Citizens of foreign countries may be entitled to apply for Permanent Residence in the UK if they satisfy certain criteria. The requirements, however, are strict and complex.

With so much at stake for you and your future, it is important to seek legal advice early on the options open to you for your specific circumstances, to avoid delays and improve your chances of making a successful application for Permanent Residence.

What is Permanent Residence?

Permanent Residence grants an applicant the right to live, work and study in the UK without any immigration restrictions, while still holding a foreign citizenship and passport.

Permanent residence holders can over time become entitled to apply for naturalisation, or British Citizenship, if they meet further criteria.

Since November 2015, EEA citizens wishing to apply for British Citizenship must first hold Permanent Residency.

Am I eligible for Permanent Residence?

The type of UK visa you hold will dictate when you become eligible to apply for Permanent Residence:
  • Partner of a British Citizen or Person settled in the UK visa: after two years for visas issued prior to 9 July 2012, after five or ten years if applied on or after 9 July 2012
  • Tier 1 visa: after five years
  • Tier 2 visa: in limited circumstances only, after five years
  • UK ancestry visa: after five years
  • Retired Person visa: after five years
  • EU nationals and dependants: after 5 years
  • Discretionary Leave to Remain: six years
  • Long residence: after ten years continuous legal residency in the UK
  • Returning resident: if settled in the UK prior to departure and returning to the UK within two years of departure, then may be able to apply immediately on return
You will need to be free of any unspent convictions irrespective of your visa type.

What will I need to show to apply for Permanent Residence?

As part of your application you will need to:
  • Provide supporting evidence of your eligibility
  • Pass a recognised English language test
When completing the application form for your Permanent Residence card, you will also have to provide biometric information.

In the 12-month period prior to your application, you should aim to not be outside the UK for more than 90 days, and no more than 180 days in any prior consecutive 12-month period, with limited exceptions.

What you need to know about Permanent Residence

There is no time limit on Permanent Residence, but to keep your residency valid, you must adhere to a number of requirements. This includes avoiding spending periods of more than two years outside the UK, as this may lead to the loss of your Permanent Residence status.

Permanent Residence may also be revoked if you commit an offence that could lead to you being deported from the UK, or for reasons of national security.

Currently the Home Office advise that most applications take four to six months to be processed. The waiting time for appointments for a same-day decision is between four to six weeks.

How we can help you

At Zenith Solicitor we have the experience to advise you on the most appropriate type of application for your individual circumstances and have the insight to make the application process as smooth as possible.

How we can help you? If you have believed that you fulfill all the requirements of application or need the advice to assess your immigration matter or have other immigration issues relating to you/your family members, just give us a call or drop an email and leave the rest to us.

Call Zenith Solicitor today for free advice on Immigration and Nursing law, or for information on our other services;
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