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Applying for UK Residency

By: Louise Smith, barrister - Updated: 26 Apr 2017 | comments*Discuss
 
Applying For Uk Residency

All British citizens and the citizens of some Commonwealth countries have the right to live in the UK. Citizens of these countries who do not have a passport to prove this may apply for a certificate of entitlement to the right of abode to prove that they are permitted to live and work in the UK.

Citizens of the European Economic Area are entitled to live and work in the UK under European law. However, they must show that they are able to support themselves and their families financially without having to rely on public funds.

Citizens of other countries may be entitled to apply for UK residency if they satisfy certain criteria.

UK Ancestry

Commonwealth citizens with a grandparent who was born in the UK can apply for permanent residence on the basis of UK ancestry. Applications must be made, and permission granted, before coming to the UK. Rights of residency based on UK ancestry cannot be claimed if the applicant entered the UK on another basis.

To be eligible for UK residency under this heading, Commonwealth citizens must be at least 17 years old. They must also prove that they can, and intend to, work in the UK, and can support themselves and any dependant family.

Partners and Children

The husbands, wives or civil partners of UK residents are entitled to live in the UK with their partner but must prove that the marriage or civil partnership is genuine and fulfil certain financial eligibility requirements. They are not automatically entitled to permanent residence. Partners will have to obtain entry clearance before coming to the UK.

Prospective spouses and couples who are not married but live together as if they were may also apply for temporary residence to join their UK resident partner. Special rules apply to those who come to the UK to marry a UK resident.

Children of UK permanent residents who are under the age of 18 and unmarried will usually be entitled to permanent residency in the UK but will have to obtain entry clearance before they travel.

Other Relatives

Some members of a UK resident’s extended family may be entitled to UK residency. Widowed parents aged at least 65 or grandparents where one is aged at least 65 can apply to live in the UK with their family member.

In some cases children over the age of 18, siblings, aunts and uncles, and parents or grandparents under the age of 65 may also come to live in the UK. However, there is no automatic entitlement for these relatives to have UK residency. To be considered they will have to show that:

  • They are entirely or mostly financially dependent on the UK resident;
  • They have no close family members in their own country who can support them; and,
  • The UK resident can afford to support them financially.

Returning Residents

Permanent UK residents who have lived abroad for less than two years may return to live in the UK if they intend to live here permanently. Former UK residents who have lived abroad for longer than two years may be entitled to return if they can show that they have lived in the UK for most of their lives or have close family there.

Foreign Citizens with Temporary Leave to Remain in the UK

Foreign nationals who have been granted temporary leave to live in the UK may be entitled to apply for permanent residence after they have been in the UK continuously for a number of years. Whether people in this category will be entitled to permanent residence will depend on the type of visa under which they have been in the UK. To be successful applicants will usually have to show a good understanding of the English language and life in the UK.

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Hi I am British citizen now , I would like to bring my son he is alone in Malaysia and he is over 18 years old, can I bring him here to join us in UK for permanent. Please advised how to proceed, my rest of the family are in UK, 2 kids are here with me.
RHEA - 26-Apr-17 @ 12:11 PM
Hello Every one I am 13 years old and my sister is 12 years old We came Uk under family reunion on my grandfather in 2008 my grandmather was care with us Unfortunatly she pass away 2012 and my grand father is 79 years old he is sick he is not here last 4 years we lived my Aunt with her 5 kids and husband They care with us like their own kids but now they are fed up because of 7 kids they as financial problem because no one supported us just they got child tax credit and child benefit with us nothing else thats way its hard to them as we need every Things my mum and my father are in somalia because 2006 when ethiopian troops entered in somalia every body run away his live we heard that they disappeared but in 2010 we found them we realy need our Parent as we never saw them last time when we heard that we saw them were we just 2 and 3 years old my Aunt need to know is there any posible way that they can Join us here in Uk? We have ILR permet resident ? Respond above email please Thank you very much
Kugeey - 24-Apr-17 @ 5:27 PM
Hello,my sister live in uk with student visa from more than five years on Indian passport, now I become an Italian citizen from three months and I live in Italy, can I support my sister for extension of visa in uk as a European family member. Thanks
Raja - 14-Apr-17 @ 8:07 PM
Hi please help! I have lived here for 14 years . Have indefinite leave to remain.My husband has a British passport through his father.My son is 16 years old. I would like for my son and myself to get British citizen, just don't have the financesis there a cheaper way of going about applying for Citizenship? Please advise. Many thanks Fernanda Adair
Fern - 6-Apr-17 @ 6:21 PM
Hi i have been living in the UK for 14 years. My husband has a British Passport through his father.I would like for my son aged 16 and myself to get British citizen but dont have the finances that are required.Is there a cheaper way to go about it. We do have indefinite leave to remain. Please could you advise me. Mant thanks Fernanda Adair
Fern - 6-Apr-17 @ 6:15 PM
Mitch - Your Question:
Hello, I am British and have Canadian citizenship. I have lived Common Law with my partner for 14 years, she is Canadian and has a 28 year old daughter. If we married and wanted to move back to the UK can her daughter come with us. Also how long do they have to be resident to get UK medical etc.? Thanks

Our Response:
The first hurdle to tackle here, would be that in order to apply for your spouse to live with you in the UK, you would have to be classed as ordinarily resident (living in the UK) for at least six months. In addition, you would have to be earning a salary, of at least £18,600, before you can apply. Please see family visa link here which tells you all you need to know. Again, with reference to NHS accessibility, within England, free NHS hospital treatment is provided on the basis of someone being ‘ordinarily resident’. It is not dependent upon nationality, payment of UK taxes, national insurance contributions, being registered with a GP, having an NHS number or owning property in the UK. The changes which came into effect from last April affect visitors and former UK residents differently, depending on where they now live. However, treatment in A&E departments and at GP surgeries remains free for all - please see link here.
AboutImmigration - 6-Apr-17 @ 11:02 AM
Hello, I am British and have Canadian citizenship. I have lived Common Law with my partner for 14 years, she is Canadian and has a 28 year old daughter. If we married and wanted to move back to the UK can her daughter come with us. Also how long do they have to be resident to get UK medical etc.?Thanks
Mitch - 5-Apr-17 @ 5:14 PM
Vinxent - Your Question:
Hello , I am an Irish professional chef living in London for the last 6 months, I will marry my brazilian fianceé of 4 years next May , what do I need to do so she and our daughter can come live with me here ?

Our Response:
Please see gov.uk link here. However, you will have to satisfy all the eligibility requirements laid out, before you can apply..
AboutImmigration - 5-Apr-17 @ 11:49 AM
Good day...i was born in the United Kingdom on the 20th September 1981...my both parents are trinidadian and chose to return to trinidad after this. I wish to return to the uk in september on vacation and to renew my british passport but i also considering returning to the uk as a permanantly...please may I have somr advice on what i can do? Furthermore, i wished for mg husband to join me. What is the proceedure for such?
Ms C - 5-Apr-17 @ 12:14 AM
Hello , i am an Irish professional chef living in London for the last 6 months, I will marry my brazilian fianceé of 4 years next May , what do I need to do so she and our daughter can come live with me here ?
Vinxent - 4-Apr-17 @ 2:16 PM
Hi all. We're Italian and we got married in UK in June 16. My wife will reach five years in London showable in December 17. I personally will reach this term in March 19. Now, I would like to ask you, my wife will apply for residential card in December 17, I was wondering if at the same time she will be able to apply for me (her husband, still not 5 years in uk) as a group of her family or do I need to wait? Kind regards
Momo - 3-Apr-17 @ 10:55 AM
My husband and kids are british national husband is in uk and kids are in pakistan. My husband is doing job to meet the financial requirements for spouse visa is it possible that he sponsor me on visit visa so that he'll meet kids and then i come back and apply for permanent visa. Thanx
hira - 2-Apr-17 @ 8:53 AM
My wife is an EU citizen. Having lived in the Uk for several years, she now has a UK residency card. Can she get a similar card for our children by applying online? We can’t find any direct links. Thank you (I’m Australian, so I’m not sure about my status - just an aside).
CC - 2-Apr-17 @ 8:40 AM
My husband and kids are british national husband is in England and kids are in pakistan with me. My husband is doing job to meet financial requirements for my visa . During that period is it possible that my husband sponsor me on visit visa he will meet kids then i come back and apply for permanent visa. Thanx
hiri - 2-Apr-17 @ 8:38 AM
Hi, I was in the process of completing the permanent residence card online application when I saw that a EHiC s1, s2 , S3 is required but it shouldn't be issued in U.K. I have my EHIC issued in U.K. For a few years now. Any chance you have any idea how can I get one which is not issued in U.K.or if they'll accept the one I already have? Or it's best to get private health insurance? I would like to mention that I am a Romanian living in U.K. for over 5years. Many Thanks
Lowri - 31-Mar-17 @ 5:00 PM
Hi, i was born in Argentina but came to the UK in 1977. I was granted leave unrestricted to remain in 1986 I took the citizenship test over 5 years ago but never applied for my UK passport .I still hold a passport from Argentina. Do i need to apply for residency or just apply for a UK passport? Any information is much appreciated.
Lele - 31-Mar-17 @ 3:53 PM
Jd - Your Question:
I am a British citizen and have been married to my Italian husband for 46years. We have always resided in the UK but now my husband would like to become a British citizen could you please tell me the procedure and cost involved to do this.Thank you.

Our Response:
EU nationals who have lived continuously and lawfully in the UK for at least sixyears are eligible to apply for British citizenship if they would like to do so.The eligibility requirements can be found here.
AboutImmigration - 31-Mar-17 @ 12:02 PM
I am a British citizen and have been married to my Italian husband for 46years. We have always resided in the UK but now my husband would like to become a British citizen could you pleasetell me the procedure and cost involved to do this. Thank you.
Jd - 30-Mar-17 @ 11:23 AM
hini - Your Question:
My husband is british national by birth he is doing uber taxi job in uk my daughters born in pakistan and they both got british passport. It's must to show 6 months wage slips for my visa or if we show 3 months wage slips is it ok because my daughters miss their dad and can' t move because of me.thanku

Our Response:
You have to stick to the strict criteria of the application requirements that say your husband has to show at least six months wage slips and be earning the required amount. If he does not, it will mean your visa will be turned down, you would lose your application fee and have to make a fresh application at such a time when he fulfils the terms. I'm afraid the Home Office/UKVI will not make any concessions.
AboutImmigration - 29-Mar-17 @ 2:51 PM
Agwash- Your Question:
Hello am a Kenyan but I am interested to travel to UK and live there but I has been hard for me to get a residence card from commonwealth and visa I need your help and advice.

Our Response:
I can only direct you to the gov.uk link here which will help clarify your eligibility. We cannot help with visa problems and issues - for this you would have to seek advice from an immigration professional.
AboutImmigration - 29-Mar-17 @ 10:11 AM
My husband is british national by birth he is doing uber taxi job in uk my daughters born in pakistan and they both got british passport. It's must to show 6 months wage slips for my visa or if we show 3 months wage slips is it ok because my daughters miss their dad and can' t move because of me.thanku
hini - 28-Mar-17 @ 9:49 PM
Hello am a Kenyan but I am interested to travel to UK and live there but I has been hard for me to get a residence card from commonwealth and visa I need your help and advice.
Agwash - 28-Mar-17 @ 9:23 AM
I am British citizen and leaving in Italy . My wife is non EU citizen have five years residency card and 19 years my wife,s daughter have residency card and she is student here . We want to move uk can you guide us please.i am here living without job and 57 years old .Thanks
Sohail Malik - 25-Mar-17 @ 11:52 AM
Irish S - Your Question:
I'm Irish and have lived in the U.K. for over 20 years. My wife is Spanish and has lived here for 18 years. Our daughter was born here. What's our status with regards to Brexit? Thank you

Our Response:
Please see gov.uk link here which will give you more information.
AboutImmigration - 21-Mar-17 @ 12:33 PM
jimmy - Your Question:
Dear All,Been living in UK for 21 years.Romanian Citizen.Got right to remain in 2003 December 6.Ever since it never cross my mind to apply for British Citizenship and I believe now I need it.Please advice if still need to apply for Indefinite Right to Remain or direct for British Citizenship.Regards

Our Response:
Please see link here which should help you further.
AboutImmigration - 21-Mar-17 @ 11:36 AM
I'm Irish and have lived in the U.K. for over 20 years. My wife is Spanish and has lived here for 18 years. Our daughter was born here. What's our status with regards to Brexit? Thank you
Irish S - 20-Mar-17 @ 6:03 PM
Dear All, Been living in UK for 21 years. Romanian Citizen. Got right to remain in 2003 December 6. Ever since it never cross my mind to apply for British Citizenship and i believe now i need it. Please advice if still need to apply for Indefinite Right to Remain or direct for British Citizenship. Regards
jimmy - 20-Mar-17 @ 1:14 PM
Hello there. I was born in the UK in 1977. I hold a British passport, but I've never been to the UK since I was a little kid. I plan to go and settle in UK, but I could not get any job there or a scholarship because I am not a UK-resident. Please tell me what do I have to do in order to get resident there. P.S. I hold a master's degree in materials engineering. Thank you.
Lightblue34 - 14-Mar-17 @ 11:35 AM
Su - Your Question:
My husband is a Canadian citizen, I am a British citizen and have permanent residency in Canada and we are married 9 years we wanted to move back to England , would my husband need to apply for British permanent residency from within the UK, or can we start the process from Canada. And when he can get national insurance number

Our Response:
Before you can apply, you would have to be classed as 'ordinarily resident' in the UK and earning a salary of £18,600 (for at least six months) or have savings of over £62,500. You would have to also fulfil all the other requirements laid out in the gov.uk link here.
AboutImmigration - 13-Mar-17 @ 11:42 AM
My husband is a Canadian citizen, I am a British citizen and have permanent residency in Canada and we are married 9 yearswe wanted to move back to England , would my husband need to apply for British permanent residency from within the UK, or can we start the process from Canada.And when he can get national insurance number
Su - 12-Mar-17 @ 10:40 AM
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