Indefinite Leave as a Family Member of a Settled Person

Indefinite Leave to Remain for Family Visas (known as SET(M))

If you are the family member of a person who is settled in the UK (i.e., someone with Indefinite Leave to Remain or British citizenship), you may be eligible to apply for Indefinite Leave to Remain (ILR). This route is designed for spouses, civil partners, unmarried partners, children, and other eligible family members who wish to stay in the UK on a permanent basis.

Who Can Apply for ILR as a Family Member of a Settled Person?

You may be eligible to apply for ILR if you are:

• A spouse or civil partner of a settled person or British citizen.
• An unmarried partner who has been living with a settled person in a relationship akin to marriage for at least 2 years.
• A child of a settled person or someone who holds ILR, including adopted children and stepchildren.
• A parent of a child living in the UK who is settled or applying for ILR at the same time as you.
• An eligible adult dependant relative over the age of 18.

You must have already been living in the UK on a Family Visa, typically under the 5-year route or, in some exceptional cases, the 10-year route.

ILR Requirements for Family Members of Settled Persons: 

To qualify for ILR as a family member of a settled person, you must meet the following criteria:

1. Continuous Residence:

• 5-Year Route: You must have lived in the UK for 5 years as the family member of a settled person. There is no clear limit on the number of days you can be absent from the country. However, we recommend that applicants have not been absent from the UK for more than 180 days in any 12-month period.
• ž10-Year Route: In some cases, such as if you are applying based on exceptional circumstances, you may qualify for ILR after 10 years of lawful residence. Absence limits still apply.

2. Relationship Requirement

You must demonstrate that your relationship with the settled person is genuine and subsisting. This can include:

• Providing evidence of living together, such as shared bills, tenancy agreements, or mortgage statements.
• For spouses or partners, showing that your marriage or partnership is valid and recognised in the UK.
• For children, proving that you live with the settled person or have access rights if you do not live together.
• For parents, you must prove the relevant child is aged under 18 years by submitting the child’s birth certificate. If the child has turned 18 since the applicant was first granted entry clearance or leave to remain, the child must not be living independently from the parent.

3. Financial Requirement

In most cases, you and your settled family member must meet a financial requirement. If you first applied for your family visa before 11 April 2024, this typically means showing that your household income is at least:

• £18,600 per year for a couple (main applicant and settled partner).
• Additional income of £3,800 for the first child and £2,400 for each subsequent child.

If you first applied for your family visa on or after 11 April 2024, you and your partner will need to prove you have a combined income of at least £29,000 a year.

If you cannot meet this income threshold through salaried work, you may include income from self-employment, savings, or non-salaried employment. However, exceptions may be made for those on the 10-year route or if exceptional circumstances apply.

4. English Language Requirement

You must meet the English language requirement, typically by:

• Passing an approved English language test at level B1 or higher, or
• žHolding a degree taught in English, or
• žBeing a national of an English-speaking country in the Home Office list.

If you are over 65 or have a long-term physical or mental condition, you may be exempt from this requirement.

5. Life in the UK Test

You must pass the Life in the UK Test, which assesses your knowledge of UK history, culture, and values. Like the English language requirement, exemptions may apply for applicants over 65 or those with a medical condition that prevents them from taking the test.

ILR Requirements for Child Dependants:

• You must be under 18 years of age at the time of the application, or if over 18, must have previously held leave to remain as a dependant.
• You must not be married, in a civil partnership, or living an independent life.
• You must continue to live with your settled parent, or the parent must have access rights if you live separately.

Passportia will:

Applying for Indefinite Leave to Remain (ILR) as a worker or a dependant can be complex, particularly when it comes to meeting the residence and business activity requirements. Passportia offers tailored immigration services to support you throughout the process.

Our services include:

• Eligibility assessment: We will carefully review your immigration history and assess whether you meet the requirements for ILR.
• Document preparation: We will help you gather and organise the necessary documents, including evidence for any absences.
• Application submission: We will ensure your ILR application is completed accurately and submitted to the Home Office on time.
• Ongoing support: Our experienced team will guide you through the entire process, answering any questions and addressing concerns along the way.

To enquire about a quotation - please fill in the form below or call a number on the right. No-win no fee arrangements may be available in certain circumstances. We look forward to hearing from you.

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