Settlement / ILR for Partners & Family Members

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Settlement and Indefinite Leave to Remain for Partners & Family Members

The UK provides several distinct routes to settlement for partners and family members of British citizens and individuals who are already settled in the UK. These include immigration pathways under the categories of Spouse or Civil Partner, Unmarried Partner, Adult Dependent Relative, and Child, each designed to accommodate different family circumstances and relationships.

What else do I need to know about Settlement for Partners and Family Members?

If you qualify for settlement, also known as indefinite leave to remain (ILR), you will be granted the ability to stay in the UK without any time restrictions. This means you can live, work, and study in the UK freely, without needing further visas or extensions.

It is important to note that your settled status will lapse if you are absent from the UK for a continuous period of more than 2 years. Should your ILR status lapse due to extended absence, you may want to consider applying for a Returning Resident visa to regain your right to return to the UK.

Achieving permanent resident status is a crucial step toward qualifying for a British passport because Naturalisation as a British Citizen requires that applicants hold settled status in the UK for a specific period before applying.

Additionally, you will not need to meet the English language requirement or pass the Life in the UK test if you are under 18 years old or at least 65 years of age. The Home Office also retains discretion to waive these requirements if it would be considered unreasonable to expect you to comply due to a mental or physical condition. Several other exemptions and special circumstances may also apply depending on individual situations.

What are the main eligibility requirements for Settlement for Partners and Family Members?

If you are applying for indefinite leave to remain as a Spouse, Civil Partner, or Unmarried Partner, you must have completed a continuous residence period of 5 years (equivalent to 60 months) in the UK as the partner of a British citizen or a person settled in the UK. In addition to the residency requirement, you will be required to satisfy the strict financial requirement outlined under Appendix FM of the Immigration Rules. Unless you qualify for an exemption, it is also mandatory to meet the higher English language requirement specifically applicable to settlement applications, and you must have successfully passed the Life in the UK test.

If you are applying for indefinite leave to enter or remain as an Adult Dependent Relative or as a Child, you will need to demonstrate that you will be adequately maintained, accommodated, and cared for without relying on public funds. Unlike other categories, there is no requirement to meet an English language standard, and passing the Life in the UK test is not necessary.

Each family-related settlement category comes with its own additional eligibility criteria, and these specific requirements are briefly summarised below to provide a clearer understanding of what is needed for each application.

Indefinite leave to remain as a Spouse or Civil Partner

After spending a continuous period of 5 years (60 months) living in the UK as the spouse or civil partner of a British citizen or someone who is already settled in the country, you may become eligible to apply for indefinite leave to remain (ILR) in the UK.

To qualify for indefinite leave to remain as a spouse or civil partner, you will need to provide evidence demonstrating that:

  • You have lived together with your spouse or civil partner in the UK since your initial grant of leave, or if there have been any periods when you have not lived together, you must show a good and valid reason for this absence that aligns with an ongoing intention to live together permanently in the UK;

  • You meet the higher-level English Language requirement that specifically applies to settlement applications, proving your proficiency in the English language;

  • You have successfully passed the Life in the UK test, which assesses your knowledge of British customs, history, and society.

Indefinite Leave to Remain as an Unmarried Partner

After residing in the UK for a continuous period of 5 years (60 months) as the unmarried partner of a British citizen or a person with settled status, you may become eligible to apply for indefinite leave to remain in the UK. This status allows you to live and work in the UK without any time restrictions.

To qualify for indefinite leave to remain as an unmarried partner, you will need to provide evidence demonstrating that:

  • You have lived together with your partner continuously in the UK since your initial grant of leave, or you have a valid and reasonable explanation, which aligns with a genuine and ongoing intention to live together permanently in the UK, for any time you may not have cohabited;

  • You meet the higher English Language proficiency requirements specifically set for settlement applications;

  • You have successfully passed the Life in the UK test, which assesses your knowledge of British culture, history, and government.

Meeting these criteria is essential to support your application and secure your indefinite leave to remain.

Indefinite leave to enter as an Adult Dependant Relative

In order to qualify for indefinite leave to enter the UK as an Adult Dependant Relative, you will need to satisfy UK Visas and Immigration that several specific criteria are met:

Firstly, you must be the parent aged 18 years or over, grandparent, brother or sister aged 18 years or over, or son or daughter aged 18 years or over of a person who is currently living in the UK. That family member must themselves be aged over 18 and must either be a British citizen, settled in the UK, or be someone who has been granted refugee leave or humanitarian protection status.

Secondly, due to factors such as your age, illness, or a disability, you must require long-term personal care. This care means ongoing help with everyday tasks such as washing, dressing, and cooking, which are essential for your wellbeing.

Thirdly, you should be unable to obtain the necessary level of care in your country of residence, even when considering any practical and financial support your family member in the UK might provide. This could be because such care is simply not available locally, or because no suitable person exists there — whether that be a close relative, a home-help worker, a housekeeper, a nurse, or access to a care or nursing home. Alternatively, it might be that the care options that do exist in your country are not affordable to you.

Lastly, you must demonstrate that you will be adequately maintained, accommodated, and cared for by your family member once in the UK, without relying on public funds. If your family member is a British citizen or is settled in the UK, they will be required to sign a legally binding five-year undertaking to this effect, confirming their commitment to your support.

Indefinite leave to remain as a Child

A child currently holding limited leave to remain as the child of a parent with, or applying for, limited leave as a partner may also be eligible to apply for indefinite leave to remain as the child of a parent, parents, or a relative who is present and settled in the United Kingdom. To qualify, the child must be able to satisfy UK Visas and Immigration that one of the following conditions applies:

  • Both parents are either British citizens or settled in the UK;

  • One parent is settled or in the process of settling in the UK, and the other parent is deceased;

  • One parent is settled or settling in the UK and has sole responsibility for the care and upbringing of the child;

  • One parent or a close relative is settled or settling in the UK, and there are compelling and compassionate reasons why the child should be permitted to remain.

In addition to meeting the above criteria, the child must also demonstrate that they fulfill the following important requirements:

  • They have a genuine relationship to the parent or relative as claimed in the application;

  • They are under the age of 18 at the date the application is submitted;

  • They are not married, in a civil partnership, or living an independent adult life separate from their parent or guardian;

  • There is satisfactory and adequate accommodation as well as maintenance arrangements in place for the child that do not require reliance on public funds or government benefits.

Meeting these criteria is crucial for a successful application for indefinite leave to remain, ensuring the child’s continued right to live in the UK under settled status.

Indefinite Leave to Enter as a Child

An application for indefinite leave to enter the UK as the child of a settled parent or relative may be appropriate in several specific circumstances. These include situations where the child is coming to the UK to live with both parents and either:

  • Both parents are British citizens or have indefinite leave to remain, or are being admitted at the same time for settlement purposes; or

  • One parent is a British citizen or has indefinite leave to remain, and the other parent is applying to come to the UK.

Alternatively, this application may be suitable where the child is coming to live with only one parent and one of the following applies:

  • One parent is a British citizen or has indefinite leave to remain, and the other parent is deceased;

  • One parent is a British citizen or has indefinite leave to remain, and that parent has had sole responsibility for the child’s upbringing;

  • One parent is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that make it undesirable to exclude the child from the UK.

In some cases, a child may be coming to live with another relative who is not their parent, under these conditions:

  • The relative is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that make it undesirable to exclude the child from the UK.

In addition to meeting the above criteria, the child will also need to demonstrate that they meet the following requirements:

  • They are related to the parent or other relative as claimed in the application;

  • They are under 18 years of age at the time the application is submitted;

  • They are not married, in a civil partnership, or leading an independent adult life;

  • There is adequate accommodation and financial maintenance provided for the child without recourse to public funds.

These provisions aim to protect the best interests of children seeking to join their families in the UK while ensuring immigration rules are properly adhered to.

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