UK Residence Permit
A UK residence permit allows a foreign national to live, work and study in the UK for a permanent basis without any immigration restriction. It also paves the way towards British citizenship.
Our Total Law team helped several Filipino nationals to settle in the UK in the past. So, if you are looking for more information about how to live permanently in the UK, whether you are eligible, or how to apply, dial +44 (0)333 305 9375 or message us online today, to speak with our expert immigration lawyers.
Overview of UK Residency
ILR is called a permanent residency or settlement in the UK in common parlance. A foreign citizen may obtain ILR through various pathways, e.g. through a work visa, a business visa, or via the family route.
Holding an ILR allows a foreign national to live, work and study in the UK indefinitely as well as claim access to public funds (if eligible). As an ILR holder you may also apply for citizenship in the UK after residing in the country for 12 months.
There are certain other pathways as well for foreign nationals to obtain a permanent residence in the UK, such as the EU Settlement Scheme, UK Ancestry visa, right of abode, long residence, on the basis of their private life in the country etc., provided they fulfill the specific eligibility criteria and documentation requirements of their chosen route.
Page Contents
- Overview of UK Residency
- UK Residency Via Work
- UK Residency Via a Business or Talent Visa
- UK Residency Via the Family Route
- Residency Through the UK Ancestry Visa
- Residency Through the EU Settlement Scheme in the UK
- Other Pathways to UK Residency
- UK Residency Requirements
- What Documents Do I Need to Apply for UK Residency?
- How Do I Apply for UK Residency?
- UK Residency Application Fees and Processing Time
- How Can Total Law Help?
- Frequently Asked Questions
UK Residency Via Work
Work visa is one of the most common ways for foreign nationals to permanently settle in the UK. Not all work visas offer a settlement route, though. If you are a Filipino national holding any of the below work visas in the UK, you may be eligible to apply for ILR provided you fulfill the relevant conditions:
- Skilled Worker visa or Tier 2 (General)
- T2 Minister of Religion or Tier 2 (Minister of Religion)
- International Sportsperson, T2 Sportsperson or Tier 2 (Sportsperson)
- Scale-up Worker visa
- Overseas Domestic Worker visa (or if you are a private servant in a diplomatic household with an International Agreement visa)
- Representative of an Overseas Business visa
UK Residency Via a Business or Talent Visa
UK visas available for foreign businesspersons or exceptionally talented overseas nationals also offer permanent residence eventually. While some of these visas are not open any more for new applicants, foreign nationals already holding those visas may apply for ILR in the UK, provided they meet additional related requirements.
As a Filipino national, any of the below visas, if applicable in your circumstances, may lead to your permanent residence in the UK:
- Global Talent visa or erstwhile Tier 1 (Exceptional Talent) visa
- Innovator Founder visa or erstwhile Innovator visa
- Tier 1 (Investor) visa – not open for new applicants
- Tier 1 (Entrepreneur) visa – not open for new applicants
UK Residency Via the Family Route
If you are a Filipino national married to, or in civil partnership with, a British citizen or an ILR holder in the UK, you may apply for ILR provided you meet the required conditions. Similarly, a parent or child of a British citizen/permanent residence holder will be eligible to apply for ILR in the UK. You may also be eligible if you are a family member of an eligible person from Northern Ireland.
Moreover, if you are a widow/widower of a British citizen/permanent residence holder, or your marriage/civil partnership has ended in the UK because of domestic violence, you may apply for ILR if you fulfill other requirements.
Residency Through the UK Ancestry Visa
A UK Ancestry visa is available for foreign nationals who have at least one grandparent born in the UK, the Channel Islands or the Isle of Man. In addition, you must be over 17, with funds to support yourself and any dependents, and can and plan to work in the country after obtaining the visa.
A UK Ancestry visa holder may be eligible to apply for ILR if they can fulfill additional relevant criteria.
Residency Through the EU Settlement Scheme in the UK
If you are a Filipino national married to an EEA or a Swiss citizen, you may take advantage of the EU Settlement Scheme for a UK permanent residency. Under this scheme, EEA/Swiss nationals and their eligible family members can apply to settle in the UK.
Please note that although 30 June 2021 was the application closing date for the EU Settlement Scheme, people with already approved pre-settled status in the UK may still apply.
Moreover, EEA/Swiss nationals and their eligible family members living in the UK by 31 December 2020 may still apply under the EU Settlement Scheme, provided they fulfill the requirements for a late application deadline or can demonstrate with evidence that they have ‘reasonable grounds’ for a delayed application.
Other Pathways to UK Residency
In addition to the pathways discussed so far, there are certain other grounds for foreign nationals to apply for settlement in the UK, if they can fulfill the route-specific eligibility conditions. Such grounds include:
- A refugee status, humanitarian protection or Discretionary Leave in the UK
- A service record in the UK armed forces
- On the basis of long residence, when the applicant has lived legally in the UK for 10 years or more
- A UK visa on the basis of private life
- Having born in the UK and lived continuously up to seven years or more since birth
- Past ILR holders seeking to return to the UK to make the country their permanent residence
UK Residency Requirements
If your circumstances fit with any of the residency pathways discussed so far in this article, you must next consider whether you fulfill the additional requirements to apply for settlement in the UK.
Broadly speaking, you must have spent a stipulated number of years in the UK on your current visa, you meet the minimum financial requirement for ILR, and you can prove your knowledge of English language and pass the Life in the UK test. However, these requirements will vary in finer details depending on your current UK visa type.
For example, you have to live and work in the UK for at least five years if you are holding a Tier 2/T2/International Sportsperson/Skilled Worker or Scale-up Worker visa or if you are a representative of an overseas business, 3-5 years for a Global Talent visa or a Tier 1 (Entrepreneur) visa, or 2-10 years for spouses/partners and parents on family visa (depending on their family visa route).
Financially, you must meet the minimum salary/income threshold depending on your current UK visa type. In simple terms, you must have sufficient financial means, as deemed fit by the Home Office, to cover for any expenses and accommodation for yourself and your dependent family members without claiming public funds. In addition to that, if you are on a business visa, you must meet the capital or investment requirement to run and grow your company in the UK.
Foreign nationals must also prove their knowledge of the English language either by holding a degree taught or researched in English or by having an English qualification at CEFR B1, B2, C1 or C2 levels, unless they are 65 or over, or exempt because of their physical or mental condition, or have already proven so for their current visa, or belong to certain nationalities (e.g. Australians or Canadians) etc.
Finally, you must be able to pass the Life in the UK test by scoring at least 75%. You may be exempted if you are a minor (i.e. below 18) or aged 65 or more, or unable to take the test due to a physical or mental condition.
What Documents Do I Need to Apply for UK Residency?
You will be informed of what supporting documents you will have to submit as part of your ILR application, depending on your current immigration permission in the UK. You may need supporting documents like the following:
- Your current visa or permission to stay in the UK
- Proof of financial means, e.g. salary slips (if holding a UK work visa), pension, bank statements, investment details etc.
- Proof of relationship if applying for ILR via the family route, e.g. marriage certificate, birth certificate etc.
- Certificate of knowledge in English language or similar proof
- Life in the UK test pass certificate
Please note that the above list is by no means exhaustive in nature. UK Visas and Immigration (UKVI) may ask for additional documents depending on your immigration circumstances.
How Do I Apply for UK Residency?
ILR application is an online process. You have to create an account on the Home Office website with an email ID for completing the online application form. Please have your supporting documents and all other relevant information ready with you, to answer the questions on the form.
An ILR application also includes an application for a biometric residence permit (BRP) and biometric immigration document. After completing the online application, you will have to pay the required processing fees online and submit the form along with scanned copies of your supporting documents.
Following this, you will have to book an appointment at a UK Visa and Citizenship Application Services (UKVCAS) office and provide your biometric details to complete your ILR application.
Please note that you will have to apply for ILR from within the UK. You may be able to include your spouse/partner and children in your application if they are living in the country as your dependent family members.
UK Residency Application Fees and Processing Time
The ILR application processing fee is currently £3,029 per applicant. You will not have to pay any immigration healthcare surcharge.
Your ILR application may take up to six months for processing as per current UKVI estimates. The waiting period may further increase depending on your circumstances or the completeness of your application form.
A priority service for getting a decision in five working days may be available against the payment of an additional fee of £500, while you may get a decision in the next working day by paying a £1000 fee for the super priority service.
How Can Total Law Help?
Obtaining PR in the UK may be a complex and time-consuming process, with the eligibility requirements and supporting documents varying depending on your current UK visa type.
If your PR application is rejected, you may have the right to appeal the decision (although only in limited circumstances), or will need to apply for an Administrative Review or a Judicial Review of the decision. Else, you may submit a new PR application rectifying the reason(s) because of which your previous application was rejected. Needless to say, appealing or overturning an PR rejection decision may put you in a legally complex situation.
Speak to Total Law. Our team of sympathetic immigration lawyers have the required expertise to assist you, regardless of your personal circumstances or the complexity of your case.
If you are seeking overall advice with your UK residency application or you would like an immigration expert to complete your application on your behalf, we are here for you. We also offer document and application checking services if you just need a final check to confirm that your documents and application adhere to UKVI regulations.
To know more about the bespoke services we provide and how we can help you, please call us on +44 (0)333 305 9375 or message us online today, to speak to one of our eminent immigration lawyers.
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Related pages for your continued reading.
Frequently Asked Questions
Yes, your residency in the UK may be revoked if you commit serious criminal offenses or if it is later discovered that you submitted false information or documents as part of your ILR application. On the other hand, if you remain absent from the UK for more than two consecutive years, your ILR will lapse automatically.
Yes. ILR holders may be able to apply to become a citizen in the UK after 12 months, provided they meet the eligibility conditions for British citizenship.
