You can apply for Indefinite Leave to Remain as the Spouse of a settled person or British Citizen living and settled in the UK after completing 5 continuous years living in the UK under a UK Spouse Visa.
Can I apply for Indefinite Leave to Remain?
The UK offers several routes to settlement for partners and family members of British citizens and settled persons in the UK, under the Spouse or Civil Partner, Unmarried Partner, Adult Dependent Relative and Child immigration routes.
Requirements for Indefinite Leave to Remain for Spouses, Partners and Family Members
If applying for indefinite leave to remain as a Spouse, Civil Partner or Unmarried Partner, you will need to have completed 5 years (60 months) in the UK as the partner of a British citizen or settled person. You will also need to satisfy the strict financial requirement under Appendix FM to the Immigration Rules.
Unless an exemption applies, you will also need to meet the higher English Language requirement that applies to settlement applications and have passed the Life in the UK test.
If applying for indefinite leave to enter or remain as an Adult Dependent Relative or Child, you will need to demonstrate that you will be adequately maintained, accommodated and cared for without recourse to public funds. There is no English language requirement and it is not necessary to pass the Life in the UK test.
Each of the family related settlement categories also have their own additional eligibility criteria, which are summarised below.
The exact requirements you will need to satisfy will vary depending on your circumstances. You may want to speak to our expert immigration lawyers for legal advice.
What else do I need to know about Indefinite Leave to Remain for Spouses, Partners and Family Members
If you qualify for settlement, or indefinite leave to remain, you will be able to stay in the UK without any time restrictions.
Your settled status will lapse if you are absent from the UK for more than 2 years. If your ILR has lapsed, you may wish to consider applying for a Returning Resident visa in order to return to the UK.
Achieving permanent resident status is central to qualifying for a British passport, since Naturalisation as a British Citizen requires that the applicant be settled in the UK.
You will not need to satisfy the English language requirement or pass the Life in the UK test if you are under 18 or at least 65 years of age. The Home Office also has a discretion to waive the requirement if it would be unreasonable to expect you to fulfil that requirement due to a mental or physical condition. Various other exemptions also apply.
Making a Indefinite Leave to Remain for Spouses, Partners and Family Members application with OneLaw Chambers
At OneLaw Chambers, our immigration solicitors and barristers regularly assist with Indefinite Leave to Remain applications for Spouses, Partners and Family Members in order for applicants to remain and settle in the UK. We have assisted many foreign national applicants to prepare and submit successful Indefinite Leave to Remain applications for Spouses, Partners and Family Members and we have represented clients from all over the world.
Whether you require expert immigration advice on the requirements of the Immigration Rules, an independent immigration assessment of your prospects of qualifying for Indefinite Leave to Remain or professional immigration representation with preparing your Indefinite Leave to Remain applications for Spouses, Partners and Family Members, our immigration solicitors and barristers can help you.
We are committed to ensuring that our immigration solicitors and barristers prepare every immigration visa application with utmost quality and skill so that successful outcome is achieved every time. Our immigration solicitors and barristers operate in a friendly and cooperative manner to provide our clients with the best client care and service during the entire immigration application process.