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Residence Permits

Information on obtaining permission to live in the UK for an extended period, including settlement and indefinite leave to remain.

Sections

1. Overview of Residence Permits in the UK

A Residence Permit in the UK allows non-UK nationals to live, work, or study in the country for a specified period. The UK does not use the term "Residence Permit" as commonly as other countries; instead, it refers to various immigration statuses, such as a Biometric Residence Permit (BRP) or Indefinite Leave to Remain (ILR). These permits are issued to individuals who meet specific visa or immigration requirements.

2. Types of Residence Permits

The UK offers different types of residence permits depending on the applicant's circumstances:

a. Biometric Residence Permit (BRP)

  • A BRP is issued to individuals who are granted permission to stay in the UK for more than 6 months.
  • It serves as proof of the holder's immigration status, including their right to work, study, or access public services.
  • It is typically issued to:
    • Skilled workers
    • Students
    • Family members of UK residents
    • Refugees or individuals granted humanitarian protection

b. Indefinite Leave to Remain (ILR)

  • ILR is a form of permanent residence that allows individuals to live in the UK without time restrictions.
  • It is granted to those who have lived in the UK for a qualifying period (usually 5 years under certain visa categories).
  • ILR holders can work, study, and access public funds without restrictions.

c. EU Settlement Scheme (EUSS)

  • For EU, EEA, and Swiss citizens who were living in the UK before 31 December 2020.
  • Successful applicants receive either Settled Status (equivalent to ILR) or Pre-Settled Status (temporary residence for up to 5 years).

d. Other Residence Permits

  • Family visas: For spouses, partners, or dependents of UK citizens or settled persons.
  • Ancestry visas: For Commonwealth citizens with UK ancestry.
  • Investor, Innovator, and Start-up visas: For individuals investing in or starting a business in the UK.

3. National Regulations

The UK’s immigration system is governed by the Immigration Rules, which outline the eligibility criteria, application processes, and conditions for residence permits. Key regulations include:

a. Points-Based Immigration System

  • Introduced in January 2021, this system applies to most non-UK nationals (excluding Irish citizens).
  • Applicants must meet specific criteria, such as job offers, salary thresholds, or English language proficiency, depending on the visa type.

b. Immigration Health Surcharge (IHS)

  • Most applicants for residence permits must pay the IHS as part of their application. This grants access to the National Health Service (NHS) during their stay.

c. Right to Work and Study

  • Residence permits often specify whether the holder can work or study in the UK. Some permits may have restrictions, such as limits on working hours for students.

d. Compliance with Visa Conditions

  • Permit holders must comply with the conditions of their visa (e.g., not claiming public funds if prohibited). Breaching these conditions can result in penalties or deportation.

4. Costs of Residence Permits

The cost of applying for a residence permit in the UK varies depending on the type of visa or permit. Below are some general costs (accurate as of October 2023):

a. Application Fees

  • Skilled Worker Visa: £610–£1,408 (depending on the length of stay and job type)
  • Student Visa: £363 (outside the UK) or £490 (inside the UK)
  • Family Visa: £1,538 (per applicant)
  • Indefinite Leave to Remain (ILR): £2,404
  • EU Settlement Scheme: Free

b. Biometric Enrolment Fee

  • £19.20 (for providing fingerprints and a photo as part of the application).

c. Immigration Health Surcharge (IHS)

  • £624 per year for adults.
  • £470 per year for students, children, and Youth Mobility Scheme applicants.

d. Priority Services (Optional)

  • Priority Visa Service: £500 (decision within 5 working days).
  • Super Priority Visa Service: £800 (decision within 1 working day).

5. Standard Procedures for Applying

The process for obtaining a residence permit in the UK typically involves the following steps:

a. Determine Eligibility

  • Check the specific requirements for the visa or permit you are applying for. This may include:
    • Proof of employment or sponsorship (for work visas).
    • Proof of relationship (for family visas).
    • Evidence of financial support or savings.

b. Submit an Online Application

  • Applications are submitted online via the UK Visas and Immigration (UKVI) website.
  • You will need to create an account, complete the application form, and pay the relevant fees.

c. Provide Supporting Documents

  • Common documents include:
    • Passport or travel document.
    • Proof of English language proficiency (if required).
    • Proof of financial means (e.g., bank statements, payslips).
    • Certificate of sponsorship (for work visas).
    • Tuberculosis (TB) test results (if applicable).

d. Biometric Appointment

  • Attend a biometric appointment to provide fingerprints and a photograph. This is required for the issuance of a Biometric Residence Permit (BRP).

e. Wait for a Decision

  • Processing times vary depending on the visa type and whether priority services are used. Standard processing times are typically:
    • 3 weeks for applications made outside the UK.
    • 8 weeks for applications made inside the UK.

f. Receive Your Permit

  • If successful, you will receive a decision letter and your Biometric Residence Permit (BRP) within 10 days of arriving in the UK or receiving your decision.

6. Country-Specific Considerations

a. EU, EEA, and Swiss Citizens

  • EU, EEA, and Swiss citizens who arrived in the UK after 1 January 2021 must apply under the points-based system. Those who arrived earlier may qualify for the EU Settlement Scheme.

b. Irish Citizens

  • Irish citizens do not need a residence permit to live or work in the UK due to the Common Travel Area (CTA) agreement.

c. Commonwealth Citizens

  • Some Commonwealth citizens may have unique rights, such as applying for an Ancestry Visa or claiming Right of Abode in the UK.

d. Refugees and Asylum Seekers

  • Refugees and individuals granted humanitarian protection are issued a BRP and may eventually apply for ILR.

e. Dependents

  • Dependents (spouses, children, etc.) can apply to join or remain with a family member in the UK. They must meet specific financial and relationship requirements.

7. Important Tips for Applicants

  • Check Expiry Dates: Ensure your BRP or visa is renewed before it expires to avoid overstaying.
  • Keep Documents Safe: Your BRP is an important document and must be reported immediately if lost or stolen.
  • Seek Legal Advice: For complex cases, consider consulting an immigration solicitor or advisor.
  • Stay Updated: Immigration rules and fees can change frequently. Always check the UKVI website for the latest information.

8. Useful Resources

If you have any specific questions or need further clarification, feel free to ask!