the UK for at least ten continuous years. |
| Skilled Worker Visa | A work visa that allows skilled non-UK nationals to work in the UK for a licensed employer and apply for ILR after five years. |
| Home Office Online Status Checker | A digital system used to verify immigration status for employment, rental agreements, or public services. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
