Switching Into Leave To Remain As A Family Member Of A British Citizen & Settled Person
Are you in the UK and seeking to switch into leave to remain as a family member of a British citizen or a person settled in the UK? Whether you are a partner, parent, or child, the Immigration Rules under Appendix FM provide several categories that may allow you to remain lawfully in the UK on the basis of your family life. Sunrise Solicitors help clients with switching visas within UK with particular focus on Leave to Remain applications and the applicable 5-year and 10-year routes to settlement. Contact us today and book you appointment with our expert solicitor.
Understanding “Leave to Remain” Under Appendix FM
“Leave to Remain” refers to permission granted by the Home Office to stay in the UK. Under Appendix FM, individuals may apply for Limited Leave to Remain as a family member of a British citizen or someone with settled status, including those with Indefinite Leave to Remain (ILR), EU Settled Status, or refugee/humanitarian protection. Appendix FM covers a range of relationships and sets out both eligibility and suitability requirements, depending on whether the applicant qualifies under the 5-year route (for those meeting all immigration requirements) or the 10-year route (for applicants relying on Article 8 ECHR – right to family life, where some requirements cannot be met).
Categories of Switching into Leave to Remain (In-Country Applications)
You can apply to switch into one of the following Leave to Remain categories from within the UK, provided you are not on immigration bail, a visitor visa, or in breach of immigration laws (unless exceptional circumstances apply).
Leave to Remain as a Spouse or Civil Partner
For individuals married to or in a civil partnership with a British citizen or settled person:
- 5-Year Route: Requires compliance with all key criteria including:
- Genuine and subsisting relationship
- Financial requirement (£18,600 per annum, plus additional amounts for children)
- English language (A1 CEFR or higher)
- Adequate accommodation
-
10-Year Route: For those unable to meet the financial or immigration status requirement, but where refusal would result in unjustifiably harsh consequences.
Leave to Remain as an Unmarried or Same-Sex Partner
For partners who are not married or in a civil partnership but have lived together in a relationship akin to marriage for at least two years:
- Proof of cohabitation and joint financial responsibilities required.
- Available under both 5-year and 10-year routes depending on whether all requirements are met.
Leave to Remain as a Parent of a British or Settled Child
This category is for individuals who:
- Have a child under 18 who is British or has settled status.
- Have parental responsibility or play an active role in the child’s life.
- Are not in a relationship with the child’s other parent.
- 5-Year Route: All eligibility and suitability requirements must be met, including sole or shared parental responsibility.
- 10-Year Route: Applicable if the applicant fails to meet standard requirements, but removal would breach the child’s rights under Section 55 of the Borders, Citizenship and Immigration Act 2009 and Article 8 ECHR.
Leave to Remain as a Child of a Parent with Leave as a Partner or Parent
This route applies to children under 18 who wish to remain in the UK with a parent who has been granted leave as a partner or parent:
- The parent must already have leave to remain under Appendix FM.
- The child must not be leading an independent life.
- The child must be under 18 at the time of application.
Eligibility Criteria
To switch into Leave to Remain from within the UK, you must generally:
- Be lawfully present in the UK (unless applying under exceptions permitted by Appendix FM EX.1 or under human rights grounds).
- Demonstrate a genuine and subsisting relationship with your UK-based family member.
- Meet suitability criteria (e.g. no serious criminal record, compliance with immigration conditions).
- Where required, meet the financial, English language, and accommodation requirements.
Switching visas within UK is not permitted from visitor visas, short-term student visas, or where you are in the UK without lawful leave unless you can show exceptional or compassionate circumstances under the 10-year route.
How Sunrise Solicitors Can Help
At Sunrise Solicitors, our team provide expert legal assistance across all family-based Leave to Remain routes, including applications as a Spouse or Civil Partner, Unmarried or Same-Sex Partner, Parent of a British or Settled Child, and Child of a Parent with Leave as a Partner or Parent.
- Our expert immigration solicitors specialise in Leave to Remain applications under family routes, fully aligned with Appendix FM and Article 8 ECHR.
- We help clients already in the UK with switching from other visa types or regularising their status based on family life with a British or settled partner, child, or parent.
- Every application is carefully tailored to your unique situation, ensuring it meets the legal requirements for relationship, finances, accommodation, and English language.
If you are looking to switch visas within the UK under a family route, do not leave your future to chance. Speak to Sunrise Solicitors today for expert, dependable legal support. Call us now on +44 0208 543 0999 or email enquiries@sunrisesolicitors.co.uk to book your consultation.
