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How to Get a UK Settlement Visa

If you want to settle in the UK – in other words gain the legal right to remain in the country with no time restrictions, this is officially known as ‘Indefinite Leave to Remain’ or simply ILR.

It’s likely that your search for information will begin online, but a word of warning… The laws regarding this have changed recently and are likely to change again in the future. Because of this, only take information from the official UK government website. This will be updated on a regular basis should any requirements change.

Your personal situation

Your personal situation will depend on whether or not you can apply for ILR. To have a chance of being successful it’s necessary that you fall into one of the following categories:

  • You’re the family member of partner of a British citizen or someone who has settled in the UK. Perhaps they settled in the UK on a Tier 1, Tier 2 or Tier 5 visa, in which case you may well be eligible to get ILR.

  • You have one of the various work visas and have been in the UK for the specified amount of time necessary to apply for ILR.

  • You have a UK Ancestry Visa, have been in the UK for 5 years and have spent no more than 30 days outside the UK in any 12 months of those 5 years.

  • You have a Retired Person Visa and adhere to certain other restrictions. These include having lived continuously in the UK for the past 5 years, have an annual income of at least £25,000 and have close connections to the UK (for example, family members).

  • You’ve been settled in the UK previously and left, but you can apply to settle again if the period of absence is no longer than 2 years.

  • You’ve already been in the UK legally for 10 years or more.

There will be other criteria that will be crucial to your application for ILR being successful. These include, but are not limited to, the following:

  • You will have to pass the Life in the UK Test

  • You will have to pass an English Language Test

  • You don’t have a criminal record in the UK or any other country

  • You haven’t broken UK immigration law

  • You don’t provide false or incomplete information to the Home Office.

There are different fees applicable depending on which type of ILR you are applying for. It’s possible to apply by post or by applying in person and applications take up to 6 months to be processed.

Getting help with your application

It’s possible to make application for ILR yourself. However, many people use various services to make the process easier. There are many different companies that can do this for you. Each charges a fee (in addition to the application fee to HM government).

You should satisfy yourself that any service you use is official. This can be simply done by contacting the Home Office before you part with any money to check that they are an official source.

Such companies include Work Gateways, Immigration Direct and 1st 4Immigration.

What to expect from the Life in the UK Test

It might sound a little scary to have to pass such a test, but there are many ways in which you can prepare for this. Firstly you should get the official handbook for the Life in the UK Test. This is essential as the test will contain questions based on this book. It will explain various different aspects of living in the UK. These include the following:

  • The government and UK law

  • UK traditions and culture

  • Events and people that have shaped UK history

  • UK values and principles

  • Integration and getting involved in the community.

The document will also explain all the various different processes involved in gaining ILR and valuable tips about preparing for the test. You can purchase the booklet in paperback form, as a downloadable PDG, as an eBook, audio CD or in large print.

When you have booked your test (at a cost of £50), you can choose to take it at one of the 60 centres that are located around the UK. You must book the test at least 7 days before you wish to take it.

What to expect from the English Language Test

There are different ways you can prove your knowledge of the English language. This might include an English Qualification at B1, B2, C1 or C2 level. There are various different courses that satisfy this need and are approved by the Home Office.

In some cases it’s not necessary to prove your knowledge of the English language. For example:

  • If you’re aged 65 or over

  • You have a long-term physical or mental condition (with a conformation letter from your doctor).

  • Victims of domestic violence as the partner or spouse of a British citizen or someone who has settled in the UK

  • The partner or spouse of a British citizen or someone settled in the UK who has died.

  • An adult dependent relative between 18 and 64 of someone present and settled in the UK, or who is as a refugee or has humanitarian protection.

  • A refugee living in the UK.

  • Someone living in the UK for humanitarian protection

  • Someone living in the UK with discretionary leave

  • Someone who has permission to stay in the UK as a retired person of independent means

  • A commonwealth citizen on discharge from HM forces (including the Gurkhas)

  • A highly skilled migrant applying under the terms of the highly skilled migrant program.

  • Someone in exceptional circumstances (e.g., as an orphan, widow or over age dependent).

In addition, certain nationalities are exempt from this test.

  • Antigua and Barbuda

  • Australia

  • The Bahamas

  • Barbados

  • Belize

  • Canada

  • Dominica

  • Grenada

  • Jamaica

  • New Zealand

  • Republic of Ireland

  • St Kitts and Nevis

  • St Lucia

  • St Vincent and the Grenadines

  • Trinidad and Tobago

  • USA

All of the above information is correct as of October 2015. However, be aware that the rules and regulations can be updated at any time.