The UK has several immigration routes designed to ensure couples, parents and children can remain in the UK to maintain family relationships.

Settlement, also known as indefinite leave to remain (ILR), allows you to live, work and study indefinitely in the UK and apply for benefits if eligible. You can also use it to apply to naturalise as a British citizen.

We will outline the various routes to settlement for families, based on the following relationships:

1. Partner, Civil Partner or Spouse
2. Parent of a Child
3. Adult Dependent Relative

Indefinite Leave to Remain as a Partner, Civil Partner or Spouse

Spouses or partners of a British or settled person in the UK can apply for ILR after spending 5 years (60 months) in the UK on a spouse visa. You can apply up to 28 days before 60 months and the application must be submitted prior to the expiry of your existing visa.

If you are at the beginning of your settlement journey, please see our videos on how to complete a spouse visa.

The main requirements for spouse visa ILR are very similar to the initial spouse application and subsequent extension:

• Relationship
• Financial
• Accommodation
• KoLL – Knowledge of English and Life in the UK
• Suitability
• Absences

1. Relationship

   Both you and your spouse must be present in the UK. You must be able to show that you have been living together since your last visa renewal and intend to live together permanently after you apply for indefinite leave to remain. In other words, you remain in a genuine and subsisting relationship with your partner.

2. Financial

   This is perhaps the most difficult requirement to meet, and we recommend seeking expert legal advice to ensure the requirement is fully met before submission.

   You will need to demonstrate that you and your partner can support yourself, as well as any dependent children. The financial requirement is £18,600 per annum for a spouse with an additional £3,800 for the first child and £2,400 for each subsequent child.

   The financial requirement can be met in a number of ways, e.g., earnings from the applicant and/or their spouse, or cash savings. If your partner is in receipt of welfare benefits, there is no minimum income threshold and you will only need to show that you have sufficient funds to house and support yourself and any dependents.

3. Accommodation

   You will need to show that you have adequate accommodation for you and any dependents living with you. Further, it must be accommodation that the family owns or occupies exclusively, and without recourse to public funds. Accommodation will not be regarded as adequate if it is overcrowded or contravenes public health regulations.

4. Knowledge of Language and Life (KoLL)

   You will be required to show that you have sufficient ‘knowledge of the English language and about life in the UK.’

   You must meet the English language requirement at level CEFR B1. Unless you are a national of a majority English speaking country, you can prove sufficient knowledge of the English language through either a degree or academic qualification that was taught or researched in English or pass an English language test at level B1 from an approved test provider.

   You will need to pass a ‘Life in the UK’ test at an approved test centre. You will be exempt if you are aged under 18 or over 65, or you have a physical or mental condition which prevents you from meeting the requirement.

5. Suitability

   Even if you satisfy the eligibility criteria for ILR, your application may be refused if you fail to meet any of the suitability criteria under Appendix FM of the Immigration Rules. For example, your application may be refused if:

   • You are the subject of a deportation order;
   • You have a recent criminal conviction or have been convicted of a serious criminal offence for which you received a custodial sentence;
   • You have made false representations, provided false documentation or failed to disclose a material fact in relation to your application;
   • You have failed to pay any NHS charges where the value exceeds £500.
6. Absences

In contrast to other ILR applications, there is no maximum number of absences for spouse visa ILR. The Home Office’s guidance states any absences from the UK must be for “good reason” and be consistent with the “intention to live together permanently in the UK”. Each application will be considered on its merits and the Home Office will assess the reasons for the absence, length of the absence and whether the couple resided together during the absence.

ILR as a Parent of a Child

You can apply for ILR as a parent of a British or settled child in the UK once you have completed 5 continuous years on a parent visa (5-year route).

To make a successful application, you must satisfy all of the requirements:

• Suitability requirements under Appendix FM of the Immigration Rules (as above);
• You must not be in a relationship with the other parent of the child;
• You must have sole or shared responsibility for the child's upbringing and continue to intend to play an active role in the life of the child;
• Meet the financial requirement of adequate maintenance and accommodation;
• Meet the English language requirement at CEFR level B1 in listening and speaking;
• Pass the Life in the UK test (unless exempt).

If you are not quite at the ILR stage, we can help you make a successful first application for a parent visa.

ILR as an Adult Dependent Relative

The Adult Dependent Relative visa category is for adult dependent relatives of British citizens or settled persons, who wish to settle in the UK. From 1 June 2023, the adult dependent relative rules will be found in their own standalone Appendix Adult Dependent Relative.

You must make the application from outside the UK and meet the following requirements:

• You are 18 years old or older and are the parent, grandparent, brother or sister, son or daughter of a person who is in the UK and who is also 18 years or older.
• You require long-term personal care and help performing everyday tasks, e.g., washing, dressing, and cooking as a result of age, illness or disability,
• You are unable to access the required level of care in the country you are living even with the financial support of your family in the UK.
• You must demonstrate that care in your home country is not affordable, or no one can reasonably provide it (close relative, home-help, housekeeper, nurse, carer, care or nursing home).
• You will be adequately maintained, accommodated, and cared for in the UK by your family member, without recourse to public funds.
• You will provide a TB test pass certificate, if required.

It can be difficult to evidence these requirements and we would recommend seeking expert advice before submitting an application.

Need assistance?

ILR applications can be extremely complex, however our team of immigration and visa experts can advise on eligibility, timings of an application or how to make robust submissions. Please contact us today if you have any questions or would like to make an appointment.

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