Difference between ILR and PR?

[panus]

Hi
I am first time on this page and can see some decent advice from many mambers.

I have a few general questions (perhaps silly and simple but couldn't find an answer so far)

1)What is a difference between ILR and Permanent Residence?
In general they seems to mean the same(for me ).
2)which way is easier to obtain british passport (naturalisation) ILR or PR?
3)finally- if EEA3 form is used to apply for Permanent Residance what form should be used for ILR?

thanks for help
panus

[John]

Using your numbering :-

1. Once granted, effectively there is no difference. If you are on the UK immigration route the progression is to ILR. If on the EU route you progress towards PR.
2. No difference .... once granted the person is "settled " in the UK.
3. Dependent upon circumstances either EEA3 or EEA4 would lead to a PR sticker, but be aware that under EU regulations that came into force on 30.04.06, PR is automatic after exercising EU Treaty Rights for 5 years, so the PR sticker is merely confirmatory. ILR? That depends upon personal circumstances. The form would be SET(x) and the x would depend upon whether the person is here as a spouse, on WP or HSMP etc.

If someone's circumstances show they could use either the UK immigration route or the EU route, it might be the case that ILR would be obtained sooner on the UK route, than PR would be obtained on the EU route. However whilst applications on the EU route are free, those on the UK route are increasingly expensive. As they say, "you pays your money and takes your choice"!

[ashishashah]

Hmm.

But i was under the impression that you get PR 1 year after ILR ..

So e.g on HSMP you get ILR after 5 years ,after that if u spend one more year you will get PR..(Not sure about British Passport though)

[tekaweni]

No, a year after ILR you may apply for citizenship, and if your application is successful you can gleefully forget all about EEA3, EEA4, PR and ILR

[Christophe]

Hmm.

But i was under the impression that you get PR 1 year after ILR ..

So e.g on HSMP you get ILR after 5 years ,after that if u spend one more year you will get PR..(Not sure about British Passport though)

No, for practical purposes they amount to the same thing - as noted above both confer "settled" status in the UK. After I year of ILR/PR, you can apply for natuarlisation if you wish.

I think (though I stand to be corrected) that the logic behind the different terminology is simply that EU people don't require don't routinely require "leave" (i.e. permission) to remain in the UK. (ILR is, in fact, equivalent to what is called permanent residence in many countries and that term is often loosely used in the UK too for ILR and PR.)

[ashishashah]

Ok so "natuarlisation" means British Citizenship then??

So time line is

5 years PR/ILR
+1 year Citizenship/natuarlisation

Is this correct?

Ashish

[John]

Is this correct?

Well it is for some people but there are lots of variations here. For example someone married to (or in Civil Partnership with) a British Citizen, who has a 2-year spouse visa, can apply for ILR near the end of that 2-year period.

And after getting their ILR then apply for Naturalisation after they have been in the UK for 3 years.

Or someone else, comes to the UK on a student visa and stays on a student visa for 10 years, only after 10 years can they apply for their ILR, and Naturalisation a year after getting that ILR.

(10 years on student visa? Well yes, even children might need a student visa to attend a boarding school in the UK, so say a 11 yo child goes to boarding school, then on to university, could easily clock up 10 years on student visas.)

[panus]

I'm polish so i guess PR is the right way for me (rather than ILR)

I came to London 5 years ago - have 'done' 2 years on student visa then another 3 years as EU citizen. Can easily prove with P60's and lots of other papers.
So does that 2 years on student visa counts towards that 5 years required to PR?

Thank you for quick response on my previous question

panus

[John]

Panus, prior to new EU regulations coming into force on 30.04.06 your (legal) time in the UK prior to your country joining the EU would have counted. However a side-effect of the way those regulations are drafted is that your time in the UK prior to 01.05.04 no longer counts towards your 5-year requirement.

Accordingly it is not until 01.05.09 that you will get PR, and indeed you will get that PR automatically on that date even without applying for it, as long as it is clear that you have exercised EU Treaty Rights in the UK for 5 years.

Yes you can still complete a form EEA3 if you wish, but that will merely give you a confirmatory sticker .... and not actually give you any more rights.

Do keep all those P60s etc to prove that you have indeed been exercising your EU Treaty Rights.

Following on from the above it will not be until 01.05.10 at the earliest that you can apply for Naturalisation as British, unless you happen to be married to (or in Civil Partnership with) a British Citizen, in which case you could apply for Naturalisation as soon as you get your PR.

[global gypsy]

So time line is

5 years PR/ILR
+1 year Citizenship/natuarlisation

Is this correct?

The 'typical' work-related route would be:
5 years on Workpermit/HSMP > eligible to apply for ILR
+1 year on ILR > eligible to apply for citizenship/naturalization

[panus]

Yes you can still complete a form EEA3 if you wish, but that will merely give you a confirmatory sticker .... and not actually give you any more rights.

1) what actually gives me that sticker - does it mean anything
2)What would be a difference between that sticker and RP (EEA1)

Does RP give us (EU citizens) any rights?

thanks for help John

panus

[JAJ]

Yes you can still complete a form EEA3 if you wish, but that will merely give you a confirmatory sticker .... and not actually give you any more rights.

1) what actually gives me that sticker - does it mean anything
2)What would be a difference between that sticker and RP (EEA1)

Does RP give us (EU citizens) any rights?

PR for EU/EEA citizens gives the following rights:

- children born in the UK will be British citizens
- you can sponsor relatives for residence under the UK domestic law rules
- you can claim full welfare benefits
- your right to remain in the UK is no longer conditional on working/studying etc
- if immigration control is ever reimposed on EEA citizens your rights would be protected.

[Christophe]

Ok so "natuarlisation" means British Citizenship then??

Yes.

So time line is

5 years PR/ILR
+1 year Citizenship/natuarlisation

Is this correct?

Ashish

Yes, that is the normal time line, but as pointed above there are variations for different circumstances. The point I was meaning to make (although not very clearly) is that ILR vs PR makes no difference to the time line.

[Christophe]

Does RP give us (EU citizens) any rights?

PR for EU/EEA citizens gives the following rights:

- children born in the UK will be British citizens
- you can sponsor relatives for residence under the UK domestic law rules
- you can claim full welfare benefits
- your right to remain in the UK is no longer conditional on working/studying etc
- if immigration control is ever reimposed on EEA citizens your rights would be protected.

And for the avoidance of any confusion (even though ILR is not germane for the original poster), ILR gives those benefits as well - although the last point is irrelevant to non-EEA citizens.

[ANGELA LIMA]

Hi all,

I am a non eea family member who the residence permit has expired last Sunday. ( 5 years)
But I've being legally living in the UK for 10 years. 5 years as a student and 5 years as eea dependent no breach.

Can I apply through ILR instead of EEA route?

I am doing this , because I can use the Premium Service. Otherwise, I will lose my job / or be suspended at work and the Premium Service is faster.

Thanks
Angie

[John]

Can I apply through ILR instead of EEA route?

Unfortunately, no, you are on the EEA route and need to make your application using the EEA route, so PR it is.

Do appreciate that EEA documentation, such as Residence Card or PR, does not actually give you any rights. It merely confirms that you have those rights. So you remain legally in the UK. You have not suddenly become an overstayer. Very different from someone who had a visa issued under UK immigration law, which has now expired.

The problem is of course proving you now have PR status? Hence your reference to your employment.

I suggest you make your application as soon as possible for confirmation of your PR status, and if your employer raises any concerns you should encourage them to phone the Employer's Help Line, and hopefully they will get that you still have a right to work.

It is a shame that you did not submit your application 2 or 3 months ago.

[Universal soldier]

Can I apply through ILR instead of EEA route?

Unfortunately, no, you are on the EEA route and need to make your application using the EEA route, so PR it is.
.

He can apply for ILR too but it will be very expensive application fee with life in UK and English language test. He can also apply PR under EU route which is very cheap. He can apply both PR and ILR but the required documents will be same which are EU national treaty rights. Read long residences guideline which allow the EU route time to be counted for getting ILR under UK rules.

[ANGELA LIMA]

Dear all,

Which period of 5 years I send? My husband EEA national is living here for 11 years?

Regards,
Angie

[vinny]

Dear all,

Which period of 5 years I send? My husband EEA national is living here for 11 years?

Regards,
Angie

It may start from after you married him and living in the UK and with him being a qualified person or someone who has attained PR.