Settlement Visa UK
If you are looking to settle permanently in the UK, you will generally need to obtain permanent settlement status, known in the UK as ‘indefinite leave to remain’ (ILR).
However, applying for indefinite leave to remain and understanding the requirements can often be complicated. At Total Law, we can help you navigate the entire process and can help ensure that your application runs as smoothly as possible. Contact us today on +44 (0) 333 305 9375 to learn more.
What is Settlement in the UK?
The UK does not offer a specific Settlement visa. Generally, when people refer to this visa type, they are talking about obtaining permanent settlement status, known in the UK as ‘indefinite leave to remain’.
Possessing indefinite leave to remain means that you have the indefinite right to live, work, and study in the UK, without needing to obtain further visas. However, it is not the same thing as British citizenship. It does not grant the right to apply for a British passport or to participate in British elections, for example.
In many cases, you will need to live legally and constantly in the UK, under eligible visas, for at least 5 years before you are eligible to apply for indefinite leave to remain. Once you have had indefinite leave to remain for a year, you will generally be able to apply for British citizenship status.
Page Contents
- What is Settlement in the UK?
- Who is Eligible for Indefinite Leave to Remain?
- Other Ways to Settle in UK
- Applying for UK Settlement
- What Documents Will I Need to Apply for Settlement in UK?
- Apply for British Citizenship by Naturalisation
- Settlement Visa Application Fees in UK
- Settlement Visa Processing Time
- How Can Total Law Help?
- Frequently Asked Questions
Who is Eligible for Indefinite Leave to Remain?
There are a number of routes to indefinite leave to remain in the UK. The main routes are outlined in this section.
Work
If you have been living consistently and legally in the UK on a Work visa for a certain duration of time, you may be eligible for indefinite leave to remain. The exact duration will depend on the type of Work visa in question.
The main eligible visa types are as follows:
- Skilled Worker or Tier 2 (General)
- Scale-Up Worker visa
- Global Talent visa
- Tier 1 Entrepreneur or Investor visa
- Innovator Founder visa
In general, you will need to have a UK Work visa for at least 5 years before being eligible to apply for indefinite leave to remain. However, if you possess a Tier 1 visa, it may be possible to apply after 2 or 3 years. If you possess an Innovator Founder or Global Talent visa, you may be eligible after 3 years.
Family
If you have a partner, parent, or child with UK settled status, you may be able to apply for indefinite leave to remain. The main routes are as follows:
- Applying as a partner, via your Family visa
- Applying as a partner, via your dependant status on your partner’s Work visa
- Applying as a parent, via your Family visa
- Applying as a child, via your Family visa
- Applying as a child, via your dependant status on your parent’s Work visa
- Applying as an adult dependant relative, via your Family visa
- Applying as a dependant via your parent or partner’s Innovator Founder visa
The amount of time before you are eligible for ILR will depend on your particular route.
10 Year Residence Route
If you have lived in the UK for at least 10 years, you may be eligible to apply for ILR via the 10-year route. This is known as ‘long residence’ in the UK.
You will need to have lived in the UK for at least 10 years without substantial gaps. However, limited periods of absence each year are still authorised under this route.
Commonwealth Citizenship
Some Commonwealth citizens have the right of abode in the UK. This means that they will be able to apply for permanent settlement.
If one of your parents was born in the UK and was a citizen of the United Kingdom and colonies at the point of your birth, you were a Commonwealth citizen on 31 December 1982, and you have been one ever since, you will likely have the right of abode in the UK.
If you have been a Commonwealth citizen since 31 December 1982 and were married to someone with right of abode before 1 January 1983, you will generally also have the right of abode in the UK.
Refugee Status or Humanitarian Protection
You may also be eligible for UK ILR if you have either refugee status or humanitarian protection.
In order to be eligible, you will generally need to have lived in the UK as either a refugee or with humanitarian protection for at least 5 years.
Note that, if you have Discretionary Leave to remain in the UK, this also provides a route to ILR. If the leave was granted on or before 8 July 2012, you can apply for ILR after 6 years. If your leave was granted after this, you can apply after 10 years.
Other Ways to Settle in UK
While indefinite leave to remain is the main route to permanent settlement in the UK, there are also alternative routes which may be better suited to your circumstances.
EU Settlement Scheme
If you are a citizen of the EU, Switzerland, Iceland, Norway, or Liechtenstein and already have pre-settled status in the UK, you can still apply for UK settled status. You can do so after living in the UK for 5 years.
This route provides permanent residence and allows the holder to permanently live and work in the UK.
If you do not already have pre-settled status in the UK, it is unlikely that you can still apply for UK settled status. This is because the deadline for applying for the EU Settlement Scheme was 30 June 2021.
Stateless Person
If you are a stateless individual, you may also be able to apply for permanent settlement in the UK.
In order to be eligible, you will need to both be without citizenship of any other country and unable to live permanently in another country. You will also need to be in the UK at the time of application.
You will generally be granted leave to remain in the UK for 5 years, after which point you can apply for permanent settlement.
Applying for UK Settlement
The exact steps of applying for UK permanent settlement will depend on your exact route. In general, however, the steps are as follows.
You can submit your application online, using the UK government website. You will need to provide the necessary documentation as part of your application.
You will also need to prove your identity as part of your application. This can either be done using the UK Immigration: ID Check app or in person at a UK Visa and Citizenship Application Services (UKVCAS) service point. If you do attend an appointment at a UKVCAS service point, you will be asked to provide your biometric information (your photograph and fingerprints).
Once you have completed the necessary steps, your application will be processed. If you are successful, you will be granted indefinite leave in the UK.
What Documents Will I Need to Apply for Settlement in UK?
There are a number of documents you will need when applying for permanent settlement in the UK. These will vary depending on your exact route, but will generally include the following:
- Valid passport
- Your visa or biometric residence permit (BRP)
- All previous passports from your time living in the UK
- Proof that you have successfully taken the Life in the UK test
- Proof that you speak English to a sufficient extent
Note that all documents should be provided in either English or Welsh. You should make sure that any translations are completed by a certified translation service.
Apply for British Citizenship by Naturalisation
Once you have held UK ILR for at least a year, you can generally apply for British citizenship. You can also apply after having EU settled status for at least a year. If you are married to a British citizen, however, this 1-year requirement is waived.
There are a number of eligibility criteria associated with applying for British citizenship through naturalisation, including:
- Being at least 18 years old
- Proving you have resided in the UK for a sufficient period of time
- Proving that you speak English, Welsh, or Scottish Gaelic to a sufficient level
- Proving that you have passed the Life in the UK test
Once you have obtained British citizenship, you will gain a number of advantages, including the right to vote in British elections and the ability to apply for a British passport. Possessing a British passport grants a number of global travel opportunities. As the UK allows dual citizenship, you may also be able to retain your initial citizenship, depending on your home country’s dual citizenship rules.
Settlement Visa Application Fees in UK
The cost of applying for indefinite leave to remain in the UK is uk-indefinite_leave_remain_fee.
There may also be other costs associated with your application. Many applicants will need to pay to translate their documents into either English or Welsh, using a certified translation service. Others choose to pay for legal assistance with their application.
Settlement Visa Processing Time
The exact processing time for ILR applications varies depending on the particular route which you are using. Generally, though, it can take a number of months for your application to be processed.
In order to minimise delays, make sure to submit all required documentation at the time of application and to promptly provide any additional information which is provided.
How Can Total Law Help?
There are numerous routes to permanent settlement in the UK (indefinite leave to remain). Which route is best for you will depend on your particular circumstances. However, the UK has numerous complicated immigration rules and working out which route is best for you can often be complicated.
At Total Law, our immigration experts are adept at providing bespoke legal advice based on your exact circumstances. We can provide assistance with the entire process and offer a range of services to ensure that you get the representation you need. To learn more about our range of services and to ensure that your application runs as smoothly as possible, contact us today on +44 (0) 333 305 9375.
Advice Package
Comprehensive immigration advice tailored to your circumstances and goals.
Application Package
Designed to make your visa application as smooth and stress-free as possible.
Fast Track Package
Premium application service that ensures your visa application is submitted to meet your deadline.
Appeal Package
Ensure you have the greatest chance of a successful appeal. We will represent you in any case.
The Advice Package
During this untimed Advice Session with our professional immigration lawyers in London, you will receive our comprehensive advice, completely tailored to your needs and your situation.
The Application Package
With our Application Package, your dedicated immigration lawyer will advise you on your application process and eligibility. Your caseworker will then complete and submit your forms to the Home Office on your behalf.
The Fast Track Package
Our Fast-Track Application Package is a premium service for those who need to submit their application in time with their deadlines. Your case will become a top priority for our lawyers and you will benefit from our highest-quality services.
The Appeal Package
By choosing our Appeal Package, you can rely on our lawyers’ legal knowledge and experience to ensure you have the highest chance of a successful appeal. We will also fully represent you in any hearings/tribunals.
Related pages for your continued reading.
Frequently Asked Questions
UK settlement status is valid indefinitely. This means that, once you are granted ILR, you can settle in the UK permanently.
After 1 year of holding UK ILR, you can generally apply for British citizenship.
As there is no fixed UK Settlement visa, you will not need to extend a Settlement visa upon receiving UK permanent settlement. Indefinite leave to remain grants permanent settlement status within the UK and does not need to be extended.
UK permanent settlement grants a number of benefits. It provides more security as you will no longer need to worry about maintaining your legal immigration status within the UK. You will also be able to live and work in the UK without restrictions.
Additionally, after a year of living in the UK with permanent settlement, you can apply for British citizenship.
Yes, you will generally need to pass an English language test in order to settle permanently in the UK. You will need to demonstrate that you speak English to a sufficient extent.
You will also generally need to pass the Life in the UK test, showing that you have sufficient knowledge of UK culture.
Legal Disclaimer
The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Total Law before making any decisions based on the content provided.