This route is for spouses and eligible family members of qualified individuals (sponsors) seeking permanent residence in the United Kingdom. Along with British citizens and those who have settled in the United Kingdom, qualified sponsors include those who have completed five years on an eligible settlement route under the Point Based System or under Appendix W of the immigration rules. To qualify for Indefinite Leave to Remain, an applicant must normally demonstrate sufficient English language proficiency or be exempt from doing so, as well as pass the Life in the UK test or be exempt from doing so, as well as meet other specific requirements, which are summarised in the following sections.
INDIVIDUALS WHO ARE THE PARTNER OF A BRITISH CITIZEN OR HAVE ESTABLISHED A RESIDENCE IN THE UNITED KINGDOM
To apply for settlement as a British Citizen’s partner or as someone who has already established themselves in the United Kingdom, the applicant must typically meet the requirements listed below.
- Be the spouse, civil partner, or unmarried partner of a British citizen or a resident of the United Kingdom.
- Be the spouse, civil partner, or unmarried partner of a British citizen or a resident of the United Kingdom.
- You have been living in the United Kingdom with your spouse, civil partner, or unmarried partner since your last grant of leave (or there is a compelling reason). They intend to remain permanently in the United Kingdom.
- Adhere to the stricter English language requirements that apply to submissions of settlement applications.
- Provide for the housing and financial needs of someone earning the bare minimum.
BRITISH CITIZENS’ CHILDREN OR THOSE WHO HAVE ESTABLISHED A PRESENCE IN THE UNITED KINGDOM
To apply for settlement as the child of a British Citizen or as the child of those who have already established themselves in the United Kingdom, the applicant must typically meet the requirements listed below.
- Both of my parents are citizens of the United Kingdom or have a permanent residence in the country.
- One parent has settled or is settling in the United Kingdom while the other parent has died; One parent has settled or is settling in the United Kingdom while the other parent has died; One parent has settled or is settling in the United Kingdom and has sole responsibility for the child; One parent or relative has established or is establishing a residence in the United Kingdom, and there are compelling reasons for the child to remain in the United Kingdom.
Additionally, the child applicant must establish that they are related to the parent or other relative being claimed, that they are under the age of 18 at the time of application, that they are not married or living alone, and that they receive adequate maintenance and housing without relying on public funds.
A MEMBER OF A MIGRANT FAMILY CLASSIFIED AS PBS OR APPENDIX W
To be considered for settlement as the partner of a relevant PBS or Appendix W (Innovator & Global talent) worker, the applicant must typically meet the following requirements.
- Be the spouse, civil partner, or unmarried partner of a person granted indefinite leave as a PBS or Appendix W migrant, or who has previously received indefinite leave.
- Have previously been granted leave as the partner of the same individual
- Living in the UK for at least two years (original leave granted before 09 July 2012) or five years with a PBS or Appendix W migrant in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership (original leave granted before 09 July 2012). (on or after 09 July 2012, levy granted)
- You must be in a genuine and continuing relationship with the PBS or Appendix W migrant at the time of application to be eligible.
- Intend to live in the same household as the PBS or Appendix W migrant indefinitely
- Comply with the requirements for English language proficiency and experience living in the United Kingdom
- It is necessary to demonstrate that you have not spent more than 180 days outside the United Kingdom in any 12-month period during the two or five-year period beginning on or after 11 January 2018.
- It is unacceptable to be refused on broad grounds and to have violated any immigration laws.
- To be eligible for settlement, a child of a relevant PBS or Appendix W (Innovator & Global Talent) worker must typically meet the requirements listed below.
- Be the PBS dependent child of a person or their partner who is being granted indefinite leave as a PBS or Appendix W migrant, or be the child of a PBS migrant or an Innovator who is granted indefinite leave as a PBS or Appendix W migrant, or both.
- Meet the English language and life experience requirements, unless the applicant is under the age of 18 at the time of application.
- You must be able to provide a complete birth certificate if you were born in the United Kingdom.
- Have in place care and housing arrangements that comply with applicable UK legislation and regulations.
- To be considered, applicants must not be married or in a civil partnership, or have formed an independent family unit and lead an independent life.
- It is must not to be denied on broad grounds or for violating any immigration law.
HOW CAN WE ASSIST YOU?
Our immigration lawyers have a wealth of experience in helping clients with immigration matters, particularly those involving partners and family members. We pride ourselves on being approachable, innovative, and always willing to go the extra mile to ensure that each and every one of our clients receives the personalised attention they deserve. With a solid reputation in the industry, our Immigration team provides clients with clear, transparent and reliable advice.
QUESTION AND ANSWER
Q: WHAT IF MY PARTNER RECEIVES SETTLEMENT BEFORE I’VE FINISHED MY FIVE-YEAR TERM WITH HIM OR HER?
A: In order to be eligible for permanent residency in the UK, dependent partners of PBS or Appendix W migrants must complete a five-year probationary period. Before the 5-year probationary period of their partner’s ILR or British citizenship, a PBS or Appendix W migrant can apply for additional leave to remain as a PBS or Appendix W dependent rather than as the partner of a settled person under the Immigration and Asylum Act 1996. Permission to stay for up to three years may be granted if their application meets the criteria.
Q: AFTER OBTAINING SETTLEMENT, WHEN CAN I APPLY FOR BRITISH CITIZENSHIP?
A: Eligible applicants for British Citizenship may apply for naturalisation in the year following their settlement, provided they are married to a British Citizen spouse, in which case they may apply immediately.
Q: THE KNOWLEDGE OF LANGUAGE AND LIFE IN THE UNITED KINGDOM TEST CAN BE EXEMPTED.
A: A large number of states do not require applicants to take the test if they are under the age of 18 or over the age of 65 because of a long-term illness, mental condition, or disability that prevents them from adequately preparing.
Q: AN AVERAGE BREAK IN THE CONTINUOUS RESIDENCE PERIOD IS THREE DAYS.
A: For the most part, applicants can travel outside the UK for up to 180 days per year without losing their right to Settlement if they meet all other criteria.
Q: IS THERE A CHANCE THAT MY SETTLEMENT STATUS WILL BE VOIDED IN THE FUTURE?
A: Your settlement status will be revoked if you are out of the country for more than two years. To be able to return to the UK, applicants must reapply as a returning resident if this occurs.