Permanent residency

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Sample of a 2017 permanent resident card (green card) of the United States, which grants its holder the right to permanently reside anywhere in the country similar to that of all other Americans. Before a person can become a U.S. citizen, they must be a green card holder for at least 5 years and satisfy all other naturalization requirements. 2017-us-green-card-specimen.png
Sample of a 2017 permanent resident card (green card) of the United States, which grants its holder the right to permanently reside anywhere in the country similar to that of all other Americans. Before a person can become a U.S. citizen, they must be a green card holder for at least 5 years and satisfy all other naturalization requirements.

Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with such legal status is known as a permanent resident. In the United States, such a person is referred to as a green card holder but more formally as a Lawful Permanent Resident (LPR). [1]

Contents

Permanent residency itself is distinct from right of abode, which waives immigration control for such persons. Persons having permanent residency still require immigration control if they do not have right of abode. However, a right of abode automatically grants people permanent residency. This status also gives work permit in most cases. [1] In many western countries, the status of permanent resident confers a right of abode upon the holder despite not being a citizen of the particular country.

Countries with permanent residency systems

Not every country allows permanent residency. Rights and application may vary widely.

All European Union countries have a facility for someone to become a permanent resident, as EU legislation allows an EU national who moves to another EU country to attain permanent resident status after residing there for five years. The European Union also sets out permanent residency rights for long-term resident third country nationals under directive (2003/109/EC). A novel approach was the granting of rights across the national borders of states adhering to the directive.

As Hong Kong and Macau, both special administrative regions of China, do not have their own citizenship laws, the term "permanent residents" refer to persons with the right of abode in these territories. Most permanent residents of Chinese descent are Chinese citizens according to Chinese nationality law.

Other countries have varying forms of such residency and relationships with other countries with regards to permanent residency.

Japanese permission for permanent residence issued in 2011 on a French passport. Passeport francais - Visas japonais-v1.jpg
Japanese permission for permanent residence issued in 2011 on a French passport.

The regions that have some type of permanent resident status include:

Other forms of permanent residency

However, for voting, being voted and working for the public sector or the national security in a country, citizenship of the country concerned is almost always required.[ citation needed ]

Golden Visas

A "golden visa" is a permanent residency visa issued to individuals who invest, often through the purchase of property, a certain sum of money into the issuing country. Dating back to the 1980s, golden visas became much more popular and available in the 21st century. Golden visas require investments of anywhere from $100,000 in Dominica up to £2,000,000 in the U.K. The most common method for obtaining a golden visa is through the purchase of real estate with a minimum value. [15] Some countries such as Malta and Cyprus also offer "golden passports" (citizenship) to individuals if they invest a certain sum. [16]

The issuing of so-called "golden visas" has sparked controversy in several countries. [17] [18]

Limitations of permanent residents

Depending on the country, permanent residents usually have the same rights as citizens except for the following:

Obligations of permanent residents

Permanent residents may be required to fulfill specific residence obligations to maintain their status. In some cases, permanent residency may be conditional on a certain type of employment or maintenance of a business.

Many countries have compulsory military service for citizens. Some countries, such as Singapore, extend this to permanent residents. However, in Singapore, most first generation permanent residents are exempted, and only their sons are held liable for national service. [22]

In a similar approach, the United States has Selective Service, a compulsory registration for military service, which is required of all male citizens and permanent residents ages 18 to 26; this requirement theoretically applies even to those residing in the country illegally. [23] Applications for citizenship may be denied or otherwise impeded if the applicant cannot prove having complied with this requirement.

Permanent residents may be required to reside in the country offering them residence for a given minimum length of time (as in Australia and Canada). Permanent residents may lose their status if they stay outside their host country for more than a specified period of time (as in the United States).

Permanent residents have the same obligations as citizens regarding taxes.

Loss of status

Permanent residents may lose their status if they fail to comply with residency or other obligations imposed on them. For example:

Access to citizenship

Usually permanent residents may apply for citizenship by naturalization after a period of permanent residency (typically five years) in the country concerned. Dual citizenship may or may not be permitted.

In many nations an application for naturalization can be denied on character grounds, sometimes allowing people to reside in the country (as non-domiciled) but not become citizens. In the United States the residency requirements for citizenship are normally five years, even though permanent residents who have been married to a US citizen for three years or more may apply in three years. Those who have served in the armed forces may qualify for an expedited process allowing citizenship after only one year, or even without any residence requirement. [24]

Golden Passports

Since the 1990s, in addition to golden visas some countries have begun to offer golden passports to foreign nationals who invest (often through the purchase of property) a certain sum into the issuing country's economy. [25] The issuing of EU passports by Malta and Cyprus has sparked controversy but is expected to produced billions of euros in revenue for the issuing countries. [26]

Automatic entitlement

Full permanent residence rights are granted automatically between the following:

In some cases (e.g., the member states of the European Union) citizens of participating countries can live and work at will in each other's states, but don't have a status fully equivalent to that of a permanent resident. In particular, under the Trans-Tasman Travel Arrangement, Australia and New Zealand grant each other's citizens the right to reside permanently and work in each country; however, the rights and entitlements of New Zealanders living in Australia under this arrangement (the so-called Special Category Visa) are somewhat short of those of Australian permanent residents, in particular with respect to unemployment benefits and similar benefits.

Proof of permanent residency

People who are granted permanent residency in a country are usually issued some sort of documentary evidence as legal proof of this status. In the past, many countries merely stamped the person's passport indicating that the holder was admitted as a permanent resident or that he/she was exempt from immigration control and permitted to work without restriction. Other countries would issue a photo ID card, place a visa sticker or certificate of residence in the person's passport, or issue a letter to confirm their permanent resident status.

Brexit

The European Union Settlement Scheme is a scheme launched in 2019 by the UK Home Office to process the registration of EU citizens resident in the United Kingdom prior to its departure from the European Union.

Successful applicants receive either 'Pre-settled status' or 'Settled status', depending on the length of time they have been resident in the United Kingdom. [31]

See also

Related Research Articles

Passport Travel document usually issued by a countrys government

A passport is an official governmental document that contains a given person's identity. It helps its holder travel under its protection to and from foreign countries. The document certifies the personal identity and nationality of its holder. Standard passports contain the full name, photograph, place and date of birth, signature, and the expiration date of the passport.

Permanent residency in Canada category of nationality rights

Permanent residency in Canada is a status granting someone who is not a Canadian citizen the right to live and work in Canada without any time limit on their stay. To become a permanent resident a foreign national must apply to Immigration, Refugees and Citizenship Canada (IRCC), formerly known as Citizenship and Immigration Canada, under one of several programs. In addition to the conferred right of abode in Canada, a primary benefit of permanent residency is the eligibility to apply for Canadian citizenship after a certain period of permanent residency.

British National (Overseas) Class of British nationality

British National (Overseas), abbreviated BN(O), is a class of British nationality associated with the former colony of Hong Kong. The status was granted by voluntary registration to Hong Kong residents who had been British Dependent Territories citizens (BDTCs) before the transfer of sovereignty to China in 1997. Acquisition of BN(O) status was limited to the 10-year period preceding the transfer as a transitional arrangement for colonial subjects; current residents cannot newly register for this nationality.

The right of abode is an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction, and is immune from removal and deportation.

Right of abode in the United Kingdom British immigration status

The right of abode (ROA) is an immigration status in the United Kingdom that gives a person the unrestricted right to enter and live in the UK. It was introduced by the Immigration Act 1971 which went into effect on 1 January 1973. This status is held by British citizens, certain British subjects, as well as certain Commonwealth citizens with specific connections to the UK before 1983. Since 1983, it is not possible for a person to acquire this status without being a British citizen.

National identification card (Taiwan) ID card for Taiwanese (Republic of China) nationals

The Republic of China national identification card, commonly known as the national identification card of Taiwan, is a compulsory identity document issued to people who hold both nationality and household registration in Taiwan. The National Identification Card served as the evidence for the household registration in Taiwan which grants the holder the right of abode and full civil and political rights in Taiwan. The card is used for virtually all other activities that require identity verification within Taiwan such as opening bank accounts and voting.

A travel document is an identity document issued by a government or international treaty organization to facilitate the movement of individuals or small groups of people across international boundaries, following international agreements. Travel documents usually assure other governments that the bearer may return to the issuing country, and are often issued in booklet form to allow other governments to place visas as well as entry and exit stamps into them. The most common travel document is a passport, which usually gives the bearer more privileges like visa-free access to certain countries. However, the term is sometimes used only for those documents which do not bear proof of nationality, such as a refugee travel document.

Exit & Entry Permit

The Exit & Entry Permit for Taiwan, Republic of China is the document for the bearer to enter and/or depart Taiwan. Currently, there are several types of Exit & Entry Permit that reflect the bearer's residency status. The permit is issued by the National Immigration Agency of Taiwan. For different purposes, the permit is also known as

Residence card of a family member of a Union citizen

European Economic Area (EEA) citizens have the right of free movement and residence throughout the EEA. This right also extends to certain family members, even if they are not EEA citizens. A Residence card of a family member of a Union citizen is issued to the family member to confirm this right of residence. The holder of a valid Residence Card is entitled to use this document in lieu of an entry visa for entry to all EEA member states. There is not a unified format for this card throughout the EU.

Taiwanese nationality law Nationality law of the Republic of China (Taiwan)

Taiwanese nationality law details the conditions in which a person is a national of the Republic of China (ROC), commonly known as Taiwan. Civil and political rights usually associated with citizenship are tied to an ROC national's domicile, determined by whether they have household registration in Taiwan.

Visa policy of Taiwan Policy on permits required to enter Taiwan (ROC)

Visitors to the Republic of China (Taiwan) must obtain a visa or authorization in advance, unless they come from one of the visa exempt countries or countries whose nationals are eligible for visa on arrival. All visitors must hold a passport valid for 6 months.

Resident certificate

A Resident Certificate is the identity document issued to long-term or permanent residents of the Taiwan area of the Republic of China who do not have Household registration in Taiwan. In Taiwanese laws, all nationals with household registration are issued a National Identification Card. The Resident Certificate is issued by the National Immigration Agency. Currently, there are several types of Resident Certificate that reflect the bearer's immigration status.

Visa policy of Macau Policy on permits required to enter Macau

The Government of the Macau Special Administrative Region allows citizens of specific countries/territories to travel to Macau for tourism or business purposes for periods ranging from 14 to 180 days without having to obtain a visa. For other entry purposes, such as establishing residence on a long-term basis, a different policy applies.

Visa policy of Hong Kong Policy on permits required to enter Hong Kong

The visa policy of Hong Kong deals with the requirements in which a foreign national wishing to enter Hong Kong through one of the 15 immigration control points must meet to obtain an entry permit or Visa, which depending on the traveller's nationality, may be required to travel to, enter, and remain in the Hong Kong Special Administrative Region. Visitors from over 145 countries are permitted without Visa entry for periods ranging from 7 to 180 days, to the Hong Kong Special Administrative Region for tourism or certain business-related activities. All visitors must hold a passport valid for more than 1 month.

A residence permit is a document or card required in some regions, allowing a foreign national to reside in a country for a fixed or indefinite length of time. These may be permits for temporary residency, or permanent residency. The exact rules vary between regions. In some cases a temporary residence permit is required to extend a stay past some threshold, and can be an intermediate step to applying for permanent residency.

Visa policy of Canada Policy on permits required to enter Canada

The visa policy of Canada requires that any foreign national wishing to enter Canada must obtain a temporary resident visa from one of the Canadian diplomatic missions unless they hold a passport issued by one of the 54 eligible visa exempt countries and territories or proof of permanent residence in the United States.

Visa policy of Georgia Policy on permits required to enter Georgia

Visitors to Georgia must obtain a visa from Georgian diplomatic missions unless they come from one of the visa exempt countries. or one of the countries whose citizens can obtain an e-Visa. Visitors must hold a passport valid for the period of intended stay, while Georgian citizens can enter with a valid or expired passport or identity card.

British National (Overseas) passport British passport post-1987 for persons with British National (Overseas) citizenship

The British National (Overseas) passport, commonly referred to as the BN(O) passport, is a British passport for persons with British National (Overseas) citizenship. BN(O) citizenship was created in 1987 after the enactment of Hong Kong Act 1985. BN(O) citizens are permanent residents of Hong Kong who were British Dependent Territories citizens until 30 June 1997, and chose to remain British by registering for BN(O) citizenship when Hong Kong was under British administration.

U.S. re-entry permit

The Re-entry Permit is a travel document similar to a certificate of identity, issued by the United States Citizenship and Immigration Services to U.S. lawful permanent residents to allow them to travel abroad and return to the United States. It is a passport-like booklet with a blue-green cover with the words "TRAVEL DOCUMENT" on the front. Individuals whose application for permanent residency has not yet been approved can instead apply for advance parole.

Georgian nationality law

Georgian nationality law is the law governing the acquisition, transmission and loss of Georgian citizenship.

References

  1. 1 2 3 4 5 "Lawful Permanent Residents (LPR)". U.S. Dept. of Homeland Security (DHS). October 2, 2018. Retrieved 2018-10-17. See also 8 U.S.C.   § 1101(a)(20) ("The term 'lawfully admitted for permanent residence' means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant, such status not having changed."); Landon v. Plasencia , PD-icon.svgThis article incorporates text from this source, which is in the public domain . 459 U.S. 21, 32 (1982) ("As we explained... once an alien gains admission to our country and begins to develop the ties that go with permanent residence, his constitutional status changes accordingly.").
  2. 1 2 "Green Card". U.S. Citizenship and Immigration Services (USCIS). February 22, 2018. Retrieved 2018-10-17.
  3. ↑ For details, see the Unofficial translation of the “Administrative Measures for Treatment of Foreigners Residing Permanently in China” Archived 2013-08-07 at the Wayback Machine , 2012-12-18
  4. ↑ "Chinese 'green card': Who got it and how to get it". China Daily . 2018-06-20. Retrieved 2019-12-21.
  5. ↑ "Sedula Curaçao". Vergunning Curaçao (in Dutch). Retrieved 29 April 2020.
  6. ↑ "Finnish Immigration Service: Fact Sheet:Redidence permit for Finland Other than EU/EAA citizen (pdf)". migri.fi.
  7. ↑ "Étranger en France : carte de résident de 10 ans". service-public.fr. Archived from the original on 2010-02-15.
  8. ↑ Archived December 16, 2009, at the Wayback Machine
  9. ↑ "Want to apply: Permanent residence - UDI". udi.no.
  10. ↑ "Dirección Nacional de Migración y Naturalización". 2 January 2007. Archived from the original on 2 January 2007.CS1 maint: bot: original URL status unknown (link)
  11. ↑
  12. ↑ https://portal.moi.gov.qa/wps/portal/MOIInternet/departmentcommittees/permanentresidency
  13. ↑ Permit C (settlement permit) – Federal Office for Migration Archived October 23, 2007, at the Wayback Machine
  14. ↑ "中華民國內政部移民署全球資訊網 NATIONAL IMMIGRATION AGENCY". immigration.gov.tw.
  15. ↑ "Want To Live In Europe? "Buy" A Residency Permit". Forbes.com. Retrieved 2016-12-21.
  16. ↑ Where is the cheapest place to buy citizenship?, By Kim Gittleson BBC reporter, New York, 4 June 2014, https://www.bbc.com/news/business-27674135
  17. ↑ Canada kills investor visa popular with Chinese, by Sophia Yan @sophia_yan March 25, 2014: 2:21 AM ET , CNN,
  18. ↑ "Buying their way in". The Economist. 2014-11-20. ISSN   0013-0613 . Retrieved 2021-07-29.
  19. ↑ "D70391". Planalto.gov.br. Retrieved 2016-12-21.
  20. ↑ "Consular Services Charter | Smartraveller: The Australian Government's travel advisory and consular assistance service". Archived from the original on 2011-11-27.
  21. ↑ "Embassies | New Zealand Ministry of Foreign Affairs and Trade". Nzembassy.com. Retrieved 2016-12-21.
  22. ↑ "Singapore Permanent Residency". Expat Experience Singapore. Archived from the original on 2015-02-15.
  23. ↑ "Selective Service Systems > Home". Sss.gov. Retrieved 2016-12-21.
  24. ↑ General Naturalization Requirements Archived March 7, 2016, at the Wayback Machine
  25. ↑ The Oxford Handbook of Citizenship, Ayelet Shachar, Chapter 35, Citizenship For Sale?, pg. 790, Oxford University Press, 2017
  26. ↑ Malta’s golden passport scheme draws fresh criticism, Concerns centre on selection of Jersey consultancy to run operation targeted at the wealthy, FT.com, https://www.ft.com/content/6f98892e-fbf3-11e5-b3f6-11d5706b613b
  27. ↑ https://www.homeaffairs.gov.au/aboutyourvisa
  28. ↑ "LISSA Permanent Residence Permit - Legal Migration Services". LISSA. Archived from the original on 2018-12-11. Retrieved 2013-09-01.
  29. ↑ "UK Border Agency - Settling in the UK". Home Office. Archived from the original on 2014-03-08. Retrieved 2014-03-07.
  30. ↑ "nb Waiouru: No need to hide". Thomas Everard Jones. Retrieved 2014-03-07.
  31. ↑ "Apply to the EU Settlement Scheme (settled and pre-settled status)". gov.uk. UK Government. Retrieved 2 November 2019.
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