Settlement - Partners & Family

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Overview Of Settlement As A Partner

An individual living in the UK as the spouse, civil partner or unmarried partner of a British citizen or a settled person may be eligible to apply for Indefinite Leave to Remain (ILR), often referred to as Settlement.

Settlement enables individuals to live in the UK permanently without immigration restrictions and is often the final step before applying for British citizenship.

Settlement, also known as Indefinite Leave to Remain (ILR), allows an individual to remain in the UK without any time restrictions on their immigration status. Settlement does not have to be renewed and does not expire.

Once granted Settlement, individuals can:

Live permanently in the UK.
Work without restriction.
Study in the UK.
Access public services where eligible.
Travel in and out of the UK.
In many cases, become eligible to apply for British citizenship.

Who Can Apply For Settlement As A Partner?

Applicants may be eligible for Settlement if they currently hold permission as a:

Spouse of a British citizen or settled person.
Civil partner of a British citizen or settled person.
Unmarried Partner of a British citizen or settled person.

Applicants will generally need to have completed the required qualifying period under the Partner Visa route and continue to satisfy the Immigration Rules at the date of application.

Requirements For Settlement

To qualify for Settlement as a partner, applicants will normally need to demonstrate that:

They have completed the relevant qualifying period in the UK. This is typically five years.
They remain in a genuine and subsisting relationship with their sponsoring partner.
They continue to live together permanently in the UK.
They meet the financial requirement.
They satisfy the English language requirement.
They have passed the Life in the UK Test.
They have complied with UK immigration laws throughout their stay.

Each application is assessed individually, and careful preparation of supporting evidence is essential.

Relationship Requirement

Applicants can apply for Settlement under the Unmarried Partner Visa. There is no formal requirement to marry or enter into a civil partnership in order to apply for Settlement.

A key requirement of any Settlement application from either an Unmarried or Married/Civil Partner applicant is demonstrating that the relationship remains genuine and ongoing.

The Home Office may consider evidence such as:

Marriage or civil partnership certificates and any documentation regarding children.
Evidence of living together including utility bills and rental agreements.
Joint financial commitments, including bank statements, property and expenses for any children.
Travel records demonstrating frequent visits to each other, if required.
Photographs and communication records.
Evidence of future plans together.

Often, applicants only need to demonstrate their relationship for the period since their last grant of permission. Applications should be prepared with care, and there should be particular attention if there have been significant absences by either the applicant or their partner at this stage.

Financial Requirement

Applicants must continue to satisfy the financial requirements applicable to the partner route, and this has gone through a period of transition in recent years.

Generally, those who were first granted permission before April 2024 will need to demonstrate earnings of at least £18,600 or that, between themselves and their partner, they have cash savings of £34,600 (which is a reduced amount compared to the initial and extension applications).

Those who were granted permission after April 2024 will generally have to demonstrate earnings of at least £29,000 or that, between themselves and their partner, they have cash savings of at least £45,000 (which is a reduced amount compared to the initial and extension applications).

The applicant’s own income can only be taken into account if the applicant is living and working in the UK lawfully.

Depending on the circumstances, this may involve evidence of:

Employment income.
Self-employment income.
Pension income.
Rental income.
Savings.
A combination of permitted income sources.

The Home Office applies detailed evidential requirements, and it is important that all supporting documentation is prepared correctly.

English Language And Life In The UK Test Requirements

Most applicants for Settlement under the Partner Visa route must demonstrate an appropriate level of English language ability. This may be satisfied through:

An approved English language qualification.
A degree taught or researched in English.
Nationality from a majority English-speaking country.
A recognised exemption.

Applicants should ensure that the evidence submitted meets the Home Office requirements in force at the date of application.

Applicants seeking Settlement will generally need to pass the Life in the UK Test, which assesses knowledge of British history, culture and traditions.

Continuous Residence And Immigration Compliance

Applicants must demonstrate that they have completed the required qualifying period under the Partner Visa route and have complied with UK immigration laws throughout that period.

Typically, the continuous residence period is five continuous years, but in some cases this can be 10 years. Applicants can generally apply up to 28 days in advance of meeting the five-year threshold.

Unlike other immigration routes, there is no strict absence limit. However, the more the applicant and/or their partner are outside of the UK, the more this suggests they have not intended to live in the UK, which is a requirement of the route. As a general rule of thumb, the higher the absences, the higher the risk to the application. Any issues should be carefully considered before an application is made.

What Happens After Settlement?

Once Settlement has been granted, there is no requirement to make further immigration applications in order to remain in the UK. Settlement provides long-term security and significantly greater flexibility than limited leave. For many applicants, the next step will be an application for British citizenship.

In many cases, applicants may become eligible to apply for naturalisation as a British citizen after obtaining Settlement, provided they satisfy the nationality requirements in force at the time of application. British citizenship provides additional benefits, including eligibility for a British passport and the ability to participate fully in civic life in the UK.

How Our Immigration Partners Can Help

Settlement applications require careful preparation and detailed supporting evidence. A refusal can result in significant delays, uncertainty and additional expense.

Our immigration Partners can assist with:

Assessing eligibility for Settlement.
Reviewing immigration history.
Advising on financial requirements.
Assessing relationship evidence.
Advising on English language and Life in the UK Test requirements.
Preparing supporting documentation.
Drafting legal representations.
Managing the application from start to finish.

We provide practical, tailored advice designed to maximise the prospects of a successful outcome.

If you would like to discuss your circumstances, please contact us or complete our enquiry form below.

Frequently Asked Questions

Does Time Under The Fiancé(e) Or Proposed Civil Partnership Visa Count Towards Continuous Residence?

No. This grant of permission is to facilitate marriage or a civil partnership so that applicants can switch into the Partner Visa or Civil Partnership Visa route. The time under the Fiancé(e) or Proposed Civil Partnership route does not count towards the typical five-year continuous residence period.

Are Absences Checked?

Yes. In extension applications there is often not a requirement to list absences. In Settlement applications major absences should be listed. This can mean that applicants who have spent significant time apart from their partners only encounter issues with the ‘genuine relationship’ requirement at Settlement. In some cases, a further extension of the Partner Visa may be advisable, rather than risk a Settlement refusal.

Do I Have To Pay The Immigration Health Surcharge?

No. There is no IHS fee for Partner Settlement applications.