Permanent Residency or UK Citizenship

There are already discussions within the UK government to completely stop the permanent residency for immigrants who enter the UK for work and stay for 5- 6 years. 2011 may be the last year to be able to do so.

Indefinite leave to remain or ILR is the expression confirming the fact that there is no limit to the leave period you can stay in the UK. This is also often referred to as permanent residence. This status is granted to a person on the basis that they are settled in the UK.

If a holder of indefinite leave to remain spends a continuous period of two years or more outside of the UK, at any time, it will then be deemed that the person is no longer settled in the UK and the status of indefinite leave to remain could be withdrawn from them.

Indefinite leave to remain can be achieved in a number of ways. We list only some of these circumstances, as there are various ways by which this status can be obtained:

• On the basis of successfully completing the five-year ancestry visa.
• On the basis of successfully completing the two-year marriage visa to a UK citizen or four year period of marriage to a EU-national.
• On the basis of successfully completing a five year work permit.

After obtaining indefinite leave to remain you can qualify to apply for British citizenship. To qualify you normally need to have lived in the UK for six years. However the spouse of a British citizen may qualify for citizenship after three years. If successful in this application a person will have the same rights as a person born as a British citizen.
Please note that as of November 1, 2005, you also have to pass the UK government's new Life in the UK test before you can apply for citizenship.

Naturalisation after six years in the UK

If you are not married to a British Citizen you will need to meet the following requirements to apply for naturalisation:

• You must be aged 18 or over and are not of unsound mind.
• You must be of good character.
• You should be able to communicate in the English language (or Welsh or Scottish Gaelic). There are exemptions to this requirement, for example if you are elderly or mentally handicapped.
• You should intend to live in the UK or in Crown Service abroad (working directly for an UK Government organisation), or be employed by an international organisation of which the UK is a member, or be employed by a company or association established in the United Kingdom.

If you are not married to an UK Citizen you will need to meet the following residence requirements over the last six years.

• You must have been living in the UK exactly six years before the date the application reaches the Home Office; and
• During the six-year period you must not have been outside the United Kingdom for more than 450 days (about 15 months); and
• During the last 12 months of the six-year period you must not have been outside the UK for more than 90 days; and
• During the last 12 months of the six-year period your stay in the United Kingdom you must have held permanent residence/ indefinite leave to remain (ILR); and
• You must not have been living in the United Kingdom in breach of the UK immigration rules at any time during the six-year period ending with the date that the application is received by the Home Office.

The processing times for naturalization applications is currently about six to seven months.

Naturalisation after three years in the UK as a spouse of an UK Citizen

The requirements for naturalization as a spouse of a British citizen are very similar to those mentioned above. The main difference is that there is a shorter residency requirement of three years in the UK as opposed to six years. The three years of the residency requirement are counted from the date your naturalization application is received by the Home Office.
Further details on residency requirements are as follows:

• You must have been living in the United Kingdom at the beginning of the three- year period; and
• On the date that your application is received in the Home Office, you must have permanent residence/ ILR in the UK; and
• During the three-year period you must not have been outside the UK for more than 270 days (approximately 9 months); and
• During the last 12 months of the three-year period you must not have been outside the UK for more than 90 days; and
• You must not have been in breach of any UK immigration rules at any time during this three-year period of residence in the UK.