When a migrant has lived and settled in a country for a number of years they are usually eligible to apply for settlement. In the UK this is obtained through an application for Indefinite Leave to Remain (ILR) or Permanent Residence (PR). Which type of application you chose for your settlement depends on your immigration history and status.

Settlement through Indefinite Leave to Remain

If you have come to the UK as a non-EEA national through the UK Immigration rules then you should expect to apply for Indefinite Leave to Remain to get your Settlement in the UK.

Typical examples of migrants who qualify for settlement under this route are:

• Resident in the UK for 5 years on a Tier 1 Visa
• Resident in the UK for 5 years on a Tier 2 visa
• Resident in the UK on a Spouse Visa for 2 or 5 years depending on if you came before July 2012 or after
• Legally Resident in the UK for 10 years on any visa including student visa and Post Study work Visa categories
• Resident in the UK for 14 years made up of time spent legal and illegal during your stay

The above routes are examples of UK Immigration applications for ILR that lead to settlement

Settlement through Permanent Residence

The two terms ILR and PR sound similar and lead to similar outcomes, but they are different. Getting settlement through the Permanent Residence route is only applicable to certain people who came to the UK under EU immigration rules and no UK Immigration rules. People may be used to other countries such as the USA or Canada talking about Permanent Residence and this meaning settlement. The UK equivalent is really ILR as PR is something given to those under EU law and not UK Immigration rules.

Typical examples of migrants who would qualify for settlement under this route are:

• EEA national who has exercised treaty rights in the UK for at least 5 years
• The EEA national’s EEA family members who have resided with them in the UK while the EEA national exercised treaty rights
• The EEA national’s non-EEA family members such as spouse and children who have resided with them in the UK while the EEA national exercised treaty rights

To exercise treaty rights and obtain settlement through EEA PR they must have been here for 5 years on one or a combination of the below:

Workers
Self employed Persons
Self-sufficient Persons
Provider / recipient of services
Students
Retired Person

If you think you qualify for Settlement in the UK or want to know how you can prepare documents for Indefinite Leave to Remain then contact us for a free eligibility assessment