ILR As Family Members Of British Citizens & Settled Persons
Indefinite Leave to Remain (ILR) as a family member of a British citizen or a settled person is a form of settlement granted under the UK Immigration Rules to qualifying family members who meet the applicable requirements of the relevant settlement route. It allows a person to live in the UK without any time limit on their stay, provided they continue to comply with UK immigration law.Â
These settlement routes are commonly used by partners, parents and children who have held permission under a qualifying family route and who can demonstrate ongoing eligibility, lawful residence and compliance with the UKVI requirements. Sunrise Solicitors provides free immigration advice for ILR applications. Call us today or book an appointment to get expert help from our immigration solicitors and lawyers.
Who can apply for ILR as a Family Member of a British Citizen or Settled Person?
The following family members can apply for ILR under different settlement routes as a family member of a British citizen or a settled person: partners, including spouses, civil partners and unmarried partners; parents of British or settled children; children who hold permission as dependants under a qualifying family route; adult dependent relatives; bereaved partners; and individuals applying under the domestic abuse provisions of the Immigration Rules.Â
Application process Â
The step-by-step application process for the ILR as a family member of a British citizen or a settled person is given below. Â
- Eligibility confirmation: You must ensure that you meet the ILR requirements under the relevant family route and submit your application at the appropriate time. For partner and parent family visa routes, you can generally apply no earlier than 28 days before completing the required qualifying period.Â
- Online application submission: You must complete the correct ILR application form through GOV.UK and pay the applicable Home Office application fee.Â
- Biometric enrolment and document submission: You must book and attend an appointment with UK Visa and Citizenship Application Services (UKVCAS) to provide biometric information and submit the required supporting documents for all applicants included in the application. Â
- Decision process: UKVI will assess the application and may contact you if your application requires further consideration, for example where supporting documents need to be verified or an interview is required.Â
General Eligibility requirements for ILR As Family Members of British Citizens & Settled Persons
To qualify for ILR as a family member of a British citizen or a settled person, an applicant must meet the eligibility and settlement requirements applicable to the relevant family route under the UK Immigration Rules. The applicant must also meet any applicable suitability requirements under the Immigration Rules, including requirements relating to immigration compliance, criminality and deception.Â
Applicants must also demonstrate that their family relationship remains genuine and subsisting where applicable. Applicants must also meet any immigration status and immigration history requirements that apply to their settlement route. Where required under the Immigration Rules, applicants must meet the English language requirement and pass the Life in the UK Test, unless an exemption applies. All applicants must submit a valid application, provide accurate information and supporting evidence, and attend biometric enrolment as required by UKVI.
Key ILR routes for family membersÂ
Key ILR routes for family members of British citizens and settled persons are listed below.
Spouses and Civil Partners:
- ILR As A Spouse (5 Years Route) & ILR As A Spouse (10 Years Route): For those married to, or in a civil partnership with, a British citizen or settled person (available in 5-year and 10-year routes).
- ILR As A Civil Partner (5 Years Route) & ILR As A Civil Partner (10 Years Route): Similar to Spouse ILR options, but for those in a civil partnership.
- ILR As An Unmarried Partner (5 Years Route) & ILR As An Unmarried Partner (10 Years Route): For those in an established long-term relationship with a British citizen or settled person (available in 5-year and 10-year routes).
- ILR As A Same Sex Partner (5 Years Route) & ILR As A Same Sex Partner (10 Years Route): For those in a same-sex partnership with a British citizen or settled person (available in 5-year and 10-year routes).
Other Family Members:
- ILR As A Victim Of Domestic Violence: For victims of domestic violence who have been granted leave to remain on this basis.
- ILR As A Bereaved Partner: For surviving spouses or civil partners of deceased British citizens or settled persons.
- ILR As Adult Dependent Relative (ADR): For adult dependent relatives of a British citizen or settled person who meet specific requirements.
- ILR As A Parent Of A British Child (5 Years Route) & ILR As A Parent Of A British Child (10 Years Route): For parents of British children under 18 years old (available in 5-year and 10-year routes).
Children:
- Entry Clearance For Indefinite Leave To Enter (ILE) As A Child Under 18: For children under 18 applying for ILR outside the UK.
- ILR As A Child – SET (F) Application: For children in the UK with a valid visa under the Appendix FM (SET(F)) who have reached the requirements for ILR.
- Entry Clearance For Indefinite Leave To Enter As An Adopted Child: For adopted children under 18 applying for ILR outside the UK.
- ILR As An Adopted Child: For adopted children already in the UK who meet the requirements for ILR.
How long does it take to get a decision on a family ILR application?Â
When applying for ILR as a family member of a British citizen or a settled person using the standard service, UKVI usually makes a decision within 6 months of the applicant providing their fingerprints and photo. This standard processing timeframe applies to applications covered by this family ILR route, although complex applications may take longer.Â
When applying for ILR as a family member of a British citizen or a settled person using the standard service, UKVI usually makes a decision within 6 months. The processing period generally runs from the date the applicant submits the application where the UK Immigration: ID Check app is used, or from the date fingerprints and a photo are provided at a UKVCAS appointment. Applicants using SET(M) may also be able to use the Super Priority service, which usually provides a decision by the end of the next working day after biometric enrolment, subject to availability. The 5-working-day Priority service is not available for SET(M) applications.Â
How can Sunrise Solicitors help? Â
Sunrise Solicitors advises and represents family members of British citizens and settled persons in ILR applications. Our immigration solicitors and lawyers have extensive knowledge of Immigration rules and UKVI policy. We provide
accurate and clear legal advice tailored to the individual circumstances of the applicant.Â
We assist clients throughout the settlement process by identifying the appropriate ILR route, assessing eligibility under the Immigration Rules, and ensuring that applications are prepared and submitted in accordance with UKVI requirements. Our approach focuses on addressing potential issues at an early stage, including complex immigration histories, compliance concerns, or previous refusals, to minimise the risk of delay or refusal.Â
Our services include preparing and reviewing ILR application forms, compiling and organising supporting evidence, drafting legal representations where required, and guiding applicants through the UKVCAS biometric enrolment process and subsequent UKVI decision-making stages. Â
We are committed to providing professional and reliable immigration advice, with careful attention to detail at every stage of the application.Â
