AUS (UK) Immigration’s

EXPERTS IN UK IMMIGRATION LAW

UK VISAS | UK PERMITS | UK RESIDENCY |UK PASSPORTS | UK CITIZENSHIP

Permanent Residency & British Citizenship

Indefinite Leave to Remain (ILR) is a permanent UK visa that allows an individual to reside in the UK indefinitely. Generally, applicants achieve this status after five years of residence in the UK. However, it is of utmost importance to be mindful of the Home Office’s stipulations regarding time spent outside the UK during this period, as exceeding these limits can significantly impact the assessment of the application.

Excessive unauthorized absences during the five-year continuous residence period may result in the refusal of an ILR application. Applicants can apply for ILR in most categories within 28 days before the end of their qualifying period. The eligibility categories are designed to be inclusive, encompassing the UK settlement visa route, which includes spouses, unmarried partners, and same-sex partners, among others.

The typical requirement for foreign spouses and partners of UK citizens is five years of residence in the UK, based on the visa issue or physical entry date, before they can apply for ILR. For other applicants, such as those under Tier 2 general work permit visas and Tier 1 entrepreneur visas, the requirement is also five years, whereas long residence applications require ten years of lawful residence. Lawful residence includes time spent in the UK with a valid visa, such as a work visa or a student visa.

Additionally, many Tier 2 applicants must demonstrate an annual income exceeding £35,000 to qualify for ILR.

 

Naturalization and Registration for Permanent Residency & British Citizenship

It is possible to become a British citizen by naturalization or registration. Generally, naturalization as a British citizen will occur after residing for a qualifying period in the UK, generally after five years, and holding Indefinite Leave to Remain (ILR). You normally have to hold ILR for at least 12 months before being eligible to apply for British citizenship. Applicants register the vast majority of British citizen applications under 18.
 
British citizenship is usually granted in your 6th year of being resident in the UK, as most ILR applications are given after five years. However, overseas spouses of British citizens can apply for British citizenship immediately after being granted ILR / Permanent Residency and DO NOT need to wait an additional 12 months before making a naturalization application to the Home Office.
 
The Home Office also examines the residential qualifying period during the five years preceding your naturalization application, and lengthy absences from the UK will result in your application being refused.

British Citizenship Life Test for Permanent Residency

Another aspect to consider for immigration is the British Citizenship Life in the UK Test and, where required, a B1 level English Test. However, you may have already done this as part of an ILR application.
 
More importantly, the Home Office visa official must have considered your application correctly after passing the Life in the UK and B1 English tests for ILR. We can help with the B1 Level English Test by providing a mock English test examination so you can be fully prepared before you attend your approved home office.
 
If you passed the Life in the UK and B1 English Test for the ILR application requirements, you would not have to sit these tests under the UK naturalization requirements.

Permanent Residency & application for a British passport

Once the Home Office approves your naturalization application, you will be invited to attend a British citizenship ceremony. This ceremony will only take place in your local council area in the UK. Once you have done this, you can apply for a British passport to the Identity and Passport Service.