Key eligibility criteria for settlement as a partner or family member

To qualify for indefinite leave to remain as a Spouse, Civil Partner, or Unmarried Partner, you must have spent a continuous period of 5 years (60 months) in the UK as the partner of a British citizen or a person who is settled. In addition, you are required to meet the financial threshold set out in Appendix FM of the Immigration Rules Unless you fall within an exemption, you must also satisfy the enhanced English language requirement for settlement and successfully complete the Life in the UK test. For those applying as an Adult Dependent Relative or as a Child, the requirements differ. You must show that you can be properly maintained, housed, and cared for without relying on public funds. There is no requirement to meet an English language standard or to pass the Life in the UK test in these categories.It is important to note that each family-based settlement route has its own specific criteria, which are outlined further below.

What can my relative do once they have ILR?

While on ILR, your relative has the right to work without any restrictions regarding salary, type of work, or hours. They can be self-employed, work long or short hours, and switch jobs at any time. Studying in the UK also becomes an option once your relative has ILR.  Not only this, but they are eligible to pay home fees for UK universities and apply for student finance just like British students.

Your relative can have access to public funds if they have ILR. This means you can usually receive healthcare through the NHS and claim job seekers’ allowance if you are searching for work. However, if you undertook responsibility for an adult dependent relative or child, this undertaking may still stand. 

Lastly, having ILR means your relative does not have to worry about restrictions for leaving and re-entering the UK. While ILR can lapse if they have been outside the UK for more than 2 years, they do not have to tally up every little trip outside the UK to ensure they are following the immigration rules. By nature, your relative’s leave is indefinite if you have ILR, so they never need to extend or reapply to retain these rights.

Settlement as a Spouse or Civil Partner.

If you have lived in the UK for 5 years (60 months) as the spouse or civil partner of a British citizen or a person who is settled, you may be eligible to apply for indefinite leave to remain.

To qualify, you must show that:

• You and your partner have been living together in the UK since your leave was granted, or that any periods of separation are justified and consistent with an ongoing intention to live together permanently;
• You meet the higher English language requirement for settlement;
• You have successfully passed the Life in the UK test.

Settlement as an Unmarried Partner

Individuals who have spent 5 years (60 months) in the UK as the unmarried partner of a British citizen or settled person may also be eligible for indefinite leave to remain.

The requirements mirror those for spouses and civil partners. You must demonstrate that:

• You have cohabited in the UK since your leave was granted, unless there is a valid reason aligned with a continuing intention to live together permanently;
• You satisfy the higher English language requirement;
• You have passed the Life in the UK test.

Indefinite Leave to Enter as an Adult Dependant Relative

To be granted indefinite leave to enter as an Adult Dependant Relative, you must satisfy UK Visas and Immigration that:

• You are aged 18 or over and are the parent, grandparent, sibling, son, or daughter of a person in the UK who is also over 18 and is a British citizen, settled, or has refugee status or humanitarian protection;
• Due to age, illness, or disability, you require long-term personal care for everyday activities such as washing, dressing, or cooking;
• The required level of care is not available or affordable in your country of residence, even with financial and practical support from your UK-based family member;
• Your relative in the UK can provide suitable accommodation, maintenance, and care without reliance on public funds (and, where applicable, will sign a 5-year undertaking to confirm this).

Indefinite Leave to Enter as a Child

A child may be eligible to apply for indefinite leave to enter the UK in several situations, including:

• Where they are joining both parents, and either both parents are British citizens or settled (or being admitted for settlement at the same time), or one parent is settled and the other is applying alongside them;
• Where they are joining one parent who is British or settled, and the other parent is deceased, has sole responsibility for the child, or there are compelling reasons why the child should be allowed to come to the UK;
• Where they are joining another relative (not a parent) who is British or settled, and there are serious and compelling circumstances justifying the child’s admission.

In all cases, the child must also demonstrate that:

• The claimed relationship is genuine;
• They are under 18 at the date of application;
• They are not married, in a civil partnership, or living independently;
• Adequate arrangements for their accommodation and maintenance are in place without recourse to public funds.

Indefinite Leave to Remain as a Child

A child who already holds limited leave as the dependent of a parent in the UK may qualify for indefinite leave to remain if they can show that:

• Both parents are British citizens or settled in the UK;
• One parent is settled (or being granted settlement) and the other parent is deceased;
• One parent is settled (or settling) and has sole responsibility for the child’s upbringing;
• A parent or relative is settled (or settling) and there are compelling reasons why the child should be permitted to remain.

Additionally, the child must meet the same core requirements:

• The relationship to the parent or relative is as claimed;
• They are under 18 at the time of application;
• They are not married, in a civil partnership, or leading an independent life;
• Suitable accommodation and financial support are available without relying on public funds.

How Can Our Immigration Lawyers Help You?

Our team of specialist immigration lawyers can assist you in relation to your indefinite leave to remain application through expert legal advice, guidance, and representation on a fixed fee basis. Our fixed fee covers all the work in relation to your indefinite leave to remain application from initial instructions until a decision is reached on your application by the Home Office. If instructed, your case will be handled by a specialist immigration lawyer whose work will entail the following:

• Taking detailed instructions to find out all relevant facts;
• Advising you on the eligibility requirements of your application;
• Advising you on the suitability requirements of your application;
• Assessing the strengths and weaknesses of your case in light of your personal circumstances;
• Where necessary, advising you on the weakness if your case and the steps you may be able to take to mitigate those weaknesses;
• Presenting you with a comprehensive list of documents to provide in support of your application;
• Reviewing your documents to ensure they are in line with the requirements of the immigration rules in relation to your application and they are in the right format;
• Advising you on further documents to be provided where necessary following review of collated documents;
• Drafting your application form and presenting you with draft application for your consideration;
• Advising on the application form details and making amendments where necessary or requested by you;
• Drafting detailed letter of representations, demonstrating that all legal requirements relating to your application have been satisfied;
• Drafting witness statements for you and other relevant witnesses where necessary;
• Where possible, taking necessary steps to submit your application via Priority service to ensure faster processing time;
• Uploading all the necessary documents in support of your application onto the Home Office application portal;
• Arranging an appointment for you to enrol your biometrics as part of your application process;
• Liaising with the Home Office, where there has been a request for further information or documents;

Why Choose Our Specialist Immigration Lawyers?

Our expert immigration lawyers have a wealth of experience in handling all types of immigration applications and have successfully assisted many applicants with their ILR applications. Below is a summary of reasons why we are different and are the right fit for you:

High Quality Advice and Representations

Our team of specialist immigration lawyers handle each case with great care and attention to detail from outset to its conclusion. Our expert immigration lawyers will ensure that your case if progressed in a timely manner and that you receive the highest quality legal advice and representation throughout the life of your retainer. The quality of service provided by our team of specialist immigration lawyers are self-evident from our Google review.

Remote Legal Services

Our team of specialist immigration lawyers can provide you with excellent advice, guidance and legal representations remotely using modern means of communication. Whilst our expert immigration lawyer can meet you face to face in our offices at the heart of London, where a face-to-face meeting is not possible or convenient, our lawyers can represent you remotely without the need for you to attend our offices. Our expert immigration lawyers have successfully represented clients remotely from all four continents without their needing to attend our offices for a face-to-face meeting and can also represent you remotely if necessary.

Specialist Advice and Representation

If instructed, your matter will be assigned to a lawyer with specialist knowledge of immigration law who will handle your matter from initial instructions to its conclusion, and where necessary – such as in complex matters – your immigration lawyer will be assisted by other immigration lawyers to ensure the best possible legal advice and representation.

Fast Track Visa Processing Service

The Home Office (UKVI) provide a faster processing of application via its Priority Service application which enables you to get a decision on your (in-country) application within 24 hours of enrolling your fingerprints or within 5 days of enrolling your biometrics for out of country applications. Our specialist immigration lawyers can take all steps to submit your application via Priority service so that you can get a decision on your application in the shortest time possible.

Fixed Fees With Payment Plan

To help you with certainty regarding the costs of your legal representation, we provide services for a reasonable and affordable fixed fee. To further help our clients manage the costs associated with their application, we can offer an instalment plan so that you can pay your fixed fees in instalments. Please do note, however, that all instalments must be completed before you enrol your biometrics.