In this article, we provide an overview of the routes to indefinite leave to remain (ILR) or settlement not covered in the first of our two articles: Quickest Ways to Get ILR in the UK and 5 Year Work and Business Routes to Settlement in the UK.
This article will consider the 5 year routes to settlement which are based on family relationships, other routes and the 10 year long residence route to settlement in the UK. Read more about the 20 year long residence route.
1. ILR in the UK as the Partner, Spouse or Civil Partner of a British Citizen or Settled Person
These routes allow for settlement (where the indefinite leave to remain ("ILR") requirements are met) in the UK for unmarried partners, civil partners or spouses of:
- a British or Irish citizen in the UK; or
- a settled individual, an individual with indefinite leave to remain (ILR) or permanent residence in the UK; or
- an individual with pre-settled status as a result of Appendix EU; or
- an individual on the Turkish Businessperson or Worker routes as a result of Appendix ECAA; or
- an individual with refugee status or humanitarian protection in the UK.
Settlement in the UK is possible after spending 60 months (5 years) on the relevant route. Other ILR requirements will include demonstrating the continued existence of a genuine and subsisting relationship with the relevant partner (sponsor) in the UK, that the financial requirements, which can be quite complex to meet, are met, that the partners have lived together in the UK since their application, and that suitable accommodation continues to be available for the couple.
2. Settled Status Under the EU Settlement Scheme (EUSS)
Settled status is the terminology used for ILR for those in the UK as a result of the EU Settlement Scheme. The EU Settlement Scheme ("EUSS") is for EU, EEA and Swiss citizens and their family members who began living in the UK by 31 December 2020 and who sought to remain in the UK after 30 June 2021. Most individuals on this route will have Pre-Settled Status, which is the status given to individuals where they have not been in the UK for a continuous qualifying period of at least 5 years. Although the deadline to apply to be on the EU Settlement Scheme was 30 June 2021, many people found themselves unable to meet this and there may be options available to allow one to apply for status now, where reasonable grounds exist for the late application.
The requirements for Settled Status include demonstrating that you are a relevant EEA citizen, a family member of a relevant EEA citizen, a family member with a retained right of residence due to a relationship with a relevant EEA citizen, an individual with a derivative right to reside or a Zambrano right to reside. As an EEA citizen you would also need to demonstrate residency in the UK prior to 31 December 2020 and that you have completed at least a 5 year continuous qualifying period of residence in the UK. Family members and joining family members will have slightly different requirements to meet and a qualifying period requirement, how the requirements are met can be very fact specific so applicants should seek expert immigration advice.
3. Automatic Conversion of Pre-Settled Status to Settled Status
The Home Office recently introduced a process enabling for the automatic conversion of pre-settled status to settled status for eligible holders, without the need for individuals to make a further EUSS application where possible. From 16 July 2025, there will be a change to how continuous qualifying period is considered. Currently individuals need to show that they have not been absent from the UK for more than six months in total in any 12 month-period. The changes are intended to simplify the process and pre-settled status holders will need to show that they do not have periods of absences exceeding a total of 30 months in the most recent 60 month period. This should hopefully ensure that individuals do not inadvertently break their continuous qualifying period.
4. Family Members of EEA Citizens and the EUSS Family Permit
Non-EEA citizens who are family members of relevant EEA citizens may be able to apply for an EUSS Family Permit from outside the UK. An EUSS Family Permit will enable them to enter the UK and is usually granted for a period of six months. Once in the UK, the individual would be able to apply for limited leave to remain (Pre-Settled status) on the EU Settlement Scheme under Appendix EU, provided relevant requirements are met, including that the family member being relied upon started living in the UK before 31 December 2020. Once with Pre-Settled Status, one can then apply for Settled Status, after a period of 5 years' continuous residence in the UK, provided all necessary requirements are met. This is a complex area of law and you should seek expert immigration advice in relation to any such applications.
5. Eligibility and Requirements for a Parent of a Child Visa
The Parent of a Child Visa enables parents of children who are living in the UK already and are either British, Irish or have Settled or Pre-Settled status in the UK, to join their children in the UK in order to care for them. Applicants will need to demonstrate their child's nationality or immigration status in the UK. Applicants for entry clearance need to also demonstrate that they are 18 years or above, their child is under the age of 18 and living in the UK and that they either:
- possess sole responsibility for the child; or
- that the parent or carer with whom the child normally lives is:
- a British or Irish Citizen in the UK, settled in the UK, or in the UK with pre-settled status;
- they are not the partner of the Applicant;
- the Applicant is not eligible to apply for entry clearance as a partner under Appendix FM of the Immigration Rules.
Evidence of their sole responsibility of the child or that they have direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK, must be provided.
Applicants will also need to demonstrate how they are taking an active role in the child's upbringing and how they intend to continue doing so. Maintenance, accommodation and English language requirements will also need to be met.
Successful applicants will be issued an initial visa for 33 months and will then be required to apply for leave to remain if they wish to remain in the UK. If successful, a visa will be granted for a period of 30 months. Eligibility for indefinite leave to remain (ILR) will then arise after a continuous period of 5 years in the UK on this visa. It is important to note that one cannot combine time spent in the UK on another immigration route to allow for this five year period to be met.
Applicants for settlement will need to meet a more stringent English language requirement (Common European Framework of Reference for Languages ((CEFR)) at level B1 at the time of writing) additionally to the other requirements which they would have needed to meet at the leave to remain stages. They will also need to pass the Life in the UK test, unless exempt.
6. Requirements and Eligibility for an Adult Dependent Relative Visa
This immigration category is for Adult Dependent Relatives of:
- British citizens living in the UK;
- Individuals with Settled or Pre-Settled status under Appendix EU who live in the UK; and
- Individuals with refugee leave or humanitarian protection status.
Adult Dependent Relatives can include parents, grandparents, brothers or sisters, sons or daughters all aged 18 years or over of a person who is in the UK as above and who is also aged 18 years or older. Where an individual is applying on the basis of a sponsor who is a British citizen or settled in the UK, they will be granted ILR status. In other circumstances, where individuals' sponsors hold temporary status in the UK, applicants will be granted temporary status ending on the same date as their sponsor's status. Once applicants with temporary status are in the UK, they can apply to extend their leave or for settlement in line with their sponsor.
In order to enter the Adult Dependent Relative route, one must apply from outside of the UK, although there are very limited circumstances in which one can apply for leave to remain, on the basis of human rights grounds, from within the UK. Key requirements that Applicants will need to show they meet are that they require long-term personal care (help with performing everyday tasks e.g., dressing, washing and cooking) due to age, illness or disability and that they are unable to obtain the required level of care in their country of residence even with the financial support of their sponsor who is based in the UK. They will further need to demonstrate that there is no one (a close relative, home-help, housekeeper, care or nursing home, nurse or carer) in their country of residence who is able to provide the required support or the care is not affordable. Such requirements can be very difficult to evidence and the evidence used will vary depending on Applicants' circumstances, as a result it can be very useful to seek immigration support from expert immigration lawyers.
7. ILR for Hong Kong BN(O) Status Holders and Family Members
The Hong Kong British National (Overseas) (Hong Kong BN(O)) Status Holder Visa is for individuals who ordinarily live in Hong Kong or the UK and who are classed as a British National (Overseas) under the Hong Kong (British Nationality) Ordinance Order 1986. No one born after 30 June 1997 is able to come within this classification. British Dependent Territories citizens with a connection to Hong Kong were able to register as British National (Overseas) due to their relationship to Hong Kong and the strict cut off date for registering as a British National (Overseas) was 01 July 1997.
8. Eligibility Requirements for BN(O) Status Holders
Individuals can apply for a status holder visa using either a valid or expired BN(O) passport as evidence of their status. Other eligibility checks can also be made where one has lost their passport. Another requirement includes demonstrating that, if applying from outside the UK, one ordinarily lives in Hong Kong or if applying from inside the UK, that one ordinarily lives in the UK, Jersey, Guernsey, the Isle of Man or Hong Kong on the date of application. This visa allows individuals to live, work and study in the UK for a period of 30 months or 5 years, depending on the period of leave applied for.
One can apply for settlement after five years' continuous residence in the UK. If time has been spent on a different route that leads to indefinite leave to remain (ILR) status in the UK, there is a potential to combine this with time spent on the Hong Kong BN(O) route, as long as the last period being relied on to meet the settlement period was spent in the BN(O) route. The absence threshold will further need to be met, meaning that one cannot be outside the UK for a period of more than 180 days in any 12 month period. English language and Life in the UK tests will also need to be taken by those aged 18 or over, and under 65.
9. Dependent Family Members of BN(O) Status Holders
Dependent children and grandchildren (under 18) of BN(O) Status Holders are able to apply with or to join a BN(O) Status Holder in the UK. This route also allows dependent partners or spouses of BN(O) Status Holders to do the same. If the partner or spouse is a BN(O) Status Holder in their own right, it is not necessary for them to apply as a dependent partner or spouse and they can instead apply as a BN(O) Status Holder in their own right. There is further a potential for adult dependent relatives, with a high degree of dependency on the BN(O) Status Holder or the BN(O) Status Holder's partner or spouse to apply to join the family in the UK using this route.
10. Hong Kong BN(O) Household Member Visa
The Hong Kong BN(O) Household Member Visa is for adult children (those aged 18 or over) of BN(O) Status Holders or a BN(O) Status Holder's partner, born on or after 01 July 1997. This route, as with the Status Holder route, allows individuals to live, work and study in the UK. Adult children of a BN(O) Status Holder are able to apply for this route regardless of whether the parent who holds BN(O) status has applied or been granted permission as a Status Holder. Dependent partners, children aged under 18 and adult dependent relatives of Hong Kong BN(O) Household Members or their partner may be able to also join the Household Member, where the specified requirements are met.
11. Settlement for BN(O) Family Members
Family members will be able to apply for settlement in a similar way as identified for BN(O) Status Holders. It is important to note that the requirements to meet for applicants on the various BN(O) routes can be quite complex, therefore it is always best to seek advice from expert immigration lawyers.
12. Eligibility for a UK Ancestry Visa
The UK Ancestry Visa is open to:
- Commonwealth citizens;
- British Overseas citizens;
- British Overseas territories citizens;
- British National (Overseas); and
- Citizens of a country listed in Schedule 3 of the British Nationality Act 1981
who can prove that one of their grandparents was born in the UK, Channel Islands or the Isle of Man. One's grandparent can also have been born in what is now the Republic of Ireland as long as they were born there before 31 March 1922 or if a grandparent was born on a British registered ship or aircraft. Ancestry can still be claimed if one was adopted or their parents were adopted or if one's parents or grandparents were not married, but cannot be claimed where one is relying on a step-parent and no legal adoption has taken place.
Other requirements to meet include, demonstrating that one is 17 years of age or above, has enough money to support themselves and any dependents without needing to rely on public funds and also that they are able to work and are intending to seek employment in the UK. Partners and children of those on this route are able to join main applicants in the UK, where they meet the requirements. For example, with a partner, one would need to demonstrate that they are either in a civil partnership or marriage that is recognised in the UK, or that they have been in a relationship similar to marriage or civil partnership for at least 2 years before the date of application. In terms of a child, one would need to show that their child is not leading an independent life.
13. UK Ancestry Visa Duration and Settlement
A UK Ancestry Visa is valid for a period of five years and after completion of five continuous years in the UK on this route, one may be able to apply for ILR in the UK. An applicant would, as on other routes, need to meet the suitability requirements, ensure that they meet the English language requirement (CEFR Level B1 in speaking and listening) and that they have taken and passed a Life in the UK test, where exemptions do not apply. It is important to note that those applying for settlement in the UK will need to also provide evidence to show that they have been working or genuinely seeking employment during the five years that they have been in the UK on this visa. Where one is unable to meet the requirements for settlement, it is open to one to extend their visa in the UK on this route until they are able to meet such requirements.
14. The 10 Year Route to Settlement
This route, also called Long Residence ILR, allows for the combination of different categories of leave in order for an applicant to obtain indefinite leave to remain in the UK after a period of 10 years. This is a useful category as it can allow for the combination of time spent in categories which would otherwise not lead to settlement, for example, time spent in the UK as a Student, other than on a short-term study visa.
15. Continuous and Lawful Residence Requirements
One will need to have lived in the UK continuously and lawfully for a period of 10 years. Applicants will need to show that their 10 years in the UK is unbroken. The requirements vary depending on when the absences started. For absences after 11 April 2024, applicants need to show that they have not been absent from the UK for a period of more than 180 days in any 12-month period. For absences before 11 April 2024, that they have not spent a total of more than 548 days outside the UK during the 10 year period, and have not been outside the UK for more than 184 days at any one time. They will need to further demonstrate that they do not fall within the general grounds for refusal, such as, by having a relevant criminal conviction.
This article has provided a brief overview of the 5-year family and relationship based routes to settlement in the UK, including the 10 year route to obtaining indefinite leave to remain.
16. Contact Our Immigration Barristers
For expert advice and assistance in relation to ILR requirements and applications and/or to discuss your options please contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.
17. Frequently Asked Questions
What is the eligibility criteria for ILR in the UK as the Partner, Spouse or Civil Partner of a British Citizen or Settled Person?
Applicants must be in a genuine and subsisting relationship with a British citizen or person settled in the UK, meet the continuous residence requirements, and satisfy suitability and English language criteria.
What is Settled Status under the EU Settlement Scheme (EUSS)?
How does the automatic conversion of Pre-Settled Status to Settled Status work?
After completing five years of continuous residence in the UK with Pre-Settled Status/relevant status, applicants can apply for Settled Status provided they meet absence limits and other requirements.
Who qualifies as a Family Member of EEA Citizens under the EUSS Family Permit?
Close family members, such as spouses, civil partners, dependent children, and dependent adult relatives, may qualify to join or remain with an EEA citizen in the UK.
What are the eligibility requirements for a Parent of a Child visa?
Applicants must show that their child is living in the UK, under 18 and is a British or Irish citizen, settled in the UK or in the UK with pre-settled status. They must also show that they have sole responsibility or that the parent or carer the child normally lives with is British or Irish in the UK or is in the UK with settled or pre-settled status; they are not the partner of the Applicant; and the Applicant is not eligible to apply for entry clearance as a partner under Appendix FM. They must provide evidence of their sole responsibility of the child or that they have direct access to the child as agreed with the parent or carer with whom the child normally lives or by a court in the UK.
What are the requirements for an Adult Dependent Relative visa?
The applicant must be an adult dependent relative of a British citizen, settled person, or someone with refugee or humanitarian protection status, requiring long-term personal care not available in their home country.
Who can apply for ILR as a Hong Kong BN(O) Status Holder or their family members?
BN(O) Status Holders, dependent partners, children under 18, adult dependent relatives, and adult children born on or after 1 July 1997 under the Household Member visa route.
Can partners or spouses who are BN(O) Status Holders apply as dependents?
No. If a partner or spouse is a BN(O) Status Holder in their own right, they must apply independently under the BN(O) route, not as dependents.
What is the difference between the BN(O) Status Holder visa and the BN(O) Household Member visa?
The Status Holder visa is for those holding BN(O) status. The Household Member visa is for adult children (18 or over) of BN(O) Status Holders or their partners, born on or after 1 July 1997.
Can family members of BN(O) Status Holders apply for settlement?
Yes, family members including dependent children, spouses, and adult dependents may apply for settlement similarly to BN(O) Status Holders.
What are the eligibility requirements for a UK Ancestry visa?
Applicants must be Commonwealth citizens or certain British nationals with a grandparent born in the UK (or Channel Islands, Isle of Man, or certain parts of Ireland before 31 March 1922) and meet requirements on age, maintenance, and intention to work.
Is legal adoption relevant to UK Ancestry visa eligibility?
Yes. Ancestry can be claimed if the applicant or their parents were adopted, but not based solely on step-parents without legal adoption.
How long is the UK Ancestry visa valid and what are the settlement requirements?
The visa is valid for five years. After the required continuous residence period and meeting English language and Life in the UK test requirements, applicants can apply for ILR.
What is the 10 Year Route to Settlement (Long Residence ILR)?
This route allows applicants to combine different types of lawful residence over ten years to qualify for indefinite leave to remain in the UK.
What are the continuous and lawful residence requirements for the 10 Year Long Residence ILR?
Applicants must show 10 years of continuous lawful residence, with absences not exceeding 180 days in any 12-month period after 11 April 2024, or meeting previous absence limits for earlier periods.
Can time spent in non-settlement routes like Student visas count towards settlement under Long Residence?
Yes, time on certain visas such as Student (excluding short-term study visas) can be combined in this route to reach 10 years for ILR eligibility.
What are the general grounds for refusal that could affect settlement applications?
Relevant criminal convictions or failure to meet suitability criteria may result in refusal.
What is some of the evidence that is required to show a genuine relationship for dependents applying with UK Ancestry visa holders?
For partners, evidence of marriage, civil partnership, or a durable relationship of at least two years is needed. For children, proof that they are not leading an independent life is required.
What are the English language requirements for settlement?
Generally, applicants aged 18 to 65 must meet CEFR Level B1 speaking and listening standards, except where exemptions apply.
What is the Life in the UK test?
A mandatory test for most settlement applicants to prove knowledge of British life, culture, and laws, unless exempted.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
