Settled Status vs Permanent Residency: What is the difference?
If you are moving to the UK or currently residing in the UK as a South African national, you may be wondering what the difference is between settled status and permanent residency.
You may also be considering which you ought to apply for if you wish to remain in the UK indefinitely.
To find out what your options are, call our expert immigration lawyers on 0333 305 9375 or fill in our contact form.
Types of UK settlement
If you are hoping to settle permanently in the UK as a foreign national, it’s easy to become confused by the various forms of immigration permission relating to long-term residence.
You may be questioning the difference between Indefinite Leave to Remain, Settled Status, Pre-settled Status and Permanent Residence – our expert immigration lawyers are here to help.
When looking at the permanent residence status and settled status specifically, it is important to recognise that there are clear distinctions between the two. Since Britain left the EU, the immigration rules have changed significantly, including those regarding the types of UK settlement.
Settled status vs permanent residency
Prior to Brexit (Britain leaving the European Union), EU nationals could apply for a Permanent Residence card if they had lived in the UK lawfully for a period of five years and could prove that they were either working, self-employed, self-sufficient, studying, or looking for work. This was as a result of freedom of movement, allowing EU citizens to exercise their treaty rights.
However, following the EU referendum result in 2016, the UK government announced that the Permanent Residence Card scheme would expire once the Brexit transition period had ended on 31st December 2020. Instead obtained permanent residence now, EU citizens would now be required to apply for either Settled Status or Pre-settled Status (depending on which they qualify for) under the EU Settlement Scheme.
The EU Settlement Scheme (EUSS) was launched in January 2019 to allow EU nationals already living in the UK to remain once the Brexit transition period expired on 31st December 2020. They have until 31st June 2021 to acquire permission to remain under the EUSS. This includes those who already have a Permanent Residence Card, because – as previously mentioned – the legal status provided by this scheme expired at the end of 2020.
Those who have already lived in the UK for 5 years are able to apply immediately for EU Settled Status (if they haven’t already), while those who have not yet been in the UK for five years are able to apply for Pre-settled Status (which can then be switched to Settled Status once eligible).
If you are a South African national, you are classed as a non-EEA national, therefore you should not apply for Settled Status under the EU Settlement Scheme. Instead, to gain permanent residency in the UK, you should apply for Indefinite Leave to Remain.
What is Indefinite Leave to Remain?
Indefinite Leave to Remain (ILR) is a type of immigration status given to those who are granted permanent residence in the UK.
Those who hold ILR status are no longer restricted by immigration rules and are able to remain in the UK indefinitely; there is no longer a time limit on their permission to stay in the country.
To qualify for ILR, you must prove that you meet the eligibility criteria. Crucially, you will typically be required to live lawfully in the UK for five years before being eligible to apply for ILR.
For this reason, you may not be able to apply for ILR immediately – you should instead apply for a relevant visa that is suited to you and your personal circumstances and which can eventually lead to Indefinite Leave to Remain.
The main requirements for ILR are as follows:
- You have been living in the UK lawfully for a specified period of time (typically 5 years, but in some cases this may be 3 years)
- You have not breached immigration laws during your time in the UK
- You meet the B1 level of English as set out by the Common European Framework of Languages
- You have passed the Life in the UK test
- You have not exceeded the maximum number of absences from the UK during your qualifying period
How can the IAS help you?
No matter what your immigration matter is, our expert team of immigration lawyers can assist. We work closely with both British and South African citizens, providing tailored legal advice and practical assistance with a range of immigration queries – from citizenship to Spouse Visas.
If you are emigrating to the UK from South Africa, one of our IAA-accredited immigration lawyers can assist with your UK visa or citizenship application. We can check that you are eligible and prepare the application on your behalf, submitting this to the UK Home Office.
We also assist with appeals and detainee bail, as well as offering a bespoke document-checking service for those who choose to complete their own immigration applications but would like an expert to proofread it before submission.
To find out how we can help you, call us today on 0333 305 9375 or fill in our contact form at the top of the page.
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Legal Disclaimer
The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Immigration Advice Service before making any decisions based on the content provided.
Last modified on May 16th, 2023 at 2:09 pm
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