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Personal Immigration

Settlement for Partners & Family

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Settlement for Partners & Family

This route is for the partners and eligible family members of qualified persons (sponsors) to apply for settlement in the UK. The qualified sponsors include British Citizens, those settled in the UK and those who have completed 5 years on an eligible settlement route either under Point Based System or under Appendix W of the immigration rules. In order to qualify for Indefinite Leave to Remain, the applicant would normally need to satisfy sufficient knowledge of the English language or be exempted and pass the Life in the UK test or be exempted as well as other specific requirements as summarised below.

Partner of a British Citizen or those settled in the UK

In order to apply for settlement as the partner of a British Citizen or those settled in the UK, the applicant must normally satisfy the below conditions.

  • Be a spouse, civil partner or unmarried partner of a British citizen or a person settled in the UK.
  • Be a spouse, civil partner or unmarried partner of a British citizen or a person settled in the UK.
  • Lived together with the spouse, civil partner or unmarried partner in the UK since last grant of leave (or there is good reason)
  • Intend to continue living together permanently in the UK
  • Meet the higher English Language requirement that applies to settlement applications
  • Meet the accommodation and financial requirements of minimum income
Child of a British Citizen or those settled in the UK

In order to apply for settlement as the child of a British Citizen or those settled in the UK, the applicant must normally satisfy the below conditions.

  • Both parents are British citizens or settled in the UK
  • One parents is settled or settling in the UK and the other parent is dead;
  • One parent is settled or settling in the UK and has sole responsibility for looking after the child;
  • One parent or relative is settled or settling in the UK and there are compelling reasons why the child should be allowed to stay.

In addition to this, the child applicant would also need to prove that they are related to the parent or other relative as claimed, under the age of 18 years old at the date of application, not married or living an independent life and adequate maintenance and accommodation without recourse to public funds.

Family member of PBS & Appendix W migrants

In order to apply for settlement as the partner of a relevant PBS or Appendix W (Innovator & Global talent) worker, the applicant must normally satisfy the below conditions.

  • Be a spouse, civil partner or unmarried partner of a person who is being, or has been, granted indefinite leave as a PBS or Appendix W migrant
  • Have last been granted leave as the partner of the same person
  • Have been living with the PBS or Appendix W migrant in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership for at least 2 years (original leave granted before 09 July 2012) or 5 years (leva granted on or after 09 July 2012)
  • Be in a genuine and subsisting relationship with the PBS or Appendix W migrant at the time of application
  • Intend to live together permanently with the PBS or Appendix W migrant
  • Meet Knowledge of Language and Life in the UK requirements
  • Not been absent from the UK for more than 180 days in any 12 month period during the 2 or 5 year period where that leave was granted on or after 11 January 2018
  • Must not fall for refusal on general grounds and should not have breached any immigration laws.

In order to apply for settlement as the child of a relevant PBS or Appendix W (Innovator & Global tTalent) worker, the applicant must normally satisfy the below conditions.

  • Be the PBS dependant child of a person or their partner who is being, or has been, granted indefinite leave as a PBS or Appendix W migrant or have been born to a PBS migrant or an Innovator who is being granted indefinite leave
  • Meet the knowledge of language and life in the UK requirements, unless the applicant is aged under the age of 18 on the date of application
  • Be able to provide full birth certificate if born in the UK
  • Have arrangements in place for care and accommodation which complies with relevant UK legislation and regulation
  • Must not be married or in a civil partnership or have formed an independent family unit and leading an independent life
  • Must not fall for refusal on general grounds and in breach of any immigration laws
How can we assist?

Our Immigration lawyers at City Legal have immense experience in assisting clients on Settlement under the partner and family category. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.

Frequently Asked Questions

What can I do if my partner attains settlement first before I complete 5 years?

Dependant partners of PBS or Appendix W migrants must complete a 5-year probationary period before they qualify for ILR. If the PBS or Appendix W migrant obtains ILR or British citizenship before their partner has completed their 5 year probationary period, the partner can still apply for further leave to remain as a PBS or Appendix W dependant rather than as the partner of a settled person. If their application meets the requirements, leave to remain can be granted for up to 3 years.

When can I apply for British Citizenship after obtaining Settlement?

Applicants will normally be able to apply for naturalisation as a British Citizen 12 months after obtaining the settlement, unless they are married to a British Citizen spouse, in that case they can apply immediately.

Is it possible to get an exemption for Knowledge of Language & Life in the UK?

Applicants under the age of 18 or over 65, those suffering from long term illness, mental condition or disability that restricts them from preparing for the test are normally exempted.

How many days of absence normally break the continuous residence?

Applicants are normally permitted to spend up to 180 days outside of the UK each year and may still qualify for Settlement if they meet all other eligibility conditions.

Will my settlement status ever lapse?

Settlement status will lapse if absent from the UK for more than 2 years. If that happens, applicants must apply as a returning resident in order to return to the UK.
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