Indefinite leave to remain if you have family in the UK

You may be able to apply for indefinite leave to remain if you have a family member settled in the UK

Indefinite leave to remain if you have family in the UK

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:
- a partner - with your family visa
- a partner - as a dependant on your partner’s work visa
- a parent - with your family visa
- a child - with your family visa
- a child - as a dependant on your parent’s work visa
- an adult dependent relative on a family visa

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 will need to apply the same way as your partner or parent settled or is applying to settle.

You can apply once you’re eligible.

If you are 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 will need to renew it first.

It costs £2,389 for each person applying. You can include your children on the same application form, if they are eligible.

You must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision. Your application will be withdrawn if you do.

Your current visa must be based on your relationship with your partner. You must be either:
- a husband, wife or civil partner
- in a relationship that’s like a marriage or civil partnership

You must also:
- have lived together since you last renewed your visa
- intend to continue your relationship after you apply
- Time you’ve spent in the UK

You must have been living in the UK on your family visa as a partner for at least:
- 5 continuous years if you’re on the 5 year route
- 10 continuous years if you’re on the 10 year route
- 2 continuous years if you’re on the 2 year route

If you are 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 include time you have spent in the UK:

- on any other visa
- as a fiancé, fiancée or proposed civil partner

If you are on the 10 year route, you can include time you have spent on both the 5 year route and the 10 year route to count towards your continuous residence.

Financial requirements if you are on the 5 year route: You and your partner must usually have a combined income of at least £18,600 a year.

You must prove you have extra money if you have children who:
- are not British or Irish citizens
- do not have pre-settled status
- are not permanently settled in the UK
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.

Financial requirements if you are on the 10 year route: There are no financial requirements but you will need to give information about your finances when you apply.

Financial requirements if you’re on the 2 year route: You must have enough money to house and support yourself and your children without using public funds.

Knowledge of language and life in the UK - If you are 18 to 64 you’ll need to:
- book and pass the Life in the UK Test
- meet the English language requirements by having a recognised English qualification with at least level B1 in speaking and listening or a degree taught or researched in English

You may be able to apply for indefinite leave to remain if both:
- you have a family visa as a partner or spouse
- your partner is settled in the UK - either as a British citizen or a person with indefinite leave to remain

There’s a different way to stay in the UK if:
- you’re a dependant on your partner’s work visa
- your partner has settled status under the EU Settlement Scheme
- your partner has died

Contact us to discuss your immigration matter by calling us on +44(0)7548856403 or email us on office@arukvisa.co.uk or by completing our Contact Form. One of our advisers will be happy to assist you personally.