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You may be able to apply for indefinite leave to remain if you have a family member settled in the UK – either as a British citizen or a person with indefinite leave to remain.
You can apply as:
Indefinite leave to remain is how you settle in the UK. It’s also called ‘settlement’. It gives you the right to live, work and study here for as long as you like, and apply for benefits if you’re eligible. You can use it to apply for British citizenship.
You’ll need to apply the same way as your partner or parent who is settled or is applying to settle.
If you’re not eligible through family in the UK, there are other ways to apply for indefinite leave to remain.
You can apply once you’re eligible.
If you’re applying as a parent or a partner with a family visa, the earliest you can apply is 28 days before you meet the requirements for time spent in the UK. Your application may be refused if you apply earlier.
Do not wait until your current visa expires. If your visa expires before you can apply for indefinite leave to remain, you’ll need to renew it first.
You may be eligible for indefinite leave to remain if your parent is either:
You can apply if you were born in the UK before your parent settled or if you have not applied for permission to be in the UK before.
You could apply for indefinite leave to remain as a dependant on your parent’s work visa even if they settled in a different way. For example, they had been in the UK for 10 years (‘long residence’).
Your parent must have had permission to be in the UK on a work visa when they settled.
There’s a different way to stay in the UK as a child if:
If you’re 18 or over, you must have had permission to be in the UK as your parent’s dependant before you turned 18.
They may be able to include you on their application instead.
If they’ve already applied for settlement and do not have a decision yet, you can apply separately as a child.
You must usually have an eligible visa. Which visa you need depends on the visa your parents settled on.You do not need a visa if you were born in the UK, and this is your first application to stay in the UK.
The visa your parents settled on | What visa must you have |
UK Ancestry visa | Any visa – except a visitor visa, Short-term study visa, Parent of a Child Student visa, Seasonal Worker visa, or a Domestic Worker in a Private Household visa |
Any other work visa | As a dependant on one of these visas (does not need to be as a dependant of your parent) |
If you’re over 18, you must have an eligible visa before turning 18.
You must also prove all of the following:
If you’re over 18, you must also meet some additional requirements.
Your parents’ last work visa can be any of the following:
Your parent can be a biological parent, an adoptive parent, or a step-parent if your biological parent has died.
If you live with 2 parents in the UK, both must be settled here or currently applying for settlement.
If you live with one parent, they must be settled and responsible for looking after you.
If they do not have sole responsibility for you, you may still be eligible if:
If you live with a relative who’s not your parent, there must be serious, compelling reasons why you should be allowed to stay in the UK.
You’ll also need to:
You’ll be told which documents you need to provide when you apply.
You must apply online.
Once you’ve started your application, you can save and complete your form later.
You can get help with completing the online form if you:
You can only use this service if you’re applying in the UK.
You cannot get immigration advice through this service.
You may be eligible for indefinite leave to remain if you have a family visa as a parent.
Your child must be living in the UK and either:
The eligibility criteria are different depending on if you’re on the:
If you’re not sure which route you’re on, check the letter you got from the Home Office when your ‘leave to remain’ was last approved.
You cannot apply for indefinite leave to remain as a parent if you both:
You must first apply for a visa as a partner and apply for indefinite leave to remain when you’re eligible.
If your child lives with you, you must have either:
sole parental responsibility
shared responsibility if your child’s other parent is a British citizen or settled in the UK
If your child lives with their other parent or carer, you must have access rights and shared responsibility. The child’s other parent or carer must be a British citizen or settled in the UK.
Your child must usually be under 18 on the date you apply for indefinite leave to remain if you are applying on the 5-year route.
If your child is 18 or over, you can still apply if both:
If you’re applying on the 10-year route, your child does not have to be under 18.
You must prove you have enough money to support and house yourself and your dependants without relying on public funds.
There are no financial requirements.
If you’re 18 to 64, you’ll need to:
You can include your other children on your application if they’re eligible – the eligibility is different for children under 18 or 18 and over.
You can add your other children to your application if all of the following are true:
Children 18 and over must have had permission to be in the UK as a dependant on your family visa before they turned 18. They must still not be living an independent life.
They’ll also need to:
You’ll be told which documents you need to provide when you apply. You’ll need to prove that:
On the 5 year route, you can include your other children on the same application form if they’re eligible. If you cannot add them to your application, your children may still be able to apply separately.
You must apply online. The form you use depends if you’re on the:
The earliest you can apply is 28 days before you’ve lived in the UK for 5 continuous years (or 10 years if you’re on the 10-year route). Your application may be refused if you apply earlier.
Do not wait until your current visa expires. If your visa expires before you can apply for indefinite leave to remain, you’ll need to renew it first.
Once you’ve started your application, you can save and complete your form later.
You can get help with completing the online form if you:
You can only use this service if you’re applying in the UK.
You cannot get immigration advice through this service.
It costs £2,404 for each person applying.
You’ll each need to have your biometric information (fingerprints and a photo) taken – there’s no fee for this.
You’ll usually get a decision within 6 months if you apply using the standard service.
You must not travel outside the UK, Ireland, the Channel Islands or the Isle of Man until you decide. Your application will be withdrawn if you do.
You may be able to apply for indefinite leave to remain if both:
There’s a different way to stay in the UK if:
The eligibility criteria are different depending on if you’re on the:
If you’re not sure which route you’re on, check the letter you got from the Home Office when your ‘leave to remain’ was last approved.
Your current visa must be based on your relationship with your partner. You must be either:
You must also:
If you’re on the 10-year route, you must have had permission to be in the UK based on this relationship for at least one year.
You must have been living in the UK on your family visa as a partner for at least:
You cannot include the time you’ve spent in the UK:
You must have lived in the UK for at least 10 years. You can include the time you’ve spent on any other visas which lead to indefinite leave to remain.
You cannot include your time in the UK as a fiancé, fiancée or proposed civil partner.
You and your partner must usually have a combined income of at least £18,600 yearly.
You must prove you have extra money if you have children who:
If you need to prove extra money for your children, you’ll need to earn an extra:
This is called the ‘minimum income requirement’.
If you get Personal Independence Payment, Carer’s Allowance or Attendance Allowance or certain other disability benefits, you only need enough money to house and support yourself and your children. This is called the ‘maintenance requirement’.
You must prove your income as you did when you applied for your family visa.
You must have enough money to house and support yourself and your children without using public funds.
There are no financial requirements.
If you’re 18 to 64, you’ll need to:
if you’re on the 5 or 2-year route You can include your children on your application if they’re eligible – the eligibility criteria are different for children under or over 18.
You can add your child to your application if all of the following are true:
Your partner must be your child’s other parent unless:
Parent means a biological parent, adoptive parent, or step-parent where the biological parent has died.
Children 18 and over must have had permission to be in the UK as a dependant on their family visa before they turned 18. They must still not be living an independent life.
They also need to:
You cannot include your children in your application.
You’ll be told which documents you need to provide when you apply. You’ll need to:
You must apply online. The form you use depends if you’re on the:
The earliest you can apply is 28 days before you meet the requirements for the time you need to have lived in the UK. Your application may be refused if you apply earlier.
Do not wait until your current visa expires. If your visa expires before you can apply for indefinite leave to remain, you’ll need to renew it first.
Once you’ve started your application, you can save and complete your form later.
You can get help with completing the online form if you:
You can only use this service if you’re applying in the UK.
You cannot get immigration advice through this service.
You may be able to apply for indefinite leave to remain as a child.
You may be eligible if both:
You may also be able to apply if any of the following are true:
If your parent is unsure which route they’re on, they can check the letter they got from the Home Office when their ‘leave to remain’ was last approved.
If you were born in the UK after your parent settled here, you do not need indefinite leave to remain. Check if you’re a British citizen – you will either be a citizen or eligible to apply for citizenship.
Parents can apply on behalf of children under 18.
You must be able to prove all of the following:
If you live with one parent who became a British citizen after settling in the UK, you must have been their dependant when they got a settlement.
Your parent can be a biological parent, an adoptive parent, or a step-parent if your biological parent has died.
If you live with 2 parents in the UK, both must be settled in the UK.
If you live with one parent, they must settle in the UK and be responsible for looking after you.
If they do not have sole responsibility for you, you may still be eligible if:
If you live with a relative who’s not your parent, there must be serious or compelling reasons why you should be allowed to stay in the UK.
You must have depended on your parent or relative’s visa before turning 18.
They must now be settled and have had either:
You must still be living with your parent or relative and not be married, in a civil partnership or living an independent life.
You may also need to:
Your child must usually be under 18 on the date you apply for indefinite leave to remain if you are applying on the 5-year route.
If your child is 18 or over, you can still apply if both:
If you’re applying on the 10-year route, your child does not have to be under 18.
You must prove you have enough money to support and house yourself and your dependants without relying on public funds.
There are no financial requirements.
If you’re 18 to 64, you’ll need to:
You can include your other children on your application if they’re eligible – the eligibility is different for children under 18 or 18 and over.
You can add your other children to your application if all of the following are true:
You’ll be told which documents you need to provide when you apply.
You must apply online to settle as a child in the UK.
There’s a different way to apply as the child of a parent or partner on the 10-year route.
Once you’ve started your application, you can save and complete your form later.
You can get help with completing the online form if you:
You can only use this service if you’re applying in the UK.
You cannot get immigration advice through this service.
You may be eligible for indefinite leave to remain if your parent is either:
You can apply if you were born in the UK before your parent settled or if you have not applied for permission to be in the UK before.
If your parent is already settled You could apply for indefinite leave to remain as a dependant on your parent’s work visa even if they settled in a different way. For example, they had been in the UK for 10 years (‘long residence’).
Your parent must have had permission to be in the UK on a work visa when they settled.
There’s a different way to stay in the UK as a child if:
If you’re 18 or over, you must have had permission to be in the UK as your parent’s dependant before you turned 18.
You must usually have an eligible visa. Which visa you need depends on the visa your parents settled on.
You do not need a visa if you were born in the UK, and this is your first application to stay in the UK.
The visa your parents settled on | What visa must you have |
UK Ancestry visa | Any visa – except a visitor visa, Short-term study visa, Parent of a Child Student visa, Seasonal Worker visa, or a Domestic Worker in a Private Household visa |
Any other work visa | As a dependant on one of these visas (does not need to be as a dependant of your parent) |
If you’re over 18, you must have an eligible visa before turning 18.
You must also prove all of the following:
If you live with one parent who became a British citizen after settling in the UK, you must have been their dependant when they got a settlement.
If you’re over 18, you must also meet some additional requirements.
Your parents’ last work visa can be any of the following:
Your parent can be a biological parent, an adoptive parent, or a step-parent if your biological parent has died.
If you live with 2 parents in the UK, both must be settled here or currently applying for settlement.
If you live with one parent, they must be settled and responsible for looking after you.
If they do not have sole responsibility for you, you may still be eligible if:
If you live with a relative who’s not your parent, there must be serious, compelling reasons why you should be allowed to stay in the UK.
You’ll also need to:
You’ll be told which documents you need to provide when you apply.
How to apply You must apply online.
Once you’ve started your application, you can save and complete your form later.
You must apply online.
Once you’ve started your application, you can save and complete your form later.
Get help applying online You can get help with completing the online form if you:
You can only use this service if you’re applying in the UK.
You cannot get immigration advice through this service.
You may be eligible for indefinite leave to remain if you have a family visa as an adult-dependent relative. This visa is for people being cared for by a relative in the UK.
You must be over 18 and have permission to enter the UK as an adult-dependent relative.
The relative looking after you must both:
You do not need to prove your level of English or pass the Life in the UK Test.
Apply to settle at the same time as the relative who’s looking after you. Your visa will expire if they’re granted indefinite leave to remain before you.
You must apply online.
Once you’ve started your application, you can save and complete your form later.
You’ll be told which documents you need to provide when you apply.
You can contact UK Visas and Immigration (UKVI) for more information.
You can get help with completing the online form if you:
You can only use this service if you’re applying in the UK.
You cannot get immigration advice through this service.
You’ll be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometric information (your fingerprints and a photo).
You’ll also need to submit your supporting documents. You can:
Any children aged 6 or over must provide biometric information if you’re applying for them on your form.
You must not travel outside the UK, Ireland, the Channel Islands or the Isle of Man until you decide. Your application will be withdrawn if you do.
There is no standard processing time, but you’ll usually be told whether your application has been successful within 6 months.
Your application may take longer if your case is complex, for example:
If you urgently need to travel overseas, contact UK Visas and Immigration.
You can do the following:
You can lose your indefinite leave to remain if you stay outside the UK for more than 2 years at a time.
You may need to apply before you can return to the UK.
Excellum Legal Immigration Lawyers have demonstrated their capabilities in serving various applications for Spouse, Fiancée, and Partner visas.
Excellum Legal has extensive expertise in handling all sorts of applications. They will ensure that your application is ready for a favourable result.