UK Residency for Irish Citizens

If you are a non-Irish citizen who has been living in Ireland, and/or live in Ireland by way of an Employment Permit, Long Stay D Visa, Short Stay C Visa, or any additional type of Irish immigration visa, you will need to apply for permanent residency in the UK.

Permanent residence in the UK is typically granted to persons who have lived in the UK with a valid visa for a minimum of 5 years or 60 months, and are interested in staying in the UK indefinitely.

As it takes a significant amount of time, the process requires patience and hard work.

As it takes living in the UK for 5 years, the following visas can lead to this happening:

• Spouse visa (after 5 years )
• Unmarried/civil visa (after 5 years)
• Tier 1 visa / UK work permit (after 5 years)
• UK ancestry visa (after 5 years)
• European Union (EU) citizens and their family members (after 5 years)
• Long residence (after 10 years continuous, legal residency in the UK)
• Family members such as married partners, unmarried partners, and children under 18 when they first applied, can apply for ILR after spending 5 continuous years in the UK through a visa of the points-based system
• Temporary Workers under a Creative and Sporting visa (T5) are eligible after spending 5 continuous years in the UK

When you book the life in UK exam, you must provide an email address, pay with a valid debit or credit card, and show an accepted form of ID. Accepted ID is a valid passport, a valid travel document with a valid official photo identification (you cannot use an emergency travel document), biometric residence permit, biometric, and/or residence card.

You cannot bring any friends/ or family members with you to the test and you must score 75% or more to pass.

If you pass, you’ll get a ‘unique reference number’. You’ll need this number to complete your permanent residency or citizenship application. The Home Office will use the reference number to check that you’ve passed.

If you fail the test, you have to wait 7 days before taking the test again, but you can take the test as many times as you need to and you will need to book and pay again each time.

The standard time for ILR applications is up to 6 months. There is optional super-priority processing, which takes 24 hours but costs an additional £800 and priority processing which is 5-day processing but costs an additional £500. This is only available when eligible.

Applications for ILR are all completed online, from inside the UK and you must ensure that the correct application form is chosen, which will depend on each immigration category you are applying to, based on your visa.

It is important to have all information in your application accurate, and applicable to your case – which is where Total Law can help you to create a solid application.

The most common forms of online application are:

• Apply to Settle in the UK including work-based categories, known as SET O application
• Apply for ILR based on Long Residence in the UK, known as SET LR
• Apply to settle as the partner or parent of a settled person, known as SET M.

You are required to provide the following documents when applying for ILR ( This is not an exhaustive list and it could be different depending on different visa types):

• Your valid passport
• Evidence of your current valid method of living in the UK (i.e. your visa that is not expired)
• Proof of all absences and trips from the UK
• Payslips from your employer to prove you meet the minimum income requirements (for Skilled Workers)
• Proof you meet the English language requirement
• Have passed the Life in the UK test
• Provide biometrics (varies on application type)

You must make a solid application that includes all of the required documents to avoid having your application refused, which can cause plenty of issues and concerns for families.

Common reasons for refusal include:

• Incorrect or insufficient documentation
• Incorrect or incomplete application
• Failure to provide additional documents or information within a specified period, if you are requested by the UK Visas and Immigration to do so.

If your ILR application is refused, there are options including:

• Resubmitting your ILR application
• Appealing against the decision
• Lodge an Administrative Review
• Issue Judicial Review

The fee for indefinite leave to remain is £2,389. This is not inclusive of the mandatory £19.20 biometric fees.

You may opt for super-priority processing for an additional £800 (24 hours) and priority processing (5-day processing) for £500 (where eligible).

Indefinite Leave to Remain provides you with the option to extend your status in the UK. People with ILR are permitted to live and work in the UK, free from any visa restrictions.

Your ILR card typically lasts 10 years. You will be permitted to become a UK national, if you wish, after 12 months (1 year) of having ILR. Those married to UK citizens may be eligible to apply immediately for British Citizenship after receiving ILR.

Either way, once you naturalize as a British Citizen, you are then permitted to apply for your first British passport.

While Indefinite Leave to Remain is granted on a permanent and indefinite basis, there are circumstances where the status can be lost or revoked.

These include:

• If you are outside of the UK for more than two years, you will lose your ILR status.
• If you wish to later return to the UK to settle, you will need to make an application for a Resident Return visa for your ILR to be reinstated.
• You will need to make this application before you travel to the UK. If you’re a citizen of Switzerland, with status under the EU Settlement Scheme in the UK, your indefinite leave will lapse if you stay outside the UK for 4 years or more in a row.
• ILR may be revoked if you commit an offense that could lead to you being deported from the UK, or for reasons of national security.
• ILR may be revoked if you are liable to deportation, but cannot be removed for legal reasons, such as the UK’s obligations under the Refugee Convention or the European Convention on Human Rights.
• ILR may be revoked if you have obtained your ILR by an untruthful application.
• ILR may be revoked if you were granted leave as a refugee and cease to be a refugee.

If you are an Irish citizen, the reason you may be deported or not able to stay in the UK is if you have one of the following:

• A deportation order
• An exclusion decision
• An international travel ban