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SETTLEMENT VISA

If you have stayed in the UK for a sufficient length of time then you may qualify for settlement or naturalisation within the UK. Our agents at BPA are trained to identify your needs quickly and will be able to advise you on your circumstance to give you the best possible chance of success in your application.

Marriage route 

If you are a husband, wife or civil partner of a British citizen or a person who is present and settled in the UK and your visa or permission to stay is in this category, after you complete a period of 5 years stay in the UK, you may apply settlement in the UK which also known as indefinite leave to remain. In aim to apply settlement under this category, you need to qualify the following criteria:

  • the applicant and their partner must be in the UK;

  • the applicant must have made a valid application for indefinite leave to remain as a partner

  • the applicant must not fall for refusal under any of the grounds in Section S-ILR:

  • the applicant:

 

(i)  must meet all of the requirements of Section E-LTRP: Eligibility for leave to remain as a partner; or

 

(ii) must meet the requirements of paragraphs E-LTRP.1.2.-1.12. and E-LTRP.2.1. and paragraph EX.1. applies; and

  • the applicant must meet all of the requirements of Section E-ILRP: Eligibility for indefinite leave to remain as a partner.

 

*The first application for ILR on the 5-year partner route will not be received until 2017. 

 

​Settlement through work

If you have been working in the UK for a continuous 5 years and your visa are in one of the following immigration categories during the last 5 years, you may apply permanent resident in the UK:

  • Tier 1 or Tier 2 of the points-based system (excluding the Post-study work category of Tier 1)

  • work permit holder

  • businessperson

  • innovator

  • investor

  • representative of an overseas newspaper, news agency or broadcasting organisation

  • private servant in a diplomatic household

  • domestic worker in a private household

  • overseas government employee

  • minister of religion, missionary or member of a religious order

  • airport-based operational staff of an overseas-owned airline

  • self-employed lawyer

  • writer, composer or artist

  • highly skilled migrant under the Highly Skilled Migrant Programme (HSMP) - but if you applied to the HSMP before 3 April 2006 and came to the UK on the basis of that application, you can apply after you have been in the UK for only 4 years.

  • Skilled and Highly skilled migrants must now pass the life in the UK Test if they want to demonstrate that they have met the knowledge of language and life requirement for settlement in the UK.

​Family members route

If you are a family member (except partners) of British citizen or people who are settled in the UK, you may also qualified to apply settlement in the UK. You can apply if you are in one of the following type:

  • A child aged under 18 of a parent or parents who are settled in the UK

  • An adopted child aged 18 of a parent or parents who are settled  in the UK

  • The parent, grandparent or other dependant relative aged 18 or over of a person who is settled in the UK and currently living in the UK

 

​Long residence route (10 or 20 years)

If you have been living in the UK lawfully for a continuous period of 10 years, you can apply settlement in the UK. If you have been living in the UK for a continuous period of 20 years, no matter your stay is lawful or unlawful, you can apply settlement in the UK as well. You must submit relevant supporting documents to show you have been spending these years in the UK. You cannot include your dependants in this type of application for settlement.

​EEA nationals route 

You can apply for a permanent residence card after you’ve lived in the UK for 5 years. 

You’re eligible if both:

  • you’ve lived with your European Economic Area (EEA) family member in the UK for a continuous 5 year period

  • your EEA family member has been a ‘qualified person’ throughout the 5 years or has a permanent right of residence

 

You can also get permanent residence if you’ve lived in the UK for a continuous period of 5 years:

  • as the extended family member of an EEA national and you’ve held a valid EEA family permit or residence card throughout

  • first as the family member of an EEA national and then with a retained right of residence

  • as the family member of the relevant British citizen, if you entered the UK under the ‘Surinder Singh’ route

  • You can get permanent residence before 5 years if either:

  • you were living with your EEA national family member, who was working or self-employed in the UK, immediately before their death

  • your EEA national family member was working or self-employed in the UK but has ‘ceased activity’ (stopped work or self-employment because of retirement or permanent incapacity, or because they’re now working or self-employed in another EEA state but are still resident and return to the UK at least once a week)

UK Ancestry 

If you are a commonwealth citizen and your one of your grandparents or both of them were born in the UK, you may be entitled to apply through this category.

You can apply UK settlement if you:

  • a citizen of commonwealth country

  • are aged 17 or over

  • has a grandparent born in the UK, Channel Islands, or Isle of Man (or Republic of Ireland before 31 March 1922)

  • can accommodate and financially support yourself in the UK

 

if you qualify the above requirements and you have been living in the UK for a continuous 5 years period, you can apply your settlement in the UK.

 

*Note: The Immigration Rules are subject to change. You must meet all the requirements of the Immigration Rules at the time when you make your application.

Beaumont Park Associates is always up to date with any change, please do not hesitate to contact us with any questions regarding to a Settlement Visa.