Best Permanent Residency Lawyers in Aberdeen

About Permanent Residency Law in Aberdeen, United Kingdom

In the United Kingdom, what most people call permanent residency is usually referred to as Indefinite Leave to Remain or ILR. For many EU, EEA, and Swiss citizens and their family members who moved to the UK before the end of the Brexit transition period, the equivalent status is called settled status under the EU Settlement Scheme. Aberdeen is in Scotland, but immigration and nationality law is a UK-wide system. This means the legal rules for ILR or settled status are the same in Aberdeen as elsewhere in the UK, though how you access local services and evidence your residence can be Scotland-specific.

Common routes to ILR include five years on a work route such as Skilled Worker, five or ten years on a family or private life route, ten years long residence based on continuous lawful residence, protection routes for refugees and those with humanitarian protection, and specific schemes such as the Hong Kong BN(O) route. Settled status is granted after five years of continuous residence under the EU Settlement Scheme. Both ILR and settled status make you free from time limits on your stay and usually remove the immigration health surcharge for future applications. They also unlock fuller rights in employment, education, healthcare, and social support, subject to wider eligibility rules.

Why You May Need a Lawyer

Many people manage an application on their own, but a regulated immigration lawyer or adviser can be crucial in several situations. If you have complex travel or work patterns and need help calculating absences and continuous residence, a lawyer can assess risks and present your residence evidence clearly. If you have criminal convictions, cautions, or previous immigration breaches, legal advice is important because ILR has suitability rules that can lead to refusal. If your immigration history involves multiple visas, gaps, or periods of overstaying, a lawyer can map the correct route, timing, and cure strategies.

Applicants using the long residence route face detailed rules about lawful residence and permitted absences, which changed recently. Family route applicants often need to meet financial and relationship evidence requirements that benefit from careful preparation. Refugees, survivors of domestic abuse, trafficking victims, or children in care may be eligible for fee waivers or special settlement routes that require specific documentation. If you receive a refusal or a complex request for further information from the Home Office, legal representation can help you respond effectively or challenge a decision through administrative review, appeal, or judicial review where available.

Local Laws Overview

Immigration and nationality law is reserved to the UK Parliament, so the rules for ILR and settled status apply the same in Aberdeen as in the rest of the UK. However, Scotland has its own legal system and devolved public services, which can affect the practical side of your life after settlement and the types of documents you may use as evidence of residence. For example, you may rely on Scottish documents such as NHS Scotland letters, council tax bills from Aberdeen City Council, tenancy agreements under the Scottish private residential tenancy system, and education records.

Right to work checks apply UK-wide. In Scotland there is currently no right to rent scheme for private landlords, unlike in England, which can reduce document demands in housing but does not remove the need to provide normal identity and tenancy documentation. Police registration for certain foreign nationals has been abolished UK-wide. NHS access in Scotland is generally free for those ordinarily resident, and those with ILR or settled status typically meet that standard. Voting rights differ by election type. In Scotland, many foreign nationals with leave to remain can vote in Scottish Parliament and local council elections. UK general election voting rules are stricter and depend on nationality. If you hold ILR or settled status and plan to apply for British citizenship, Scottish residence counts toward the UK residence requirements, but you must still meet Home Office rules on absences, good character, and tests.

For application logistics, biometrics are usually enrolled at a UKVCAS service point. Aberdeen normally has a UKVCAS location, which can make in-person appointments more convenient. Appeals for immigration cases in Scotland are heard by the First-tier Tribunal Immigration and Asylum Chamber, which sits in Scottish hearing centres, most commonly in Glasgow.

Frequently Asked Questions

What is the difference between ILR and settled status?

ILR is the general UK form of permanent residence granted after meeting route-specific rules such as work, family, protection, or long residence. Settled status is a specific type of permanent residence under the EU Settlement Scheme. Both remove time limits on your stay and allow broad access to work, study, and public services, but they are based on different legal frameworks and eligibility rules.

How long do I need to live in the UK before I can apply for ILR?

Most work and family routes require five years of qualifying residence. The long residence route generally requires ten years of continuous lawful residence. Some protection and special routes can lead to settlement sooner or on different terms. The exact timeline depends on your visa history and meeting absence limits and suitability rules.

What are the absence limits for ILR?

For most work-based routes, absences must not exceed 180 days in any rolling 12-month period during the qualifying years. Family routes focus more on proving that the UK is your home and your relationship is genuine, but long absences can still cause issues. Long residence and other routes have their own detailed rules that have been updated in recent years. A lawyer can help calculate your absences under the current Home Office method.

Do I need the Life in the UK Test and an English test?

Most ILR applicants must pass the Life in the UK Test and meet an English language requirement, typically at B1 level or higher, unless exempt because of age, disability, nationality from a majority English-speaking country, or an accepted degree taught in English. Settled status under the EU Settlement Scheme does not require these tests.

Can I apply from Aberdeen, and where do I give biometrics?

Yes. ILR and settled status applications are made online. You will usually give biometrics and submit documents through UKVCAS. Aberdeen typically has a UKVCAS service point, so you can attend locally subject to appointment availability and any extra service fees you choose to pay.

What happens if I have a criminal conviction or previous immigration problems?

ILR has suitability rules that consider criminality, deception, and breaches of immigration law. Even spent convictions can be relevant. Outcomes depend on the seriousness, recency, and pattern of conduct. Before applying, get regulated legal advice to assess risk, timing, and how best to present your case.

Will I lose ILR or settled status if I leave the UK for a long time?

If you hold ILR under the general rules and spend more than two continuous years outside the UK, you normally lose ILR and may need a returning resident visa. If you hold settled status under the EU Settlement Scheme, you can usually be absent for up to five continuous years without losing it, or up to four years if you are a Swiss citizen with settled status. Always check current rules before long absences.

Can my family get settlement with me?

Dependants can often qualify for ILR in line with or after the main applicant, provided they meet residence and suitability requirements. Spouses and partners usually follow Appendix FM rules. Children may be eligible based on their own residence or as dependants. For EU families, rules differ under the EU Settlement Scheme. The right route and timing depend on your family members status and history.

How much does ILR cost and how long does it take?

Home Office fees change from time to time, and optional priority services may be available for an additional charge. Standard processing can take weeks to a few months. Priority or super priority services, where available, can be much faster. Always check the latest fees and processing guidance before you apply.

Does ILR mean I am a British citizen?

No. ILR or settled status is not citizenship. It removes time limits and gives you strong residence rights. Many people can apply for British citizenship 12 months after getting ILR or settled status, or sooner if married to a British citizen and the residence rules are met. Citizenship has its own tests, residence limits, and good character requirements.

Additional Resources

UK Visas and Immigration, often called UKVI, publishes policy guidance, application forms, and fee information for ILR and the EU Settlement Scheme.

UKVCAS provides biometric enrolment and document submission services, with a service point normally available in Aberdeen.

Aberdeen City Council can provide council tax bills, school records, and other local documents that may help evidence residence. They also offer guidance on local public services after you obtain settlement.

NHS Scotland provides information about registering with a GP, hospital services, and proof of address needs. Those with ILR or settled status are generally fully eligible.

Citizens Advice Scotland and local Citizens Advice Bureaux in Aberdeen can offer free, confidential guidance and signposting for immigration, housing, and benefits issues.

Scottish Refugee Council supports refugees and people seeking protection across Scotland, including advice about moving from protection status to settlement.

Law Society of Scotland regulates Scottish solicitors. You can search for a solicitor who practises immigration law. In addition, OISC regulates immigration advisers across the UK.

Next Steps

Identify your route to settlement. Map your current visa or status to the correct settlement pathway, such as Skilled Worker, family life, protection, long residence, or the EU Settlement Scheme. Check the residence period, absence limits, tests, and suitability rules for that route.

Gather evidence early. Collect passports, BRPs or eVisas, payslips, P60s, employer letters, tenancy agreements, council tax bills, bank statements, school or university records, and NHS letters that show lawful and continuous residence in Aberdeen and the UK. Organise evidence by date and relevance.

Check tests and exemptions. Book the Life in the UK Test and an approved English test if required, or confirm your exemption through age, disability, nationality, or academic qualifications.

Review timing and travel. Plan your application window carefully, especially around absences and visa expiry. Avoid international travel during critical biometric or decision stages unless the service allows it.

Get regulated legal advice if anything is complex. Seek help from a Law Society of Scotland regulated solicitor or an OISC regulated adviser, especially if you have criminal matters, immigration gaps, refusals, complex absences, or need a fee waiver on an eligible route.

Apply online and attend biometrics. Complete the correct online form, pay the fee, upload documents, and attend UKVCAS in Aberdeen or another convenient location. Keep copies of everything you submit and evidence of payment and appointments.

After a decision, protect your status. If you are granted ILR or settled status, keep your decision letter, update your employer and any relevant institutions, and consider whether and when to apply for British citizenship. Plan travel to avoid losing status through long absences.

This guide provides general information, not legal advice. For tailored guidance about your circumstances in Aberdeen, consult a regulated immigration professional.