Permanent Residence UK 2026 : Requirements & How to Get It

Permanent residence is a phrase many people use when they want to live and work in the UK on a permanent basis. In practice, however, “permanent residence” is no longer the name of a current UK immigration status. Since Brexit, the UK has moved away from EU free movement law, and the rules governing long-term residence have changed significantly.

Today, people looking for permanent residence in the UK are usually referring to one of two legal outcomes: Indefinite Leave to Remain (ILR) under the UK Immigration Rules, or EU settled status under the EU Settlement Scheme. Which one applies depends on nationality, immigration history and when the person arrived in the UK. These distinctions matter not only for the individual’s right to stay, but also for employers, sponsors and HR teams responsible for right to work compliance.

What this article is about: This guide explains what “permanent residence UK” means under current law, whether it is the same as ILR, who can qualify and how long it takes. It also explains what permanent status changes in practice, including work rights, absences from the UK and future citizenship options. Alongside the individual perspective, the article highlights the practical compliance issues employers must manage when workers move from temporary immigration permission to permanent status, particularly around sponsorship and right to work enforcement. For wider context on the legal framework and enforcement approach, see UK immigration laws and the UKVI hub.

Section A: What does “permanent residence UK” mean today and is it the same as ILR?

The first thing to understand is that “permanent residence” is no longer a live immigration status under UK law. It was a legal concept used under EU free movement rules, which allowed EU nationals and their family members to acquire a permanent right to live in the UK after five years of qualifying residence. That system ended following Brexit.

Today, permanent residence in practical terms means having indefinite permission to stay in the UK. This is achieved in one of two ways, depending on the individual’s background.

1. Is permanent residence still a legal status in the UK?

No. The UK no longer grants permanent residence under EU law. Historic EEA permanent residence documents do not, by themselves, give someone a current right to live or work in the UK. Individuals who held permanent residence under EU rules were required to either apply under the EU Settlement Scheme or move on to British citizenship.

From a practical and compliance perspective, this also means historic EEA permanent residence documents cannot be relied on for right to work purposes unless the person holds current permission, for example EU settled status, pre-settled status or another form of leave under the Immigration Rules.

2. What is Indefinite Leave to Remain and how does it relate to permanent residence?

For most non-UK nationals, Indefinite Leave to Remain (ILR) is the modern equivalent of permanent residence. ILR is granted under the Immigration Rules and allows a person to live and work in the UK without a time limit on their stay.

ILR is not automatic. It must be applied for, and eligibility depends on factors such as the type of visa held, length of lawful residence in the UK, compliance with visa conditions, absence limits and (in most routes) the English language and Life in the UK requirements. In practice, the rules and evidence requirements differ between routes, and the Home Office will assess whether the applicant has met the route-specific settlement requirements throughout the qualifying period.

Once granted, ILR removes the need for visa extensions and, for sponsored workers, usually brings employer sponsorship duties to an end. However, ILR can be lost in certain circumstances, particularly through extended absences from the UK. Different absence rules apply to settled status under the EU Settlement Scheme, and the distinction matters for people who travel or live abroad for long periods.

3. What is EU settled status and how is it different from ILR?

EU settled status is a separate form of indefinite permission created specifically for EU, EEA and Swiss nationals and their eligible family members who were living in the UK before the end of the Brexit transition period.

Although settled status gives indefinite permission to live and work in the UK, it is not ILR and it operates under different rules. Key differences include a different legal basis, a digital status model and different absence rules before status may be lost. For a detailed comparison, see ILR vs settled status.

4. Why the distinction matters in practice

Understanding whether permanent residence means ILR or settled status affects how a person proves their right to work, how long they can stay outside the UK, when they can apply for British citizenship and whether an employer must continue sponsorship or monitoring. In many cases, proof of status will be digital, but the correct method depends on the person’s current permission and how it is evidenced. For guidance on evidencing ILR and settled status, see proof of ILR.

Many problems arise because people use “permanent residence” as a catch-all phrase, when the legal consequences differ depending on the route. UKVI enforcement focuses on the actual status held, not how it is described informally.

Section A summary: Permanent residence is no longer a standalone UK immigration status. In current law, permanent residence means either Indefinite Leave to Remain under the Immigration Rules or EU settled status under the EU Settlement Scheme. The two are legally distinct and carry different rules, particularly around absences and proof of status. Knowing which status applies is the foundation for making correct immigration, employment and long-term planning decisions.

Section B: Who can qualify for permanent residence in the UK and how long does it take?

Whether someone can qualify for permanent residence in the UK depends on their nationality, immigration history and the route they are on. There is no single “permanent residence” application. Instead, individuals become eligible for permanent status by meeting the settlement requirements of the route that applies to them. Understanding these routes is important for individuals planning their future in the UK and for employers supporting staff, particularly where sponsorship and right to work compliance sit in the background.

1. Can non-EU nationals qualify for permanent residence?

Most non-EU nationals qualify for permanent residence by applying for Indefinite Leave to Remain (ILR) after completing a qualifying period of lawful residence in the UK. In many cases, this is five years, although some routes require a longer period and some allow settlement sooner.

Common ILR-leading routes include:

• Skilled Worker: typically eligible after five years’ continuous residence, depending on the individual’s immigration history and compliance with route conditions. For practical route planning, see Skilled Worker visa to ILR and the wider Skilled Worker visa guidance.
• Family routes: including partners, spouses and parents, where the applicable rules and timelines depend on the category and the route the person has been on.
• Global Talent: settlement may be possible after three or five years depending on the basis of permission. See Global Talent visa.
• Innovator routes: settlement can be possible after three years, but the rules are endorsement-led and the Home Office will expect the relevant endorsement requirements to be met and confirmed at settlement stage. See Innovator visa.
• Long residence: settlement may be possible after ten years’ continuous lawful residence, subject to strict residence and absence rules.

Each route has its own eligibility rules, and time spent in the UK does not always count towards settlement in the way applicants expect. Switching visas, gaps in leave, route-specific restrictions and excessive absences can delay or prevent eligibility.

2. What are the main requirements for ILR?

Although the detail varies by route, most ILR applications require the applicant to show that they have completed the required period of lawful residence, complied with the conditions of their visa and met the route-specific settlement requirements. In most routes, applicants will also need to meet the English language and Life in the UK requirements unless an exemption applies.

For sponsored workers, the Home Office will look closely at whether the person’s employment and immigration compliance remained consistent throughout the qualifying period. For employers, this is where sponsorship compliance and record keeping can become indirectly relevant to the worker’s ability to settle, and why UKVI takes a strict view of compliance culture for licence holders. For wider context, see UKVI.

3. Can EU nationals still get permanent residence after Brexit?

EU, EEA and Swiss nationals who were living in the UK before the end of the Brexit transition period may qualify for settled status under the EU Settlement Scheme. Settled status is normally granted after five years’ continuous residence in the UK.

Those who hold pre-settled status have time-limited permission and normally need to secure settled status once eligible. Those who arrived later, or who do not qualify under the EU Settlement Scheme, must apply under the Immigration Rules like other non-UK nationals and may later become eligible for ILR.

4. How long does it take to get permanent residence?

The time it takes to reach permanent residence depends on the route. Five years is the most common timeline, three years applies in some Global Talent and Innovator cases and ten years applies under the long residence rules. In practice, planning is easier when the individual maps their route requirements early and keeps clear records, particularly around absences.

Once eligible, the ILR application itself can take several months to be decided. During this period, the applicant must continue to hold valid immigration permission. For sponsored workers, this means sponsorship must remain in place until ILR is granted. Employers often underestimate this point: eligibility does not remove the need for visa extensions or sponsor duties if the worker’s existing permission expires before settlement is approved.

For route and timing planning, see ILR timeline.

5. What happens if someone becomes eligible but does not apply in time?

Permanent residence is not granted automatically. If an eligible individual does not apply, their existing visa will still expire. They may need to extend their leave to avoid a gap in lawful status. For individuals, this can delay settlement. For employers, it can mean unplanned extensions, continued sponsorship obligations and increased compliance exposure.

Section B summary: Permanent residence in the UK is achieved by qualifying under specific settlement routes, most commonly ILR or EU settled status. Eligibility depends on nationality, visa type and continuous lawful residence, with five years being the most common timeframe. Settlement is not automatic, and timing errors can affect both the individual’s future in the UK and an employer’s ongoing compliance responsibilities.

Section C: What does permanent residence allow you to do and can it be lost?

Gaining permanent residence in the UK is a significant milestone, but it is not unconditional. Whether someone holds Indefinite Leave to Remain or EU settled status, there are clear rights that come with permanent status and equally important limits that individuals need to understand. Misunderstanding these limits is one of the most common causes of unexpected status loss.

1. What rights come with permanent residence in the UK?

Permanent residence, in the form of ILR or settled status, allows a person to live in the UK without time limits on their stay, work in most jobs without requiring employer sponsorship, study without immigration restrictions and access services on broadly the same basis as other lawful residents.

For many people, permanent status is also part of the longer pathway to citizenship. However, permanent residence does not itself make someone a British citizen, and the eligibility requirements for naturalisation are separate. For an overview of citizenship requirements, see naturalisation.

2. Does permanent residence mean you can work without restrictions?

In most cases, yes. ILR and settled status remove the need for a sponsored role, salary thresholds and route-specific work conditions. This allows individuals to change jobs, work for multiple employers or become self-employed without needing immigration permission tied to a specific sponsor.

However, permanent residence does not remove the need for employers to carry out right to work checks. Employers must still follow the prescribed process and retain compliant evidence. For employer-facing guidance, see right to work checks.

3. Can permanent residence be lost?

Yes. Permanent residence is not the same as citizenship and can be lost if certain conditions are breached.

For Indefinite Leave to Remain, status can usually be lost if the individual spends more than two continuous years outside the UK, has their leave revoked due to serious criminality or deception, or leaves the UK permanently. For EU settled status, different absence rules apply. The distinction matters in practice, particularly for people who travel frequently or spend long periods abroad for work or family reasons.

4. How absences from the UK affect permanent residence

Absences are one of the most misunderstood areas of permanent residence. Many people assume that once they have permanent status, they can live abroad indefinitely and return at any time. This is not the case.

Individuals planning extended time outside the UK should consider how long they can be absent without losing status, whether time abroad is continuous or broken by returns, and how travel decisions affect future citizenship eligibility. Where immigration history is complex, it is often the absence calculation, rather than the headline residence period, that creates risk.

5. Is permanent residence the same as British citizenship?

No. Permanent residence allows a person to live and work in the UK indefinitely, but it does not provide the full rights of a British citizen. Citizenship brings additional rights, including the ability to hold a British passport. Most people must hold ILR or settled status for a qualifying period before applying for citizenship, and they must also meet eligibility requirements such as good character. For background on the character requirement, see Good Character.

Section C summary: Permanent residence grants long-term rights to live and work in the UK, but it is not unconditional. ILR and settled status can be lost, particularly through extended absences from the UK or serious breaches of the law. Understanding what permanent residence allows and its limits is essential for individuals planning their future and for employers managing a stable, compliant workforce.

Section D: How do you apply for permanent residence in the UK and what does the process involve?

Applying for permanent residence in the UK is a formal legal process. There is no single application called “permanent residence”. Instead, individuals must apply for the specific form of settlement that applies to their circumstances, most commonly Indefinite Leave to Remain under the Immigration Rules or settled status under the EU Settlement Scheme.

1. Is there a single permanent residence application?

No. The UK immigration system does not contain an application titled “permanent residence”. Individuals become permanently resident by successfully applying for settlement under the route they are eligible for. For most non-EU nationals, this means applying for Indefinite Leave to Remain (ILR). For eligible EU, EEA and Swiss nationals, it may mean securing settled status under the EU Settlement Scheme.

Applying under the wrong route, or assuming permanent residence exists as a standalone application, is a common cause of refusal or delay.

2. How do you apply for Indefinite Leave to Remain?

ILR applications are made to the Home Office using the settlement form that corresponds to the applicant’s immigration route. Different forms apply to work-based, family-based and long residence routes, and the eligibility criteria vary accordingly.

As part of the ILR application, the applicant will normally need to demonstrate continuous lawful residence in the UK, compliance with visa conditions throughout the qualifying period, and satisfaction of route-specific settlement requirements. In most cases, applicants must also pass the Life in the UK Test and meet the English language requirement unless an exemption applies.

3. What evidence is required?

Settlement applications are evidence-heavy. The Home Office expects applicants to demonstrate compliance over a period of years, not simply at the point of application. Evidence requirements vary by route but commonly include proof of identity and immigration status, records of lawful residence, employment or income evidence where relevant, and detailed absence records showing time spent outside the UK.

Where an applicant has been sponsored, employment records and sponsor compliance history may be scrutinised as part of the assessment. Inconsistencies or gaps can result in delay or refusal.

4. What happens while the application is being decided?

Settlement applications can take several months to be decided. During this period, the applicant must continue to hold valid immigration permission. Existing visa conditions usually continue to apply until a decision is made.

For sponsored workers, this means that sponsorship must remain in place until ILR is formally granted. Becoming eligible for settlement does not end sponsorship duties or remove the need for visa extensions if the current permission is due to expire before a decision is issued.

5. What are common mistakes in permanent residence applications?

Common errors include applying too early or too late, miscalculating absences from the UK, relying on outdated or incorrect status documents, and assuming sponsorship ends before ILR is granted. These mistakes can lead to refusal, loss of application fees or unplanned extensions.

For individuals, this can delay settlement and long-term plans. For employers, it can result in continued sponsorship obligations and increased compliance exposure.

Section D summary: There is no single permanent residence application in the UK. Individuals must apply for ILR or settled status under the route that applies to them. The process is evidence-heavy and timing-sensitive, and mistakes can affect both the individual’s right to remain and an employer’s ongoing compliance responsibilities.

Section E: Permanent residence, work rights and employer checks

Permanent residence gives individuals long-term security in the UK labour market, but it does not remove the need for formal checks. Whether someone holds Indefinite Leave to Remain or EU settled status, UK law places ongoing obligations on employers to verify and record work permission correctly. Understanding how permanent status is proved is essential for both individuals and employers.

1. Does permanent residence remove the need for right to work checks?

No. UK employers must carry out a right to work check for every employee, regardless of nationality or immigration status. Permanent residence removes time limits on permission to work, but it does not remove the legal requirement to obtain and retain compliant evidence.

For individuals, this means being able to demonstrate their status in the correct way. For employers, it means following the prescribed checking process to establish a statutory excuse against civil penalties for illegal working.

2. How is permanent residence proved in practice?

Most people with ILR or settled status now prove their right to work using the Home Office’s online checking service. This typically involves the individual generating a share code and the employer accessing the Home Office system to confirm the individual’s identity and work permission.

Some individuals may still rely on physical documents, depending on how their status was granted. Employers must ensure they are using the correct checking method for the type of status presented and retain evidence of the check in line with Home Office guidance.

3. Are follow-up checks required for permanent residents?

In most cases, follow-up checks are not required once an individual has ILR or settled status, because their permission to work is not time-limited. However, this applies only if the initial check was carried out correctly.

Employers should avoid assuming that no check is required at all, relying on informal confirmations or applying inconsistent processes across different teams. During audits, the Home Office focuses on whether the correct checking method was understood and applied.

4. What risks remain for employers after permanent residence is granted?

Even after permanent residence is secured, employers can still face risk if right to work checks were not carried out correctly, records are incomplete or HR systems do not clearly record status changes.

For sponsor licence holders, right to work failures can raise broader questions about immigration compliance culture and internal controls, increasing the likelihood of further scrutiny.

5. Why permanent residence still matters for employer compliance

Permanent residence simplifies immigration management, but it does not eliminate compliance responsibilities. Employers must still understand the type of permanent status held, apply the correct checking process and retain evidence in a compliant format.

Section E summary: Permanent residence allows individuals to work in the UK without immigration time limits, but right to work checks remain mandatory. ILR and settled status are usually proved digitally and require employers to follow the correct checking process. Permanent status reduces, but does not remove, employer compliance risk.

Section F: What happens if permanent residence rules are misunderstood or breached?

Permanent residence provides long-term security, but mistakes in understanding or applying the rules can have serious consequences. These consequences can affect individuals directly and, in many cases, employers as well. The Home Office and UKVI focus on whether the law has been applied correctly, not on whether an error was accidental.

1. What happens if a permanent residence application is refused?

An application for Indefinite Leave to Remain or settled status can be refused if the Home Office concludes that the eligibility requirements have not been met. Common reasons include failure to meet residence or absence requirements, gaps in lawful immigration status, non-compliance with visa conditions, insufficient or inconsistent evidence and suitability issues such as criminal convictions or deception.

A refusal does not always mean the person must leave the UK immediately, but it can create urgency. In some cases, the individual may need to submit a fresh application, extend their existing leave or challenge the decision. Timing is critical, particularly where existing permission is close to expiry.

2. Can misunderstandings about permanent residence affect employment?

Yes. Where permanent residence is assumed incorrectly, an individual may be employed without valid work permission or an employer may fail to carry out a compliant right to work check. Employers may also end sponsorship too early or continue sponsorship unnecessarily, creating compliance inconsistencies.

These errors can expose employers to civil penalties for illegal working and, for sponsor licence holders, may contribute to wider compliance concerns. For an overview of employer penalties, see civil penalties for illegal working.

3. What enforcement action can the Home Office take?

The Home Office has wide enforcement powers. Depending on the circumstances, this can include civil penalties, refusal or cancellation of immigration permission and sponsor licence enforcement action. For licensed sponsors, this may extend to licence suspension or revocation, with immediate impact on the ability to employ sponsored workers.

Enforcement action often arises from patterns identified during compliance visits, audits or data matching exercises, rather than from a single isolated mistake. For further context, see sponsor licence compliance visits.

4. How can permanent residence issues disrupt long-term plans?

Misunderstanding permanent residence can affect career progression, job mobility, international travel plans, future citizenship applications and family members’ immigration status. For employers, this can translate into workforce disruption, unplanned recruitment, project delays and increased legal and advisory costs.

Where key staff are affected, the commercial impact can extend beyond immigration compliance into client delivery and reputational risk.

5. How can individuals and employers reduce risk?

Risk is reduced by understanding which form of permanent status applies, planning settlement applications carefully, keeping accurate records of residence and absences and carrying out right to work checks correctly. Employers should ensure that HR teams and managers understand the difference between ILR, settled status and time-limited permission.

Section F summary: Mistakes around permanent residence can lead to application refusals, enforcement action and employment disruption. Both individuals and employers benefit from understanding the correct legal framework, planning settlement carefully and applying compliance rules consistently.

Permanent residence UK – FAQs

Is permanent residence in the UK the same as Indefinite Leave to Remain?
Not exactly. “Permanent residence” is no longer the name of a current immigration status. In practice, it usually refers to Indefinite Leave to Remain (ILR) under the Immigration Rules or EU settled status under the EU Settlement Scheme, depending on nationality and immigration history.

How long does it take to get permanent residence in the UK?
For most people, permanent residence is reached after five years of continuous lawful residence. Some routes allow settlement after three years, while others require ten years. The application itself can take several months to be decided, so timing and visa expiry planning matter.

Can permanent residence be lost?
Yes. ILR can normally be lost after two years’ continuous absence from the UK. EU settled status has different absence rules. Permanent status can also be affected by serious criminality or deception, depending on the circumstances.

Do I still need to apply for visas once I have permanent residence?
No. Once ILR or settled status is granted, you no longer need to extend visas. However, permanent residence is not citizenship, and conditions can still apply, particularly around absences and conduct.

Can I work freely in the UK with permanent residence?
In most cases, yes. Permanent residence removes the need for employer sponsorship and most work restrictions. Employers must still carry out right to work checks in the correct way. For practical guidance on digital status checks, see prove your right to work.

Does permanent residence lead to British citizenship?
Permanent residence is usually a prerequisite for British citizenship, but it does not grant citizenship automatically. Most people must hold ILR or settled status for a qualifying period and meet citizenship eligibility requirements before applying for naturalisation.

What happens if I apply for permanent residence too early?
Applying too early can result in refusal and loss of the application fee. Eligibility must be met on the date of application, including residence, absence and route-specific requirements.

Is permanent residence automatic after five years?
No. Permanent residence is not automatic. You must submit a valid application and meet all requirements. If you do not apply in time and your existing permission expires, this can create serious immigration and work-related consequences.

What does “permanent residence” mean for employers and sponsors?
For employers, the key issues are right to work compliance and, where relevant, sponsorship duties. Sponsorship does not end when an employee becomes eligible for ILR, it ends when ILR is granted. Employers holding a sponsor licence should treat settlement planning as part of workforce risk management and compliance.

Conclusion: Understanding permanent residence in the UK

Permanent residence in the UK is no longer a single legal status, but a practical outcome achieved through Indefinite Leave to Remain or EU settled status. Which route applies depends on nationality, immigration history and when a person arrived in the UK. Although both forms of status allow long-term residence and work, they operate under different legal frameworks and carry different rules, particularly around absences and proof of status.

For individuals, understanding what permanent residence means in legal terms helps avoid common pitfalls such as applying too early, miscalculating absences or assuming status cannot be lost. For employers, it ensures that right to work checks, sponsorship decisions and record-keeping remain compliant with Home Office requirements and capable of withstanding scrutiny.

Permanent residence should therefore be treated as a formal legal status with conditions, not an informal guarantee. Clear understanding, careful planning and accurate evidence are essential to securing long-term stability in the UK.

Glossary

Useful links