Indefinite Leave to Remain for Family Members
Settlement is also known as indefinite leave to remain and an application under this category is usually solved within six months from date of application.
A family member of a person settled in the UK can apply for indefinite leave to remain if they are the partner or child of the settled person.
How Long you can Stay
If the application for indefinite leave to remain is successful the holder of this status can stay in the UK without any time restrictions.
Additionally, after you have been settled in the UK for a minimum qualifying period, you may be eligible to apply for citizenship.
To apply for Indefinite Leave to Remain, also referred to as “ILR” you must follow the application process as set out by the Home Office. Our immigration solicitors can manage your application for you, guide you through the application process and help you collect, review and submit the evidence that is required.
We ensure that you provide the Home Office with exactly the right information so you can be certain you are guaranteed the best chance at approval.
Eligibility Requirements for Family Members
There are further eligibility requirements you must meet if you do wish to apply for citizenship, and you will be required to pay a one off administration fee to the Home Office.
To find out if you are eligible to apply for permanent settlement in the UK, contact our expert immigration solicitors today.
Partner of a British citizen or person settled in the UK
You may be eligible for settlement if your partner is a:
- British citizen
- person settled in the UK
Partners are 2 people in a genuine relationship. You must be able to prove that either:
- You are married, or
- You are in a civil partnership, or
- You have been in a relationship for 2 years
You and your partner must intend to continue your relationship after you apply for settlement.
General requirements for partners
You need to have been living in the UK with 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 to 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:
- Got a criminal record in the UK or another country; or
- Provided false or incomplete information to the Home Office; or
- Broken UK immigration law
Financial requirements for partners
There is no financial requirement if you applied for your partner visa on the ten-year route. If you’re on the five-year route you’ll need to prove you have at least:
- £18,600 for each year for you
- £22,400 if you’re including 1 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 adequately accommodate and support yourselves and any dependants.
General requirements for dependants
Your child under 18 can apply for settlement on your application form if your partner is their other parent. If your partner is not their other parent, they can apply in the following circumstances:
- Their other parent is dead; or
- You have sole responsibility for their upbringing; or
- There are compelling reasons why they should be allowed to stay
Children under 18
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 be supported and accommodated adequately without using public funds
- Not be married, in a civil partnership or living an independent life
Children 18 and over
Your child 18 or over and over may be eligible to settle if:
- They have or have 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
Documents to provide
With 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
- Details of the accommodation
- Your police registration certificate if you have one
Apply for Indefinite Leave to Remain as a Family Member of a Settled Person
If you are the partner or child of a person settled in the UK you may be eligible to apply for indefinite leave to remain in the UK, however the process of obtaining such a status can be complex and lengthy.
Furthermore, even the smallest mistake can lead to your application being denied, and appealing a refusal from the Home Office can easily take between nine and 12 months.
Expert Immigration Solicitors
To secure the best chance at a successful application, especially when applying for long term settlement like indefinite leave to remain, contact our expert immigration solicitors today.
We have helped many people from countries all over the world settle in the UK as family members of British citizens and settled persons, and we are here to help you too.
Due to the large amount of services and the complexity of each case we cannot provide any standardised fees without knowing a little bit more about your situation.
However, if you get in touch with us we can discuss in detail what charges you can suspect and what fees we will charge.
Full transparency at all times
We aspire to be completely transparent on pricing from the beginning, so none of our clients will ever be surprised at the end of the process.
Furthermore, we believe advice and support from our team of solicitors should be affordable to those in need.
This is why we provide competitive prices across our range of services.
|Immigration solicitor fees|
|30 minute consultation||£60 + VAT|
|Visit visa applications||From £700 + VAT|
|Entry clearance cases - spouses||From £900 + VAT|
|Extension of visas||From £900 + VAT|
Please be aware that cost may differ depending on your personal circumstances.
The consultation fee is discounted at the end of the case if we are instructed.
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