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UK Spouse Visa Guide 2026

UK Spouse Visa Guide 2026 If you are a British Citizen or you are settled in the UK, meaning that you have obtained Indefinite Leave to Remain (commonly referred to as ILR and also known as Permanent Residence) then your Spouse or Partner will require a UK Spouse Visa to join you in the UK. UK Spouse Visa Requirements In order to submit a valid UK Spouse Visa application you must be able to meet the following requirements: Your Relationship you and your partner are both at least 18 years of age; you are married and the marriage is legally recognised in the country in which you married. If you are not married then you must have been living together in a relationship akin to marriage for at least 2 years; the relationship is genuine and subsisting; you and your partner have met. The Financial Requirement You are required to demonstrate that you meet a minimum level of income or available savings. If you are applying outside the UK then only the British Citizen’s income can be considered. If you are applying inside the UK then joint income or the income of either partner can be considered. The minimum level of income is currently £29,000 per annum and this increases if you have children. Alternatively, or in addition to income, savings of over £16,000 held jointly or by either applicant can be used to meet the requirement. If you already hold a Spouse Visa and you are looking to extend or you are ready to apply for Indefinite Leave to Remain after five years holding Spouse Visa status then the Financial Requirement might be lower when using income and will be lower when using cash savings. The financial requirements can be quite complex, depending on your situation, and in particular for self-employed and Company Directors. Our Consultants have extensive experience with these applications and will be able to ensure that your application has the best possible chance of approval. The English Language Requirement The applicant must demonstrate that they have a minimum level of English language ability and this requirement can be bet by nationality, having a degree taught in English or an approved English language test. If you would like assistance with a UK Spouse Visa application then please feel free to contact us . Frequently Asked Questions: Can I apply for a Spouse Visa while I am in the UK? If you are in the UK with a visitor visa or other visa granted for less than 6 months then you would usually be expected to leave the UK and submit your UK Spouse Visa application from your home country. In most other cases where you are in the UK with a visa granted for more than 6 months you should be able to submit your visa application from within the UK. If you are currently outside the UK then you should submit your Spouse Visa application from your home country. What If I Cannot Meet These Requirements? If you are unable to meet the qualifying requirements then you might still be able to qualify for a Spouse Visa. If the UK Spouse Visa is granted outside the standard eligibility requirements then you might be placed on a 10-year route to Settlement rather than the standard 5-year route. Does the Spouse Visa allow me to work in the UK? Yes, you can work for any employer or in any capacity in the UK if you hold a Spouse Visa for the UK. Settlement – Indefinite Leave to Remain for UK Spouse Visa Holders After 5 years in the UK with Spouse Visa status you should be able to apply for Indefinite Leave to Remain , (also known as ILR or Permanent Residence). If your relationship ends then you may still be able to remain in the UK and qualify for ILR in due course depending on the length of time in the UK and how the relationship ended. British Citizenship for Partners of British Citizens Once you have obtained Indefinite Leave to Remain (ILR) then you can immediately apply for British Citizenship if you meet the qualifying criteria.

Unmarried Partner Visa

Unmarried Partner Visa The Unmarried Partner visa is for long-term partners of British Citizens or those who are Settled in the UK (holding Permanent Residence, Indefinite Leave to Remain or Settled Status) who wish to live with their partners in the UK. UK Unmarried Partner Visa Application Requirements In order to submit a valid UK Unmarried Partner Visa application you must be able to meet the following requirements: Your Relationship you and your partner are both at least 18 years of age; you can evidence that you have lived together in a relationship akin to marriage or a civil partnership for at least two years; the relationship is genuine and subsisting; you and your partner have met. any previous relationships have permanently broken down. The Financial Requirement You are required to demonstrate that you meet a minimum level of income or available savings. If you are applying outside the UK then only the British Citizen’s income can be considered. If you are applying inside the UK then joint income or the income of either partner can be considered. The minimum level of income is currently £18,600 per annum and this increases if you have children. Alternatively, or in addition to income, savings of over £16,000 held jointly or by either applicant can be used to meet the requirement. The financial requirements can be quite complex, depending on your situation, and in particular for self-employed and Company Directors. Our Consultants have extensive experience with these applications and will be able to ensure that your application has the best possible chance of approval. The English Language Requirement The applicant must demonstrate that they have a minimum level of English language ability and this requirement can be bet by nationality, having a degree taught in English or an approved English language test. If you would like assistance with a UK Unmarried Partner Visa application then please feel free to contact us . Frequently Asked Questions: Can I apply for an Unmarried Partner Visa while I am in the UK? If you are in the UK with a visitor visa or other visa granted for less than 6 months then you would usually be expected to leave the UK and submit your Unmarried Partner Visa application from your home country. In most other cases where you are in the UK with a visa granted for more than 6 months you should be able to submit your visa application from within the UK. If you are currently outside the UK then you should submit your application from your home country. What if I cannot meet these requirements? If you are unable to meet the qualifying requirements then you might still be able to qualify for an Unmarried Partner Visa. If the visa is granted outside the standard eligibility requirements then you might be placed on a 10-year route to Settlement rather than the standard 5-year route. Does the Unmarried Partner Visa allow me to work in the UK? Yes, you can work for any employer or in any capacity in the UK if you hold an Unmarried Partner Visa. Settlement – Indefinite Leave to Remain for Unmarried Partner Visa Holders After 5 years in the UK with Unmarried Partner Visa status you should be able to apply for Indefinite Leave to Remain , (also known as ILR or Permanent Residence). If your relationship ends then you may still be able to remain in the UK and qualify for ILR in due course depending on the length of time in the UK and how the relationship ended. British Citizenship for Partners of British Citizens Once you have obtained Indefinite Leave to Remain (ILR) then you can immediately apply for British Citizenship if you meet the qualifying criteria.

Fiance Visa

Fiance Visa The Fiance Visa is for engaged partners of British Citizens or those holding Settled Status in the UK who wish to enter the UK and marry within six months of arrival. Applications for a Fiance Visa must be submitted from outside the UK. UK Fiance Visa Application Requirements In order to submit a valid Fiance Visa application you must meet the following requirements: Your Relationship You and your partner are both over the age of 18; Your partner is a British Citizen or holds Settled Status in the UK; Your relationship is genuine and you intend to live together in the UK; You intend to marry and submit a Spouse Visa application within six months of arrival; You can understand and speak English to the required level; You are both free to marry. The Financial Requirement You are required to demonstrate that you meet a minimum level of income or available savings. If you are applying outside the UK then only the British Citizen’s income can be considered. If you are applying inside the UK then joint income or the income of either partner can be considered. The minimum level of income is currently £29,000 per annum and this increases if you have children. Alternatively, or in addition to income, savings of over £16,000 held jointly or by either applicant can be used to meet the requirement. The financial requirements can be quite complex, depending on your situation, and in particular for self-employed and Company Directors. Our Consultants have extensive experience with these applications and will be able to ensure that your application has the best possible chance of approval. The English Language Requirement The applicant must demonstrate that they have a minimum level of English language ability and this requirement can be bet by nationality, having a degree taught in English or an approved English language test. Frequently Asked Questions: Can I apply for a Fiance Visa in the UK? No, you can only apply from outside the UK. Can I work while I have a Fiance Visa? No, you must marry and apply for a UK Spouse Visa from within the UK within six months of entry. Once your Spouse Visa has been granted you can work in the UK.

Adult Dependant Relative Visa

Adult Dependant Relative Visa This category is generally used by those who are British Citizens or hold Settled Status (including holders of Indefinite Leave to Remain or Permanent Residence) to bring their non-EEA elderly dependant relatives to the UK. Adult Dependant Relative Visa Requirements You must be outside the UK to apply and need long-term care from a parent, grandchild, brother, sister, son or daughter who is living permanently in the UK. In order to qualify for the adult dependant visa, one of the following must also apply to the UK-based relative: they’re a British citizen they’ve settled in the UK – for example, they have indefinite leave to remain, settled status or proof of permanent residence they have refugee status or humanitarian protection in the UK In addition to the above, all of the following must apply to the adult dependant relative: You must prove all of the following: you need long-term care to do everyday personal and household tasks because of illness, disability or your age the care you need is not available or affordable in the country you live in the person you’ll be joining in the UK will be able to support, accommodate and care for you without claiming public funds for at least 5 years you’re 18 or over Frequently Asked Questions about the Adult Dependant Relative Visa: Is it difficult to qualify for the adult dependant relative visa? Yes, this is a particularly difficult visa to obtain for most applicants, one of the primary reasons being that the UK-based sponsor must show that they can afford to maintain, accommodate and provide care for their adult dependant relative in the UK but that they could not afford to provide such care in the UK. The family support that can be provided by the Sponsor in the UK that cannot be provided in the country of origin can be a key factor. What is the English language requirement? No English language requirement needs to be met by the applicant.

Points Based System PBS Dependant Visa

Points Based System – PBS Dependant Visa A PBS (Points Based System) Visa holder who wishes to bring their dependant partner and children (under the age of 18) with them to the UK can do so using the PBS Dependant Visa. PBS Migrants will generally hold Tier 1 and Tier 2 Visas, such as the Skilled Worker Visa but can also include Tier 4 Student Visa holders and other categories within the UK Points Based System. A ‘dependant’ is any of the following: your husband, wife or partner your child under 18 your child over 18 if they’re currently in the UK as a dependant. PBS Dependant Visa Requirements Unmarried partners must show that they have lived in a relationship akin to marriage for at least two years. The relationship must be subsisting and you must intend to live with your partner in the UK. A Maintenance Requirement will often need to be met to show that you have sufficient funds available to support yourself. This can be satisfied by an employer certifying the requirement for Tier 2 General visa holders and is not required for PBS Dependant Visa extension applications. Children must be under 18, unless extending existing PBS Dependant visas, and not have formed an independent life. For children, both parents must either be in the UK or be coming to the UK with the child. Certain countries will require applicants to have passed a Tuberculosis Test. There are a range of PBS Dependant Visa requirements depending on the type of visa held by the primary sponsoring migrant. If you would like to discuss your specific situation then please get in touch. Frequently Asked Questions: How long will a PBS Dependant Visa be issued for? The PBS Dependant visa will usually be granted to the same date that the primary visa holder’s Visa expires. Does the PBS Dependant Visa lead to British Citizenship? Yes. After five years in the UK, assuming you meet the requirements, you can apply for Indefinite Leave to Remain ( ILR ). One year after this you can apply for British Citizenship . If your partner has already obtained British Citizenship then you can apply as soon as you have been granted ILR without needing to wait one year. What if my partner gets ILR before I qualify? You can continue to extend as a PBS Dependant until you qualify for Indefinite Leave to Remain. You should not switch to a Spouse Visa category.

EU Settlement Scheme

EU Settlement Scheme From 01 January 2021 the UK will leave the European Union and EU Citizens will no longer have the right to Freedom of Movement within the UK. The EU Settlement Scheme provides a relatively straightforward way for EU Citizens who are already in the UK to secure their right to live and work in the UK under UK rules that will apply from 01 January 2021. EU Citizens who wish to come to the UK should do so before 31 December 2020. From 01 January 2021 EU Citizens will be subject to the same visa restrictions as other non-UK Citizens. Applications to the EU Settlement Scheme by those already in the UK should be submitted on or before 30 June 2021. EU Settlement Scheme: Pre-Settled Status This is equivalent to the previous Residence Card, provided to EU Citizens who are exercising Treaty Rights in the UK but have not done so for long enough to qualify for Permanent Residence. EU Settlement Scheme: Settled Status If you have worked as a PAYE employee in the UK for at least 5 full tax years then there is a good chance that the application system will immediately confirm that you have Settled Status. This is equivalent to Permanent Residence and Indefinite Leave to Remain (ILR). If Settled Status is not automatically granted but you can evidence that you have lived in the UK exercising Treaty Rights for at least 5 years then you will be given the chance to upload supporting documents to the Home Office for them to assess. Frequently Asked Questions: Do I get a document or stamp in my passport? No, your Pre-Settled or Settled Status is confirmed in the online portal and you are able to give access to anyone who needs to confirm your status in the UK. What do you mean by ‘exercising Treaty Rights’? The following are all examples of exercising Treaty Rights: Being of independent financial means; Working (employed or self-employed); Seeking work (registered as a job-seeker); Studying; What about my non-EU family members? Non-EU partners and children can also apply to the EU Settlement Scheme. How much does it cost to apply to the EU Settlement Scheme? The Home Office do not charge an application fee. How does an EU Citizen get British Citizenship? Once you have held Settled Status for at least 12 months you can apply for British Citizenship . If you are married to a British Citizen you may be able to apply immediately upon obtaining Settled Status.

Family Members of EU Citizens

Family Members of EU Citizens Until 31 December 2020 EU Citizens are able to bring their non-EU family members to the UK and those family members can then apply to the EU Settlement Scheme. Applications to the EU Settlement Scheme should be submitted by 30 June 2021. A ‘Family member’ is typically defined as a partner or child but can also be extended family members who are dependant on you. Family members of an EU Citizen would apply for Pre-Settled or Settled Status in the same way that the EU Citizen does and the same basic eligibility criteria apply. Children born in the UK If the child of an EU Citizen is born in the UK to a EU Citizen who held Permanent Residence or Settled Status at the time of the child’s birth then that child is automatically a British Citizen and can apply directly for a passport. If the child was born in the UK before the EU Citizen achieved Permanent Residence or Settled Status then the child can apply for Naturalisation as a British Citizen as soon as at least 1 parent has achieved Permanent Residence or Naturalisation. Frequently Asked Questions: What is the difference between Permanent Residence and Settled Status? Permanent Residence was granted to EU Citizens who had completed 5 qualifying years under the EU rules in place prior to the introduction of the EU Settlement Scheme. Settled Status is the same status as Permanent Residence but granted under UK rules to those applying to the EU Settlement Scheme. Both of these are broadly equivalent to ILR (Indefinite Leave to Remain). Can British Citizens use the EU Settlement Scheme for family members? If the British Citizen had established a life in a EU country other than the UK then the British Citizen will be able to show that they exercised Treaty Rights in that country and bring their non-EU family member to the UK. They should enter before 01 January 2021 and the non-EU family member should apply to the EU Settlement Scheme before 30 June 2021. This type of application is complex and professional assistance is strongly recommended.

British Citizenship for EU Citizens

British Citizenship for EU Citizens Before an EU Citizen can apply for Naturalisation as a British Citizen they will need to have obtained formal confirmation of Permanent Residence under the previous EU rules or Settled Status under the current rules, applied for by using the EU Settlement Scheme. Once the EU Citizen has held Permanent Residence or Settled Status for at least 12 months an application for Naturalisation as a British Citizen can be submitted. Eligibility for British Citizenship The following requirements must be met in order to qualify for an application for British Citizenship: Settled Status or Permanent Residence status must have been held for no less than 12 months (unless you are married to a British Citizen, in which case you can apply immediately after obtaining Settled Status or Permanent Residence); Passed the Life in the UK test; Evidence a suitable level of English language ability, either by having obtained a degree-level qualification in an English-speaking country, obtaining a degree-level qualification that was taught in English and is equivalent to a UK degree (confirmed by UK Naric) or taking a suitable English language test; Meet the ‘good character’ requirement; Meet the Residency requirement. The Residency Requirement for British Citizenship This will usually require you to have been absent from the UK for no more than 450 days during the 5 years prior to application or no more than 270 days in the 3 years prior to application if you are married to a British Citizen at the time of application. In either case, you must also not have spent more than 90 days outside the UK in the 12 months prior to application. Lastly, you must have been physically present in the UK 5 years to the day prior to the date upon which you submit your application for Naturalisation as a British Citizen. There is discretion allowed for higher levels of absence. If the standard permitted levels of absence from the UK are significantly exceeded then you need to demonstrate strong ties to the UK and be able to demonstrate compelling reasons for those absences. Children born in the UK If the child of an EU Citizen is born in the UK to a EU Citizen who held Permanent Residence or Settled Status at the time of the child’s birth then that child is automatically a British Citizen and can apply directly for a passport. If the child was born in the UK before the EU Citizen achieved Permanent Residence or Settled Status then the child can apply for Naturalisation as a British Citizen as soon as at least 1 parent has achieved Permanent Residence or Naturalisation.

Tier 1 Global Talent Visa

Tier 1 Global Talent Visa The Tier 1 Global Talent Visa is for leaders (exceptional talent), or potential leaders (exceptional promise), in the fields of science, medicine, engineering, humanities, arts and culture (including film and television, fashion design and architecture), and digital technology (including financial technology, gaming, cyber security and artificial intelligence). The UK Global Talent visa replaces the previous Tier 1 (Exceptional Talent) category and allows the holder to work in the UK in any capacity. UK Global Talent Visa Endorsement Before you can apply for the Global Talent Visa you need to have received an endorsement as a leader, or potential leader, in your field from one of the approved endorsing bodies, these being: The Royal Society – for natural and medical science applications The Royal Academy of Engineering – for engineering applications The British Academy – for humanities and social science applications Arts Council England – for arts, culture, fashion, architecture, film and television applications Tech Nation – for digital technology applications UK Research and Innovation (UKRI) – for science and research applications You may be eligible to apply without obtaining an endorsement if you have any of the following: a job offer as a senior academic or researcher, for example as a professor or reader at a university an individual fellowship a research grant that is approved by UK Research and Innovation (UKRI) If you do not, you can apply by having your application peer reviewed. You do not need a job offer, but your application will take longer. Each endorsing body has it’s own criteria and will require significant evidence to support your application for endorsement as a person of Exceptional Talent or Exceptional Promise before you can then submit your application for a Tier 1 Global Talent Visa. What About My Family Members Your dependant family members (usually a partner and children under 18 years of age) can join you as dependants. Can I Submit A Tier 1 Global Talent Visa Application In The UK You can only apply from within the UK if you currently hold visas in the following categories: Tier 1 Tier 2 ( Skilled Worker Visa ) Tier 5 (Temporary worker – Government Authorised Exchange) on an exchange scheme for sponsored researchers a Start-up visa an Innovator visa ILR for Global Talent Visa Holders Those who are endorsed as being leaders in their field (Exceptional Talent) can potentially apply for Indefinite Leave to Remain (ILR) after 3 years in the UK. Those who are endorsed as potential leaders (Exceptional Promise) should qualify for ILR after 5 years in the UK. Can I Apply for the Tier 1 Global Talent Visa On My Own Yes, you can apply without assistance for any visa. If you choose to engage us to assist then you will benefit from our extensive experience and expertise in successfully obtaining visas for those with exceptional talent. Get in touch to find out how we can help you.

Tier 1 Investor Visa

Tier 1 Investor Visa THIS VISA CATEGORY HAS BEEN CLOSED TO NEW APPLICATIONS FROM 18 FEBRUARY 2022. The Tier 1 Investor Visa allows non-EU Citizens to live and work in the UK in return for a significant investment. In order to qualify for the Tier 1 Investor Visa you will need to have at least £2million available to invest in actively trading UK Companies. Tier 1 Investor Visa Overview An initial Tier 1 Investor Visa application will result in a visa grant period of 3 years and 4 months. Within 3 months of entry to the UK you must have invested your funds into suitable UK investments. Alternatively, you can invest those funds within the 12 months prior to submission of your initial visa application. At the end of this initial visa grant period you can apply to extend for a further 2 years. The Tier 1 Investor visa allows you to live, work or study in the UK. You are not permitted to: work as a professional sportsperson or sports coach. access public funds. You also cannot work as a doctor or dentist in training unless one of the following applies: you have a primary degree at bachelors level or above in medicine or dentistry from a UK institution that holds a Tier 4 sponsor licence or is a UK recognised or listed body; you worked as a doctor or dentist in training the last time you were in the UK; neither of those conditions were part of the terms and conditions on a previous visa. Tier 1 Investor Visa Eligibility Requirements You must have at least £2,000,000 investment funds available to you in order to apply for a Tier 1 Investor visa. You must: be at least 18 years of age; be able to prove that the money belongs to either you or your husband, wife, unmarried or same-sex partner; have opened an account at a UK regulated bank to use for your funds. Your funds must be: held in one or more regulated financial institutions; free to spend (‘disposable’) in the UK. Your money can be in the UK or overseas when you apply. Tier 1 Investor Visa Extension A Tier 1 Investor Visa Extension application requires you to evidence that you had previously invested the full amount of at least £2million into the UK by way of UK share capital or loan capital in active and trading UK registered companies and this must have been done within 3 months of your entry to the UK. Tier 2 Investor Visa ILR Application You can apply for Indefinite Leave to Remain in the UK: after 2 years if you invest £10 million. after 3 years if you invest £5 million. after 5 years if you invest £2 million. You will need to show that you have not spent more than 180 days outside the UK during any 12-month period during the relevant qualifying period. In addition to the above requirements you will also need to pass the Life in the UK Test and satisfy an English Language requirement. These types of applications attract intense scrutiny from the Home Office and it is vital to ensure that the application is prepared and submitted correctly and that you are made fully aware of the requirements for extension of your Tier 1 Investor visa from the start so that you can avoid any issues in the future.

Tier 1 General Highly Skilled Visa

Tier 1 General Highly Skilled Migrant Visa The Tier 1 General Highly Skilled Migrant Visa category is currently closely. We remain hopeful that this popular visa category will re-open in 2021 and we will update this page if this happens. The Tier 1 General Visa allowed highly skilled migrants to come to the UK and work without needing to first find a UK employer to sponsor them. Successful applicants could work for any employer, establish their own business or work as a contractor. Any migrants who already held Tier 1 General visas should have already qualified for Indefinite Leave to Remain, either based on 5 years working in the UK or 10 years Long Residence. Points were awarded for age, education and the income previously earned. If there are any updates regarding the Tier 1 General visa we will update this page and announce such changes on our news page.

UK Ancestry Visa

UK Ancestry Visa Commonwealth Citizens who have at least one grandparent who was born in the UK can qualify for the UK Ancestry Visa. The Ancestry Visa provides the right to live and work in the UK for a period of up to five years. This visa can lead to Settlement ( Indefinite Leave to Remain ) and, thereafter, British Citizenship . Who Can Apply You can apply for a UK Ancestry Visa if you: are a Citizen of a Commonwealth Country ; are at least 17 years of age at the time of application; are applying from outside the UK; can prove that at least one of your grandparents was born in the UK; are able to and intend to work in the UK. can support yourself financially without recourse to public funds. Family Members You can bring your spouse, partner and/or your dependant children with you. They will have permission to remain in the UK for the same time that you can remain in the UK and there are usually no restrictions placed on their ability to work in the UK. Settlement – Indefinite Leave to Remain Once you have completed 5 years in the UK you may be able to apply for Indefinite Leave to Remain . You will need to meet the usual requirements, including meeting the residency requirements. British Citizenship Once you have held ILR status for at least 12 months you should be able to apply for British Citizenship by Naturalisation if you meet the qualifying requirements.

Indefinite Leave to Remain: Work Route

Indefinite Leave to Remain: Work Route After spending a qualifying period of 5 years in the UK with work visas such as Tier 2 General , Skilled Worker Visa , Sole Representative or Ancestry Visas , you might be eligible to apply for Indefinite Leave to Remain. Commonly referred to as ILR, this visa status removes you from immigration restrictions and represents the final visa required before you can apply for British Citizenship. ILR Eligibility Requirements The basic requirements that you must meet in order to qualify for Indefinite Leave to Remain are that you must: have spent a continuous period of five years in the UK with a qualifying visa status. not have spent more than 180 days outside the UK during any 12-month period during the 5-year qualifying period. have passed the Life in the UK Test. have a sufficient knowledge of English language (unless exempt). In addition to the above, where your visa requires you to work for a specified employer, such as Tier 2 Skilled Worker Visa and Sole Representative visas, then you must provide evidence from your employer that you are still required for that job. Where you are sponsored under the Tier 2 Skilled Worker visa category then you are subject to a minimum income in order to qualify for Indefinite Leave to Remain. The minimum salary requirement for Indefinite Leave to Remain applications can be higher than the minimum salary required for sponsorship and it can also be higher than the minimum salary required for your particular job. ILR for Dependant Family Members Your Dependant family members should qualify for ILR after spending 5 years in the UK as your dependant. If you obtain ILR before they have spent 5 years in the UK then they can continue to extend their Dependant Visas until they reach 5 years. Your dependants should also meet the basic rule regarding absences from the UK and, unless they are under 18 years of age, they will also need to pass the Life in the UK test and satisfy the English language requirement (unless exempt). Indefinite Leave to Remain Conditions There is a particularly important word in this visa status that many people overlook – ILR means Indefinite Leave to Remain in the UK. If you are outside the UK for 2 or more continuous years then you can lose your ILR status. If you have particularly compelling reasons for your absence then you might be able to apply to come back to the UK as a Returning Resident. Once you have Indefinite Leave to Remain you are entitled to public funds as you are considered to be Settled in the UK.

Indefinite Leave to Remain: Family Route

Indefinite Leave to Remain: Family Route There are a number of family visas that lead to Settlement in the UK, including the Spouse Visa , Unmarried Partner Visa and the Adult Dependant Relative Visa, along with Dependants of those who hold qualifying visas. Commonly referred to as ILR, Indefinite Leave to remain removes you from immigration restrictions and represents the final visa required before you can apply for British Citizenship. Indefinite Leave to Remain Requirements The basic requirements that you must meet in order to qualify for Indefinite Leave to Remain are that you must: have spent a continuous period of five years in the UK with a qualifying visa status. not have spent more than 180 days outside the UK during any 12-month period during the 5-year qualifying period. have passed the Life in the UK Test. have a sufficient knowledge of English language (unless exempt). The relationship upon which your family visa was granted should be genuine and subsisting, meaning that you are still living with that person in a genuine relationship. As a general rule, conditions that would exist for an extension of your visa will also exist for your ILR application. As an example, when submitting an Indefinite Leave to Remain application as a Spouse of a British Citizen then the Financial Requirement that applies to an extension will also apply to your ILR application. When using cash savings to meet the Financial Requirement then this will be lower when applying for ILR than it was for your initial or extension Spouse Visa application. ILR for non-UK Children A child will generally qualify for Indefinite Leave to Remain without needing to meet the residence requirement if both parents are Settled in the UK, meaning that they hold ILR or British Citizenship. Children under the age of 18 do not need to meet the English language requirement and they also do not need to pass the Life in the UK Test. Indefinite Leave to Remain Conditions ILR means Indefinite Leave to Remain in the UK and the word ‘remain’ is of particular importance. If you are outside the UK for 2 or more continuous years then you can lose your ILR status. If you have particularly compelling reasons for your absence then you might be able to apply to come back to the UK as a Returning Resident. Once you have Indefinite Leave to Remain you are entitled to public funds as you are considered to be Settled in the UK.

Long Residence ILR

Long Residence ILR If you have lived legally in the UK for 10 years with valid visas then you might qualify for Indefinite Leave to Remain based on Long Residence. Long Residence ILR Eligibility Requirements In order to qualify for Indefinite Leave to Remain based on 10 years’ lawful residence in the UK you must be able to evidence that: you have spent at least 10 continuous years in the UK with valid UK visas; met the terms of those visas; you can satisfy the English language requirement; you have passed the Life in the UK test; you have not spent more than 180 continuous days outside the UK during the 10-year qualifying residency period; you have not spent more than 540 days in total outside the UK during the 10-year qualifying residency period; These applications can be complex to prepare due to the length of time over which you qualify as this can make it difficult to obtain suitable documents to evidence your previous visa status and confirm that you met the terms of those visas. It is often a good idea to obtain the records held by the Home Office by submitting a Subject Access Request. We have extensive experience with Long Residence ILR applications and can help to ensure that your application has the best possible chance of success. Family Members Your family members cannot be included in your Long Residence application. Family members need to meet the eligibility requirements for ILR and submit their own applications when they qualify. Until they qualify for ILR they might have to switch into a different visa category. Once you have Settled Status (ILR) they might, for example, switch to a Spouse Visa or another suitable category. Conditions of Long Residence ILR Once you are granted Indefinite Leave to Remain in the UK you will be free of immigration restrictions. If you are outside the UK for 2 or more continuous years then you can lose your ILR status.

British Citizenship

British Citizenship You can become a British Citizen by birth (‘otherwise than by descent’), ‘by descent’ or by Naturalisation. British Citizenship by Birth Children who are born in the UK where at least one parent held Settled Status (including ILR or Permanent Residence) at the time of their birth will usually be British Citizens and can apply for a passport. Children who are born before a parent held Settled Status can apply for Naturalisation as a British Citizen once at least one parent holds Settled Status. The parents do not need to obtain British Citizenship before a child born in the UK can acquire British Citizenship. British Citizenship by Descent Children born outside the UK to a parent who is British ‘other than by descent’ (this usually means that the parent was born in the UK) will usually be British Citizens and can be registered as British Citizens. British Citizenship by Marriage If you are married to a British Citizen then you can apply for Naturalisation as a British Citizen immediately upon having obtained Settled Status – you do not have to hold ILR status for at least 12 months. Your relationship must be subsisting and you must intend to continue living with your British partner. The Residency Requirement in these cases is: No more than 90 days outside the UK during the 12 months prior to application; No more than 270 days outside the UK in the 3 years prior to application. Physically present in the UK 3 years to the day prior to application. You must meet the English language requirement and you must also have passed the Life in the UK test, unless you are exempt from these requirements (most often on the basis of age). British Citizenship by Naturalisation This generally applies to adults who have obtained Settled Status (Indefinite Leave to Remain or Permanent Residence) after a qualifying period of 5 years working in the UK or 10 years Long Residence. The Residency Requirement for these applications is: Must have held Settled Status for at least 12 months; No more than 90 days outside the UK in the 12 months prior to application; No more than 450 days outside the UK in the 5 years prior to application; Must have been physically present in the UK 5 years to the day prior to application. You must meet the English language requirement and you must also have passed the Life in the UK test, unless you are exempt from these requirements (most often on the basis of age). What if I cannot meet the Residency Requirement for British Citizenship? Unlike the Residency Requirement for Indefinite Leave to Remain, the Home Office can exercise discretion and grant your British Citizenship application if you have exceeded the standard number of days that you can be absent from the UK. There are varying degrees of discretion permitted and some levels of absence will require you to clearly demonstrate strong and compelling reasons why those absences should be disregarded and to furthermore clearly evidence your ties to the UK.

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