Immigration ~ Settling in the UK

The following information is also available
as a leaflet that can be downloaded.

Am I able to settle in the UK?

There are various time limits before you can apply for “indefinite leave to reside”. These are:

No limit – for the spouse or civil partners of a UK Citizen who have been living abroad as a couple for more than 4 years, parents, grandparents, and children who arrive on their own although extra conditions may apply to some of these situations.

2 years – for the spouse or civil partners of a UK Citizen who have been living aboard as a couple for less than 4 years, children who arrive with a spouse or civil partner and unmarried partners and their children if they arrived together.

4 years – for former members of HM Forces.

5 years – for work permit holders, permit-free workers, self-employed or business persons, retired persons of “independent means”, people allowed to stay under the Highly Skilled Migrants Programme, “investors” or “innovators”, writers, composers or artists, self-employed lawyers, or people who have UK ancestry or the spouse, registered civil partner or child of someone in one of these situations.

10 to 14 years – long residence. Any spouse or civil partner or child must also complete the qualifying period themselves and apply separately.

A British Citizen or anyone who is already settled in the UK can “sponsor” close family members to come and live here. Some family members will be allowed to settle here straight away, while in other cases there may be additional requirements and / or an initial time limit.

When do I apply?

You must apply to the Home Office no more than 28 days before the end of your qualifying period. If you make the application earlier your application may be refused and your fee retained. However you must make sure that you apply before your current permission to stay has expired.

What will the outcome be?

If you are able to show that you still meet the rules for living here and you have not broken the law during that that time, your time limit should be lifted together with any conditions that were part of your permission to stay. You will be granted “indefinite leave to remain”

If your application is refused you can, in most cases, appeal. In which case, you should get advice quickly as time limits for appeals are quite short.

Once you have been granted “indefinite leave to remain” you can travel abroad, staying away for up to two years without needing permission to return. You will however need to apply for clearance if you are away for longer than this and your right to return to the UK will not be certain.

What if I stay longer that I am allowed?

If you stay longer that you are allowed you risk prosecution and removal, unless you have applied for permission to stay longer or to settle here and you are waiting for a decision from the Home Office or you are appealing against a refusal.

Who is entitled to British Citizenship?

Any child born in the UK to parents who are settled in the UK at the date of birth becomes a British Citizen. If the parents have a time limit on their stay or have no permission to stay as all, any child born in the UK does not automatically gain Citizenship. However if the parents subsequently settle here, those children can become Citizens.

Children born abroad to British Citizens can become Citizens themselves. However this right only passes down one generation. So a child born abroad who gains British Citizenship because their parents are Citizens or have been granted Citizenship, cannot pass that Citizenship to their own children unless they had settled in the UK themselves at the date of birth.

Who can become a British Citizen?

Under the “naturalisation” process you can apply for Citizenship if you:

Have lived in the UK for five years and have been granted leave to remain permanently (i.e. you are settled here) for the previous 12 months;

You are married to a British Citizen, lived here for three years and are settled here (no minimum period for settlement is set down).

However if you have been outside of the UK for more than three months on average in any one year your application may not be accepted.

If your application is refused you cannot appeal although you can ask the Home Office to check their findings if you think they made a mistake.

A refusal does not prevent you make another application in the future.

What other requirements are there?

You must be of good character and there will be a check carried out to see if you have a criminal record.
You must be able to show that you speak English, Welsh or Scots Gaelic to a required level.
You must pass a test showing your knowledge of life in the UK.

What happens next?

You will need to attend a local Citizenship ceremony where you will make an official declaration about becoming British. At this ceremony you will be given the certificate that shows you are now a Citizen.

What help is available?

If you do not have enough money to pay for legal advice, you may be entitled to public funding (Legal Aid) from the Legal Services Commission.

We have a contract to provide free Legal Aid in Immigration and Asylum cases.