Immigration to the UK

As the UK Border Agency informs, all British citizens have the right of abode in the United Kingdom, that is, British citizens have the right to live permanently in the United Kingdom without any immigration restrictions. Some Commonwealth citizens also have the right of abode. If you wish to claim the right of abode, you must prove it by producing:

• a United Kingdom passport describing you as a British citizen or a British subject with the right of abode; or
• a United Kingdom identity card describing you as a British citizen or a British subject with the right of abode; or
• a certificate of entitlement to the right of abode in the United Kingdom that has been issued by the Government of the United Kingdom or on its behalf.

You may also be able to apply to live and work here if you can show you have United Kingdom ancestry. If you are a citizen of a Commonwealth country and one of your grandparents was born in the United Kingdom (including the Channel Islands or Isle of Man), you have United Kingdom ancestry. In this case, you can come here to work if you can show that:

• you are a Commonwealth citizen;
• you have a visa or other form of permission to enter the United Kingdom because of United Kingdom ancestry, or your permission to stay here in this category has previously been extended;
• you are aged 17 or over;
• you have a grandparent who was born in the United Kingdom (including the Channel Islands or Isle of Man) or a grandparent who was born in what is now the Republic of Ireland before 31 March 1922;
• you are able to work and you plan to do so in the United Kingdom; and
• you can adequately support and accommodate yourself and your dependants without help from public funds

Note that you must obtain permission to enter the United Kingdom on the basis of United Kingdom ancestry before you travel here. Note also that you will be allowed to stay for five years. After five years, you will be able to apply to live here permanently provided you still meet the requirements for United Kingdom ancestry and you have worked continuously in the United Kingdom for five years.

The section Partners and children of the UK Border Agency website (see the link below) explains how the husband, wife, partner or proposed partner of a permanent resident of the United Kingdom can apply to come to live in the UK, and how a permanent resident of the United Kingdom can apply for his/her child or children (including adopted children) to come to live in the UK. 

Some retired people may be able to apply to live in the United Kingdom, if they came to the United Kingdom through the retired people of independent means route and wish to extend their leave. To be able to extend your leave under this category, you must:

• currently have leave as a retired person of independent means route;
• have a minimum disposable income of £25,000 a year under your control in the United Kingdom (we explain what this means below);
• be willing and able to maintain yourself and any dependants indefinitely in the United Kingdom entirely from your own resources and without working or any help from public funds; and
• demonstrate a close connection with the United Kingdom.
• not have already spent five years in the United Kingdom in this capacity or where a grant of leave will mean that you would have spent a period in excess of five years in the United Kingdom in this capacity.

If you already have permission to stay in the United Kingdom temporarily ('limited leave to remain') and wish to stay longer, you can apply to extend your temporary permission to stay (also called 'temporary leave to remain') in the United Kingdom.

If you wish to apply for permission to settle in the United Kingdom permanently ('indefinite leave to remain'), you will need to show that you have enough knowledge of language and life in the UK. After you have lived legally in the United Kingdom for a certain length of time (usually between two and five years), you may be able to apply to live here permanently, depending on the category of visa you have.

For European citizens

EEA and Swiss nationals have the right to live and work in the United Kingdom. This is called the right of residence. You will only have the right of residence in the United Kingdom if:

• you are an EEA or Swiss national; and
• you are working in the United Kingdom; or
• you are able to support yourself and your family in the United Kingdom without becoming an unreasonable burden on public funds

If you have a right to live the in the United Kingdom, your family may join you. Your family is defined as:

• your spouse or civil partner;
• children or grandchildren of you, your spouse or your civil partner who are under 21 years of age or who are dependent upon you; and
• the parents or grandparents of you, your spouse or your civil partner.

If you are a student, only your spouse, civil partner or dependent children are entitled to a right of residence.

Other relatives (including extended family members such as brothers, sisters and cousins) do not have an automatic right to live in the United Kingdom. To be considered, the extended family member must be able to demonstrate that they are dependent on you. If you and your partner are not married or in a civil partnership, you must be able to show that you are in a durable relationship with each other.

If your family members are not EEA or Swiss nationals and they are coming to live with you permanently or on a long-term basis, they will need to apply for an EEA family permit before coming to the United Kingdom. The EEA family permit is similar to a visa and is issued by Visa Services. Your family members should apply for an EEA family permit at their nearest British diplomatic post. 

A registration certificate is a document issued to EEA nationals that confirms that person's right of residence under European law. You are not required to have a registration certificate to enter, live or work in the United Kingdom. Meanwhile, residence cards are issued to non-EEA national family members (family members of EEA nationals who are not themselves EEA nationals). The card confirms that person's right of residence under European law. Non-EEA national family members of nationals of Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia or Slovenia are not eligible to apply for a residence card until the EEA national has completed 12 months of continuous employment in the United Kingdom. Non-EEA national family members can apply for a family member residence stamp to confirm their right of residence under European law.

For further information on UK residency, please consult the UK Border Agency website http://www.ukba.homeoffice.gov.uk/ukresidency/.

See also:

Partners and children