Indefinite leave to remain for family members

If you’re the partner or child of a British citizen or a person settled in the UK, we might be able to help you apply for settlement status.

Settlement status, also known as indefinite leave to remain, will allow you to live, work and study in the UK with nearly no restrictions.

Applications for indefinite leave to remain are always complicated and can take a long time to complete. With the help of our solicitors your application process will be as quick and painless as we can make it, allowing you to focus on your family and your future together.

Our immigration solicitors have a wealth of experience assisting with exactly these kinds of applications. If you think your application would benefit from our expert help and support, please get in touch.

How long you can stay

If you are successful in applying for indefinite leave to remain, you will be able to stay in the UK without any time restrictions. In addition to this, after you have lived in the UK on indefinite leave to remain for at least a year, you may also be eligible to apply for British citizenship.

Partner of a British citizen or a person settled in the UK

Eligibility

You may be eligible for settlement if your partner is a:

  • British citizen
  • Person settled in the UK

Partners are defined as two people in a genuine relationship. You must be able to prove that you’re either:

  • Married
  • In a civil partnership
  • Been in a relationship for two years

To be eligible, you and your partner must intend to continue your relationship after you apply for settlement.

General requirements

You need to have been living in the UK under a ‘partner of a settled person’ visa for five years, or ten years if you applied for your visa on or after 9 July 2012.

If you are between 18 and 64 years old when you apply, you must also pass:

  • The Life in the UK Test
  • An English language test

Your application can be refused if you have:

  • A criminal record in the UK, or another country
  • Provided false or incomplete information to the Home Office
  • Broken UK immigration law

Financial requirements

There is no financial requirement if you applied for your partner visa on the ten-year route.

However, if you’re on the five-year route you’ll need to prove you have at least:

  • £18,600 for each year, if you’re applying alone
  • £22,400 if you’re including a child
  • £2,400 for each additional child

You won’t need to prove this if you or your partner gets disability benefits or a carer’s allowance, but you will need to show you can provide adequate accommodation and support for yourself and any dependants.

Child of a British citizen or a person settled in the UK

General requirements

If you have a child that is under 18, you can apply for settlement on their behalf as long as your partner is their other parent. If your partner is not their other parent, they can still apply if:

  • You are the only surviving parent
  • You have sole responsibility for their upbringing
  • There are compelling reasons why they should be allowed to stay

Children under 18 must have or have had a valid visa to be in the UK. They must also:

  • Be living with you and your partner
  • Have proof they’ll have adequate support and accommodation, without the need for public funds
  • Not be married, in a civil partnership or living an independent life

If your child is 18 or over

If your child is 18 or over they may be eligible to settle if:

  • They have (or have previously had) permission to be in the UK as your dependant
  • You have permission to be in the UK as the partner of a British citizen or settled person

They must meet the same eligibility as a dependent child under 18. They may also need to pass:

  • The Life in the UK Test
  • An English language test

The application process

You may be eligible to apply for indefinite leave to remain in the UK, but the process of obtaining that status can be complex and lengthy.

Even the smallest mistake can result in your application being denied, and appealing a refusal can easily take between nine and 12 months. Fortunately, our team are here to help.

Documents you need to provide

To support your application you need to provide the following documentation:

  • A current and valid travel document or passport
  • One passport sized colour photograph
  • Evidence of your permission to be in the country
  • All previous passports
  • Tuberculosis (TB) certificate (where applicable)
  • Evidence of your marital status
  • Evidence of your current employment or studies A1 of the Common European Framework of Reference (CEFR)
  • Bank statements
  • Bank letter or balance certificate
  • Payslips
  • Details of the accommodation
  • Your police registration certificate if you have one

Expert immigration solicitors

To give you the best chance at a successful outcome, get in touch with our expert immigration solicitors today.

We have helped people from countries all over the world settle in the UK as family members of British citizens and settled persons. We are here to help you too.

Starting the process couldn’t be more simple!

  • Contact us Contact us Get in touch however suits you best and arrange a consulation with one of our solicitors
  • Meet an expert Meet an expert You’ll meet the expert solicitor assigned to your case and discuss all the necessary details
  • Authorise Authorise Once we’ve got all the details of your case and you’re happy to proceed, just give us the go-ahead
  • We get to work We get to work It’s time for us to get to work! We’ll set up your file on our system and get to work right away
We’re with you, every step of the way

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