7. Permanent Residency
This section relates to those who have the right to live in the UK either temporarily or permanently, and illustrates the various routes available. Generally, an applicant will have to spend a set period of time (typically two to five years) meeting the criteria of their chosen immigration status in order to qualify for Indefinite Leave to Remain in the UK. Once they have completed this qualifying period, they will be entitiled to remain in the UK permanently. Following one year of Indefinite Leave, the applicant may wish to apply for British Citizenship.
The majority of our customers got their permanent residence visa through SET(O) route. You must have lived legally in the UK for a specified length of time before you qualify to apply for permanent residence. This period depends on which category you are in.
Subject to Parliamentary approval, the rules for settlement in the UK will change on 6 April 2011.
We will tighten the current settlement criteria by introducing the following changes:
- A new criminality threshold. Applicants will need to be clear of unspent convictions when they apply for settlement.
- A new income requirement. Tier 1 (General) migrants will need to meet the same income criteria that applied when they last extended their permission to stay in the UK. Migrants who have been in Tier 2 (General) or Tier 2 (Intra company transfer), or who have held work permits, will need to be paid the appropriate rate as stated in our codes of practice.
- Reform of the English language requirement. Migrants in Tier 1, Tier 2 and their precursor routes will need to pass the Life in the UK test rather than an ESOL with citizenship course. Transitional arrangements will apply.
An accelerated route to settlement for Tier 1 (Investor) and Tier 1 (Entrepreneur) migrants who meet enhanced criteria.
British Citizenship is one of six different types of British Nationality. These are, British Citizenship, British Overseas Citizenship, British Overseas Territory Citizenship, British National (overseas), British Protected Person, and British Subject. Commonly we deal with clients who have completed all requirements and are now seeking to apply for 'naturalisation' as a British Citizen.
The usual requirements for being naturalised as a British Citizen are:
Aged 18 or over.
You are of sound mind.
You intend to continue to live in the United Kingdom.
You can communicate in English, Welsh or Scottish Gaelic to an acceptable degree.
You have sufficient knowledge of life in the United Kingdom.
You are of good character.
You meet the residential requirements.
Attend a Citizenship ceremony.
Residential Requirements
You have been in the UK for either three years (spouse) or six years (Tier 1, Work Permit etc) prior to the date of your application. This period of three to six years is also known as the residential qualifying period, and consists of a set period of limited leave (two to five years), followed by one year of Indefinite Leave to Remain in the UK. You have not spent more than 90 days outside the United Kingdom during each year of the qualifying period. You have not been in breach of the Immigration rules at any stage during the five-year period.
Attending the Ceremony
When you arrive at the ceremony, the local authority staff will check your identity and confirm that the personal details entered on your certificate are correct.
During the ceremony, speeches will be made. These may include welcoming the new citizens on behalf of the local area and encouraging them to play an active role within their communities.
You will be presented with your certificate of British citizenship and a welcome pack.
All new citizens are invited to stand while the national anthem is played.
Some local authorities arrange for photographs or videos of the event to be available for you to buy.
DISCLAIMER: The information contained on this website is for general guidance ONLY.
We are not responsible for any loss or expense which results from relying on this information.
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