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What is the difference between indefinite leave to remain and permanent residence?

Often used interchangeably, permanent residence and Indefinite leave to remain are similar in nature but different from the perspective of which route

Often used interchangeably, permanent residence and Indefinite leave to remain are similar in nature but different from the perspective of which route one has taken.

Understanding Permanent Residence

All the EU citizens, EEA and Swiss citizens, including their  family members, have full right to acquire an automatic right permanent residence status. This PR status allows them to legally reside in the UK for 5 years.

Before the free movement ended with the European Union, it was not necessarily required for EU nationals to apply for a permanent residence but now after the free movement has ended, all EU nations must apply for a permanent residence card to prove their UK status. This PR document is required to apply for British citizenship or other administrative work.   

Now, the important thing to note is that EU nationals must register to get their EU settled status.

How can you achieve Permanent residence status?

As an EEA national if you have lived in the UK for a period of 5 years or more you directly qualify for permanent residence. 

Understanding EU settled status?

The free movement has ended and following Brexit there have been huge changes in the UK immigration and visa system.

Under the new points-based immigration system, every EU national will now need relevant permission in the form of a visa to enter and stay in the UK. 

All the zeu nationals or their dependents must apply for their settled status by 30.06.2021 to secure their indefinite Leave to Remain in the UK.

When the UK visa and immigration allows EU nationals to stay, work and study in the UK, it means that they are also eligible to access public funds, seek pension, and take benefits from the health and medical care facilities.

EU nationals may come to work in the UK but they will still be under the Right to work check by the UK employer. Their work check will be treated as any overseas employee.

They too will need to provide all relevant documentation when they join the workforce.

What is Indefinite Leave to Remain?

Indefinite Leave to Remain in an immigration status granted to a non-EEA citizen who seeks to settle in the UK for a long period of time without any immigration restrictions.

The Indefinite leave to Remain is not dependent on the European Union policies, it is rather directly controlled and regulated by the United Kingdom immigration regulations and laws.

How can you achieve ILR?

Once you have lived in the UK for 5 years on any visa either work or study then you can easily qualify for securing an Indefinite Leave to Remain.

The only exception to this is that you must not remain outside the UK for more than 180 days in your 5 year qualifying period else your ILR is subject to rejection.

Route to British Citizenship

EU, EEA and Swiss citizens who are above 18 years of age and have held a valid permanent resident status in the UK for at least 12 months, and hold a permanent residence document issued from the UK visa and immigration, can be eligible to apply for British citizenship through the process of naturalisation, provided they fulfil all the eligibility criteria.

Need expert legal advice

You must seek expert advice from the best immigration lawyers. When it comes to UK visa and immigration A Y & J Solicitors have been industry experts for over 10 years now. They have helped over 4000 clients meet their required visa and work permit to the UK.

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