Residence permit in the UK: the first step to citizenship in a top-level country

What is UK permanent residence?

Permanent residence in England (permanent residence, Indefinite Leave to Remain, ILR or settlement) is a special immigration status that allows its holder without any restrictions:

1. Live in and travel within the United Kingdom.
2. Leave the country for up to 2 years and return to it.
3. Study, work, do business or simply relax in the UK, enjoying a comfortable and safe environment.

In his rights, a permanent British resident will not differ much from other Englishmen who were born and have lived their entire lives on the shores of Foggy Albion. But if permanent residence in England is not enough for you, then after a year of permanent residence on the islands in a new status you will be able to apply for British citizenship. A British passport allows you to visit more than 180 countries around the world without a visa, including the Schengen countries and the USA.

If you have not yet decided on the country you would like to immigrate to and are considering different options, our article on this topic will help you learn about other options for moving abroad for permanent residence.

Long-term visa – could it be an option to move to the UK?

Immigration through investment or opening your own business abroad is not suitable in your case? You may be interested in a standard long-term visa on grounds such as study or work.

UK law provides for a long-term Visitor visa from one to ten years. However, foreigners remain limited in their rights and can stay in the United Kingdom for no more than 180 days a year. Based on this visa, it becomes possible to apply for permanent residence in the UK.

This type of visa has a number of advantages, the only disadvantage of such immigration is a high percentage of refusals to issue a document. According to statistics, this figure reaches 11%.

Of the positively reviewed applications for UK visas:

• 77% are visas intended for short-term stays in the country.
• 8% of visas are issued to foreigners for the purpose of study.
• The rest are work and family visas issued to asylum seekers.

So a long-term visa is also an immigration option to the UK that cannot be discounted.

Who is eligible for permanent residence in England?

1. Spouses, partners or relatives of UK citizens and permanent residents who have lived in the country for at least 5 years.
2. Employees, businessmen and investors of foreign origin, as well as their immediate relatives after 5, 3 or 2 years of residence in the UK. The period of permanent residence in the country depends on the performance of the business or the size of investments in the economy.
3. Other foreign citizens who have legally resided in the British Kingdom for at least 10 years.

How does a British residence permit differ from permanent residence?

A residence permit or residence permit in England is a document that gives a foreign citizen the right to stay in the British kingdom for a long time. This document is usually a long-term visa, which, unlike a visitor visa, is issued by the British Immigration Department for several years. To avoid confusion, we will simplify our terminology as much as possible: in the UK, the concepts of a long-term visa and a residence permit can be equated.

Key differences between residence permit and permanent residence in the UK

1. Unlike a permanent residence permit, the immigration status of “residence permit” is limited in time. But some categories can be extended after the first visa expires.
2. Most long-term UK visas, with rare exceptions, restrict the holder's activities. For example, a Startup visa holder must devote all his working time to the development of his project so that the authorized organization does not revoke the letter of recommendation. Anyone who comes to Britain on a student visa cannot stop studying. And moving to the country on a family visa assumes that you will live with your English partner or spouse in peace and harmony.
3. Some long-term visa categories do not require the applicant to have a good knowledge of the English language and life in the United Kingdom. The Investor visa is issued for investments in the real sector of the British economy in the amount of £2 million and, perhaps, this is why the requirements for the candidate are not too strict. However, if after several years of stay the Investor wants to obtain a permanent residence permit, he will need to better integrate into society - learn the language and navigate local realities.

Please note that before you can apply for permanent residence in England, you will in any case need to first live in the Kingdom for several years with one or another residence permit.

Benefits of immigrating to the UK

• Fast visa procedure
• Highest standard of living in Europe
• Stable currency
• State guarantees for obtaining a residence permit
• Favorable taxation for residents
• Wide opportunities for international business
• Top private schools and universities
• Possibility of obtaining second citizenship for the whole family

The UK investment program is suitable for wealthy people who spend most of their time abroad and are willing to live in the country for more than six months. This is a great opportunity to conduct international business and purchase a profitable top company. In addition, in recent years, the UK has simplified the tax regime for residents and residence permit holders, so you can profitably optimize your taxes.

Our company’s specialists are always ready to help you choose the best way to obtain a residence permit or citizenship in Europe. If you have questions, leave them in the comments or contact our office directly.

Which visas lead to permanent residence in the UK?

The best way to answer this question is in the form of a table - please note that the period for obtaining British permanent residence can vary greatly depending on the type of visa.

Other long-term visas do not lead to obtaining a permanent residence permit in England, which does not at all exclude a transition to another category. For example, if your idea for a new business has proven itself, you can apply for an Innovator visa from the Startup category.

You can learn more about the features of visas that lead to British citizenship, the procedure for obtaining them and the opportunities that a British passport opens for its owner from our article on this topic.

Advantages of emigrating to England

England has fairly high social standards, good wages, quality education and medicine. Therefore, every year more and more foreign citizens come to it.

In addition, emigrating to the UK provides a number of advantages:

• the opportunity not to renounce citizenship in the Russian Federation (have dual citizenship);
• after obtaining a residence permit, the procedure for obtaining citizenship is simplified;
• a large number of existing social programs through which you can receive financial assistance;
• transparent tax system.

Not all emigrants can obtain a residence permit in England. There are only a few categories of the population that can qualify for such a permit:

1. Qualified specialists.
2. Investors.
3. Businessmen.
4. Persons who married subjects of the Kingdom.
5. Students.
6. Persons who wish to reunite with relatives living in the state.
7. Refugees.

Three mandatory conditions for obtaining permanent residence in England

Permanent presence in the country

You must not be out of the country for more than 180 days in any 12 months from the date you first arrived in England on a long-stay visa until you apply for UK permanent residence. If you have firmly decided to settle in the Kingdom from the very first days, but business periodically forces you to leave your second homeland, be sure to track the duration of your absence.

Good level of English proficiency

To obtain a permanent residence permit in the UK, you and your family need to know English at an Intermediate level, designated by the B1 index according to the Common European Classification of Language Proficiency.

The Intermediate level assumes that you can already express your thoughts quite freely in English, discuss everyday and work issues, and understand English speech spoken at a normal pace.

To confirm language proficiency, a test approved by the immigration service is taken. If you were already tested at B1 for your previous immigration status, you do not need to take the test again.

Those who can document that they have studied in English at a higher educational institution for more than 12 months and received an academic degree equivalent to a bachelor, master, candidate of science or higher do not need to confirm their level of knowledge in any way.

Taking the Life in the UK test

The applicant and his family must also pass a UK Life Test, which consists of 24 questions, some of which puzzle even natives of the British Isles. Fortunately, the test questions are publicly available and you can easily prepare for them if you wish.

How to get a UK residence permit

To obtain the right to long-term stay in the country, you need to apply for a residence permit in the UK, or a residence visa (Residence permit) of one of the types (the full list can be found on the website).

Residence permit through investment

An investor visa (Tier 1 (Investor)) - the British equivalent of a residence permit - is issued for investments of at least £2 million in government shares and bonds or the capital of companies registered and operating in the UK.

general information

The application is reviewed within three weeks. Spouses and dependent family members may also qualify for a visa. The cost of a Tier 1 (Investor) visa for the applicant and his family members (each) is £1,530. The cost of a visa extension is the same.

Restrictions and rights

Attracting budget funding is impossible. It is also not allowed to place investments through offshore companies and invest in companies engaged in real estate investment, construction or property management.

The visa allows you to study and work in the UK with the exception of certain professions (doctors, dentists, sports coaches, professional athletes).

To maintain residency status, an applicant may be outside the UK for a maximum of 180 days during the year.

Residence permit for entrepreneurs

An entrepreneur visa (Tier 1 (Entrepreneur)) is issued with a capital of at least £50,000 (if the source of funding is government-approved funds or venture capital firms) or £200,000 (if the source of funding is from other sources of funding).

The permit is issued for doing business in the UK for three years and four months and is renewable for 2–3 years. After five years of residence on a Tier 1 (Entrepreneur) visa, you can apply for permanent residence.

The Tier 1 Entrepreneur visa costs £1,204 if applying online or by post, or £963 if applying in person outside the UK.

Also in the UK there is a residence permit for representatives of foreign businesses (Representative of an Overseas Business visa), which is issued when opening a representative office or branch of a company in the country. Such a document is issued for three years and can be extended for another two. The cost of this visa is £546.

Is it possible to lose a permanent residence permit in England?

Permanent residence, like citizenship, can be lost in the UK. But since the procedure for obtaining permanent resident status itself is quite long and scrupulous, the system rarely fails. The British authorities rarely resort to extreme measures and only in flagrant cases of violation of the law. Although even those who are squeaky clean before the United Kingdom can have their right to reside in the country revoked if they received their permanent resident status as members of the violator’s family.

To enjoy the freedom of British permanent residence, all you need to do is:

• make sure that when applying for permanent residence, you did not provide the immigration department with false information about yourself and your dependents;
• in the status of a residence permit, try to integrate into British society: take your children to English kindergartens and schools, pay bills on time and not confine yourself only to the Russian diaspora;
• do not leave the UK for more than 2 years - otherwise your permanent residence status may be canceled and you will have to go through the entire path to obtain it again;
• not commit serious crimes and not engage in subversive and terrorist activities.

Procedure for obtaining a residence permit

The process of obtaining a temporary residence permit consists of the following stages:

• Before obtaining a residence permit, you must obtain a visa. Its type depends on the reason for the move. Consideration of the application at the embassy takes about four weeks.
• After receiving a visa, you can cross the border.
• Submission of documents for a residence permit is carried out at the office of the Ministry of Internal Affairs. The process takes 2-4 months.
• Usually the card is issued for 3 years, but there are exceptions. It can be renewed an unlimited number of times, provided that the basis is preserved.
• After 5 years you can apply for permanent residence.

When applying for a residence permit in the UK, you will need to undergo an interview, as well as a tuberculosis test, a language test and biometric data.

Documentation

Mandatory list of papers:

• application form;
• valid foreign passport;
• 2 color photos;
• tuberculosis test result;
• certificate of English language level;
• certificate of no criminal record;
• receipt of payment for health insurance;
• documents for housing (purchase or rent);
• statement of accounts confirming the availability of funds for living;
• receipt of payment of state duty.

Depending on the situation, the list is supplemented.

How to avoid making mistakes when moving to England and obtaining permanent residence?

As you have just seen, British immigration laws are nuanced and not particularly friendly to offenders. In order not to be refused a residence permit in England, and after some time to successfully complete the procedure for obtaining British permanent residence, you will need attention to detail and a good knowledge of insular law.

Of course, not everyone has such knowledge. Therefore, a reasonable option would be to seek advice from a time-tested law firm with strict clients. This way you will free your head for more important matters and minimize all possible risks. Imperial & Legal's qualified specialists have many years of experience in solving the most complex problems associated with moving to Europe. Our experienced lawyers will help at all stages of this sometimes difficult path - from obtaining a visa to England or other countries to selecting real estate, running your business and planning taxes. With the help of Imperial & Legal specialists, the UK will become your second home much faster.

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