Permanent Residence in the UK

The official term is Indefinite Leave to Remain in the UK, and this means that a person has acquired the right to stay in the UK without any time limit, and with freedom to work, or run a business, and generally to do the things that a British Citizen can do.

One restrictive aspect of Permanent Residence however, is that, if the holder of the residence travels abroad, and does not return within two years, then the right to return and reclaim the residence will almost certainly be lost. If you are in this situation, and have been away for just over two years, then, depending on how long you lived here previously, and other factors, you may still be able to reclaim the residence. Contact us with details if this applies to you.

In some cases, if the holder of the residence travels often, and spends more time out of the UK than in the UK, even though they have not been away for two years, the Permanent Residence can be taken away. People in this situation, who may lose their residence, should take advice to see how they should avoid this problem.

The status of Permanent Residence can also be taken away, for instance, if the holder has committed very serious offences, or has become a “security problem”.

How does a person living temporarily in the UK acquire Permanent Residence? If the temporary residence held is for long term work or business, or for investment in the UK, or because of marriage or relationship to a person living here, or means that the applicant has spent over 10 years living lawfully in the UK on continuous temporary residence permits, then an application can be made to stay permanently. Not all categories lead to Permanent Residence, and advice should be sought to check the position before making an application.
Please note the new rules that apply from APRIL 2007, which will require all adult applicants for indefinite leave to remain to prove ability to speak English, and to have sufficient knowledge of life in the UK.