永居和国籍¶
What is the difference between UK Permanent Residence (PR) and UK Citizenship?
UK Permanent Residence, also known as PR or Indefinite Leave to Remain (ILR), refers to the status of permanent residence in the UK. It is commonly referred to as a "green card" and allows individuals to reside permanently in the UK. Obtaining UK Permanent Residence means that you can stay in the UK without needing to apply for any other UK visa. It grants you the right to study, work, travel, conduct business, access various UK benefits, and enter the UK at any time. After holding Permanent Residence for one year, you can apply for UK citizenship; however, during that year, you should not spend more than 90 days outside the UK.
There are various pathways to apply for UK Permanent Residence, such as through the Tier 2 work visa route (after 5 years), the Entrepreneur visa route (after 5 years), or through the 10-year long residence route. There are also other ways to apply, which I can provide more information about in the future.
It's important to note that UK Permanent Residence allows individuals to reside permanently in the UK, while UK citizenship grants additional rights and privileges, such as obtaining a UK passport, voting in UK elections, and access to certain consular services abroad.
What is UK Citizenship?
UK citizenship, unlike citizenship in many other countries, is defined by the British Nationality Act 1981 and encompasses six types of UK citizenship: British Citizen, British Overseas Territories Citizen, British Overseas Citizen (BOC), British Subject, British National (Overseas) (BNO), and British Protected Person. The most common type is British Citizen, which grants automatic right of residence in the United Kingdom.
British Citizen:
This status is generally acquired through a connection with the United Kingdom, Channel Islands, and Isle of Man (referred to as "United Kingdom and Islands"). Most British citizens who obtained the right of residence through a connection with the British Islands under the Immigration Act 1971 became British citizens after January 1, 1983.
British Overseas Territories Citizen:
British Overseas Territories Citizens (BOTC), formerly known as British Dependent Territories Citizens (BDTC), have a connection with the British Overseas Territories. Due to the British Overseas Territories Act 2002, many individuals of this type also hold British citizenship. British citizens and British Overseas Territories citizens can hold both types of citizenship simultaneously.
British Overseas Citizen:
British Overseas Citizens (BOC) are individuals who were previously British subjects but were not eligible for British citizenship or British Overseas Territories citizenship. Many of them acquired British subject citizenship through a connection with former British colonies (such as Malaysia and Kenya).
British Subject:
British subjects, according to the British Nationality Act 1981, are British nationals who do not have British citizenship or citizenship of any British Overseas Territory. Most individuals of this type obtained this status through a connection with former British India and the Republic of Ireland before 1949.
British National (Overseas):
British Nationals (Overseas) (BNO) did not exist in the 1981 legislation. It was established by the Hong Kong Act 1985 and the Hong Kong (British Nationality) Order 1986. BNOs are former British Dependent Territory citizens in Hong Kong who applied for this status before the sovereignty of Hong Kong was transferred to the People's Republic of China. British Overseas Citizens in Hong Kong who did not acquire Chinese citizenship became British Nationals (Overseas).
British Protected Person:
British Protected Persons (BPP) are individuals from former protectorates of the British Empire ─ nominally independent countries under the sovereignty of the British monarch. The status of British Protected Person is sui generis, as it is neither considered a British citizen (or the old-style British subject) nor a foreigner (alien). Among the various types of UK citizenship, apart from British Citizens and British Overseas Territories Citizens, the others are residual categories. They have limited pathways for application (if any) and cannot be passed down to all children (unless the child would otherwise be stateless, which is extremely rare), and over time, these categories will disappear.
The differences between UK Permanent Residence (PR) and UK Citizenship are as follows:
Right to Vote and Participate in Government: Individuals with UK Permanent Residence do not have the right to vote in UK elections or be elected as a member of a jury or engage in certain government roles such as intelligence personnel.
Travel Visa Requirements: After obtaining UK Permanent Residence, individuals still need to apply for a tourist visa when traveling to other countries such as Europe, Australia, or the United States. However, holding UK Citizenship exempts individuals from applying for tourist visas in many countries due to visa-free agreements with the UK.
Nationality and Visa Requirements: With UK Permanent Residence, individuals retain their original nationality. Therefore, returning to their original country does not require a visa, and entry into the UK as a PR holder also does not require a visa. However, if someone obtains UK Citizenship and wishes to return to China, they would need to apply for a Chinese visa.
Permanency: UK Citizenship is permanent, meaning that even if a person spends a long time outside the UK for travel or work purposes, their citizenship will not be revoked. However, if someone holds UK Permanent Residence and does not reside in the UK for more than 2 years, their PR status can be revoked. The 2-year requirement entails entering the UK at least once every 2 years. Additionally, within the first 12 months after obtaining PR, one must not be absent from the UK for more than 90 days. Furthermore, to apply for UK Citizenship, a person must have resided in the UK for a total of 5 years without exceeding 450 days of absence within that period. If the limit is exceeded, an extension and restriction on leaving the UK are required before applying.
Protection and Revocation: Obtaining UK Citizenship grants permanent British citizenship and the protection of British overseas consulates. However, UK Permanent Residence does not confer British citizenship, and if a PR holder engages in serious violations or crimes in the UK (such as carrying prohibited items upon entry) resulting in detention or a sentence of 12 months or more, the UK government has the right to revoke their PR status without the possibility of appeal. In contrast, UK Citizenship is permanent, and unless a person voluntarily renounces their citizenship or engages in severe actions detrimental to national interests, the UK government cannot revoke their citizenship.
Access to Public Funds: Both UK Permanent Residence holders and UK Citizens are eligible for the same public welfare benefits in the UK, including healthcare, employment, education, public facilities, and pensions. However, individuals with UK Permanent Residence must meet the residency requirements in the UK. Applying for public welfare benefits while spending too much time outside the UK may affect future entry into the country and the application for UK Citizenship. Therefore, it is advisable for PR holders to avoid applying for welfare benefits, especially low-income ones, unless necessary. It is essential to inquire about the impact on naturalization and PR and review the specific details and eligibility criteria of the benefits.
Children's Nationality: If a person with UK Permanent Residence gives birth to a child in the UK, the child will have UK citizenship by birth. However, if the child is born in China, they will have Chinese citizenship, but they can apply for UK Permanent Residence later. If either parent is a UK citizen, regardless of the country of birth, the child will be a UK citizen from birth.
Travel Documents: UK Citizenship is evidenced by a UK passport, whereas UK Permanent Residence is evidenced by a Biometric Residence Permit (BRP) (expected to be abolished by January 1, 2025).
Education: Holding UK Citizenship often entitles children to free education in most public schools in the UK, excluding universities and private schools.