Citizenship vs Permanent Residency: Legal Definition, Immigration Status and Eligibility
What Is The Difference Between Citizenship and Permanent Residency?
Citizenship grants an individual full rights and responsibilities of a country, including voting and passport privileges, whereas permanent residency allows a person to live and work indefinitely in a country without those full civic rights.
Citizenship and Permanent Residency Legal Meaning
Citizenship vs Permanent Residency: The difference between Citizenship and Permanent Residency lies in their distinct rights, responsibilities, and privileges.
Citizenship and permanent residency are two important legal concepts determining a person’s status in a country.
What is Citizenship?
Citizenship refers to the legal status of a person who is a member of a particular country.
In most countries, citizenship is acquired either by birth within the country’s territory or through a formal process known as naturalisation.
Citizens are entitled to a range of rights, including the right to vote, work, receive government services, and live in the country without fear of being deported.
They are also subject to certain responsibilities, such as paying certain types of taxes and serving in the military if required.
One of the critical advantages of citizenship is that it gives a person a sense of belonging to a particular country.
Citizens can participate fully in the country’s social, cultural, and political life, and they can take pride in being part of a national community.
In addition, citizenship often carries several practical benefits, such as the right to work in a particular country without needing a work permit. Citizens are entitled to benefits.
What Is Permanent Residency?
Permanent residency refers to the status of a person who has been granted the right to live and work in a particular country on a long-term basis, but who is not a citizen of that country.
Permanent residents are usually required to have a valid permanent resident visa, which allows them to reside in the country indefinitely.
One of the key benefits of permanent residency is that it provides a person with the stability and security of knowing that they can live and work in a particular country without the risk of being deported – see Andrews v Law Society of British Columbia (1989).
Permanent residents are also usually entitled to work in the country without needing a work permit, and they may be eligible for some government benefits and services.
However, permanent residency does come with some limitations. For example, permanent residents are usually not entitled to vote in elections, serve in the military, or participate in certain government programs.
They may also be subject to restrictions on their ability to travel outside the country or to bring family members to live with them.
Citizenship vs Permanent Residency
While citizenship and permanent residency provide individuals with the right to live and work in a particular country, the two have several key differences. Some of the most important difference between citizenship and permanent residency include:
- Voting rights: Citizens are usually entitled to vote in elections, while permanent residents are not.
- Travel rights: Citizens typically have the right to travel in and out of the country without restriction. At the same time, permanent residents may be subject to restrictions on their ability to travel outside the country.
- Benefits and services: Citizens are usually entitled to a broader range of government benefits and services, while permanent residents may be eligible for fewer benefits and services.
- Sense of belonging: Citizenship gives a person a sense of belonging to a particular country, while permanent residency does not.
- Security: Citizenship provides individuals with the security of knowing that they can live and work in a particular country without the risk of being deported, while permanent residency provides a more limited degree of security.
The Difference between Citizenship and Permanent Residency
| Citizenship | Permanent Residency |
|---|---|
| Legal status of a member of a particular country | Legal status of a person who has been granted the right to live and work in a particular country on a long-term basis, but who is not a citizen |
| Entitled to a range of rights, including the right to vote, work, receive government services, and live in the country without fear of being deported | Entitled to live and work in the country, but may be subject to restrictions on voting rights, travel, and eligibility for government benefits and services |
| Participate fully in the social, cultural, and political life of the country | Limited participation in the social, cultural, and political life of the country |
| Sense of belonging to a national community | No sense of belonging to a national community |
| Usually entitled to travel in and out of the country without restriction | May be subject to restrictions on travel outside the country |
| Eligible for a wider range of government benefits and services | Security of knowing that they can live and work in the country without the risk of being deported |
| Security of knowing that they are able to live and work in the country without the risk of being deported | Limited security of being able to live and work in the country |
In The UK And US, Can Permanent Residency Status Lead To Citizenship Automatically?
In both the UK and the US, permanent residency status does not automatically lead to citizenship.
In the UK, permanent residents, known as “indefinite leave to remain” holders, must actively apply for citizenship after meeting certain residency requirements, including living in the UK for at least 5 years and passing a “Life in the UK” test.
Similarly, in the US, permanent residents, or green card holders, must apply for naturalisation after meeting specific criteria, which generally include residing in the US for at least 5 years, demonstrating good moral character, and passing English and civics tests.
In both countries, the process requires an application, fee, and adherence to legal procedures, emphasising that citizenship is a separate, deliberate step beyond obtaining permanent residency.
How Does A Criminal Record Affect Permanent Residency or Citizenship Applications?
A criminal record can significantly impact applications for permanent residency or citizenship. In both the UK and US, applicants with a criminal history may face rejection or delays.
The severity and nature of the crime, along with the time elapsed since the offence, are key considerations.
For citizenship applications in the US, demonstrating good moral character is crucial, and certain crimes can lead to disqualification.
In the UK, character assessments for residency and citizenship can result in denials for recent or serious offences. Each case is evaluated individually, with emphasis on legal compliance and public safety.
In The UK And US, How Does One Lose Permanent Residency Status?
In both the UK and the US, permanent residency status can be lost due to various reasons.
In the UK, indefinite leave to remain (ILR) can be revoked if the resident spends more than 2 years continuously outside the country or due to criminal activity.
In the US, green card holders may lose their status if they commit certain serious crimes, fail to obey immigration laws, or abandon their residency by living abroad for extended periods, typically more than one year without a re-entry permit.
In both countries, fraudulent activity or national security violations can also lead to loss of permanent residency.
Conclusion: Citizenship vs Permanent Residency
Citizenship and permanent residency are two important legal concepts determining a person’s status in a country. While they both provide individuals with the right to live and work in a particular country, the two have several key differences.
Citizenship gives a person a sense of belonging to a national community and a more comprehensive range of rights, benefits, and services.
Permanent residency, on the other hand, allows individuals to live and work in a country on a long-term basis but may come with certain limitations on their rights and eligibility for benefits and services.
Understanding the difference between citizenship and permanent residency is essential, as they can significantly impact a person’s life, opportunities, and overall sense of belonging.
