Immigration Rules Appendix Settlement Family Life
This route is for a person who has permission to stay as a partner or parent (or has had a combination of the two) under Appendix FM, and who is eligible to settle in the UK after a qualifying period of 10 years.
The person may also be able to count time with permission on other routes towards the 10 year qualifying period, if certain conditions are met.
Alternatively, partners, parents and their dependent children may qualify for settlement on the basis of 10 years Long Residence in the UK, under paragraphs 276A to 276D or 298 of the rules.
Where a person has permission as a partner and the relationship has broken down due to domestic abuse, the applicant may be able to qualify for settlement as a victim of domestic abuse under Appendix FM.
Where a person has permission as a partner and their partner has died, the applicant may be able to qualify for settlement as a bereaved partner under Appendix FM.
Dependent children of a partner or parent who is applying to settle on this route may also qualify for settlement under these Rules.
Children born in the UK where a parent is settled in the UK will be British citizens by birth. There are registration routes for British Citizenship for children born in the UK before their parent is settled: either once a parent is granted settlement or if the child lives in the UK for the first 10 years of their life. Other children may also apply for registration as a British citizen at the Home Secretary鈥檚 discretion: Registration as a British citizen: children - 188体育 (www.gov.uk).
Validity requirements for settlement as a partner or parent based on a qualifying period of 10 years
SETF 1.1. A person who is applying for settlement must apply online on the gov.uk website on the specified form 鈥淪ettlement as a partner or parent.鈥�.
- SETF 1.2. An application for settlement must meet all the following requirements:
- (a) any fee must have been paid; and
- (b) the applicant must have provided biometrics when required; and
- (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
- (d) the applicant must be in the UK on the date of application.
SETF 1.3. The applicant must have, or have last been granted, permission as a partner or parent under Appendix FM.
SETF 1.4. An application which does not meet all the validity requirements for settlement may be rejected as invalid and not considered.
- SETF 2.1. The applicant must not fall for refusal under:
- (a) the suitability grounds for refusal for indefinite leave to remain applications under Appendix FM paragraphs:
- (i) S-ILR.1.2, S-ILR.1.6 to S-ILR.1.10, S-ILR.3.1; or
- (ii) S-ILR.2.2, S-ILR.4.2 to S-ILR.4.5 (subject to SETF 2.4); or
- (b) paragraph 9.6.1. of Part 9 of these rules (subject to SETF 2.4).
- (a) the suitability grounds for refusal for indefinite leave to remain applications under Appendix FM paragraphs:
SETF 2.2. The applicant must not have been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more.
SETF 2.3. The applicant must not have been convicted of an offence in the UK or overseas for which they have been sentenced to imprisonment for less than 12 months, unless the applicant has completed a qualifying period of 10 years with permission as set out in SETF 2.6 and the applicant has spent at least 5 years with such permission since the end of their sentence.
- SETF 2.4. Where any of the following occur during the applicant鈥檚 qualifying period for settlement, the applicant must be refused settlement unless the applicant has completed a continuous qualifying period of 10 years with permission as set out in SETF 2.6 and has completed 5 years continuous residence with such permission after the date of the first permission after the suitability ground came to the attention of the decision maker:
- (a) involvement in a sham marriage or civil partnership (grounds for refusal under 9.6.1 of Part 9); or
- (b) use of false documents or information or deception (S-ILR.2.2 and S-ILR.4.2 and S-ILR.4.3. of Appendix FM); or
- (c) litigation debt owed to the Home Office, unless the debt has been paid (S-ILR.4.4 of Appendix FM); or
- (d) debt to the NHS, unless the debt has been paid, or the total value of outstanding charges is under 拢500 (S-ILR.4.5. of Appendix FM); or
- (e) the applicant has breached the conditions of their permission.
SETF 2.5. Unless the applicant is a child or young adult who was granted on the basis of private life under PL 3.1. or PL 4.1 of Appendix Private Life, if the applicant has entered the UK illegally they must be refused settlement unless the applicant has completed a qualifying period of 10 years with permission under SETF 2.6.
- SETF 2.6. Where an applicant must complete a qualifying period of 10 years (under SETF 2.3. to SETF 2.5.), they must have had permission as one of, or a combination of the following for that 10 year qualifying period:
- (a) entry clearance or permission granted as a partner or parent under Appendix FM (except for permission as a fianc茅(e) or proposed civil partner); or
- (b) permission described in the Home Office grant letter as 鈥渇amily permission as a parent鈥� or 鈥渇amily permission as a partner鈥�; or
- (c) permission on the private life route under paragraph 276ADE or 276BE(2) before 20 June 2022 or Appendix Private Life; or
- (d) entry clearance or permission as a child of a person with limited leave as a partner or parent under Appendix FM; or
- (e) permission granted outside the rules as a partner, a parent or child or because of private life on the basis of Article 8 of the Human Rights Convention.
- SETF 2.7. The applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
Qualifying period requirement for settlement as a partner or parent based on a qualifying period of 10 years
- SETF 3.1. The applicant must have spent a continuous qualifying period in the UK of 10 years with permission under the following (or any combination of the following):
- (a) entry clearance or permission granted as a partner or parent under Appendix FM (except for permission as a fianc茅(e) or proposed civil partner); or
- (b) permission described in the Home Office grant letter as 鈥渇amily permission as a parent鈥� or 鈥渇amily permission as a partner鈥�; or
- (c) permission on the private life route under paragraph 276ADE or 276BE(2) before 20 June 2022 or Appendix Private Life; or
- (d) entry clearance or permission as a child of a person with limited leave as a partner or parent under Appendix FM; or
- (e) permission granted outside the rules as a partner, a parent or child or because of private life on the basis of Article 8 of the Human Rights Convention.
- SETF 3.2. If the applicant does not meet SETF 3.1, the 10-year qualifying period can be met by also counting time on any other route that includes rules allowing an applicant to qualify for settlement, if the applicant:
- (a) did not enter the UK illegally; and
- (b) has had permission as a partner (if applying as a partner) or parent (if applying as a parent) under Appendix FM for at least one year.
SETF 4.1. The applicant must have met the continuous residence requirement as set out in Appendix Continuous Residence for the qualifying period.
SETF 5.1. Unless an exemption applies, the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening to at least level B1.
SETF 5.2. The applicant must show they meet the English language requirement as specified in Appendix English Language.
SETF 6.1. Unless an exemption applies, the applicant must meet the Knowledge of Life in the UK requirement as set out in Appendix KOL UK.
- SETF 7.1. The applicant must be the partner of a person who is one of the following:
- (a) a British citizen who is living in the UK; or
- (b) present and settled in the UK; or
- (c) applying for settlement at the same time as the applicant.
SETF 7.2. The requirements of Appendix Relationship with Partner must be met.
SETF 7.3. The applicant must have had permission based on their relationship with their current partner for at least one year.
SETF 8.1. The applicant must have, or have last had, permission as a parent of a child (C) under Appendix FM (whether or not the child is aged under 18 at the date of the parent鈥檚 application for settlement).
- SETF 8.2. The applicant must be the parent of a child who:
- (a) is a British citizen and living in the UK; or
- (b) is present and settled in the UK; or
- (c) is applying for settlement at the same time as the applicant.
- SETF 8.3. If the child (C) at SETF 8.1. is under 18 at the date of application, the applicant must have:
- (a) sole parental responsibility; or
- (b) C must normally live with the applicant; or
- (c) the applicant must have direct access (in person) to C, as agreed with the parent or carer with whom C normally lives or as ordered by a court in the UK.
SET 8.4. The applicant must show that they are taking, and intend to continue to take, an active role in the child鈥檚 upbringing.
SETF 9.1. If the decision maker is satisfied all the suitability and eligibility requirements for settlement as a partner or parent based on a qualifying period of 10 years are met the applicant will be granted settlement.
- SETF 9.2. If the requirements for settlement are not met, but the decision maker believes the applicant is likely to meet all the suitability and eligibility requirements for permission to stay under Appendix FM as either a partner (D-LTRP.1.2.) or parent (D-LTRPT.1.2.), the application will not be refused, but will be varied by the Secretary of State to an application for permission to stay on that route. Where this happens:
- (a) no additional application fee for permission to stay will be required and the settlement application fee will not be refunded; and
- (b) the Secretary of State will write to the applicant informing them of this variation and, if required, will request the applicant pay any Immigration Health Charge.
SETF 9.3. If the applicant does not pay the requested Immigration Health Charge, or does not request or is granted a fee waiver for the Immigration Health Charge, the application for permission to stay will be rejected as invalid.
SETF 9.4. Where an applicant is granted permission to stay it will be granted for the period as set out in D-LTRP.1.2 or D-LTRPT.1.2 of Appendix FM (as relevant), subject to the conditions in the relevant paragraph.
SETF 9.5. If the decision maker is not satisfied that the applicant meets all the suitability and eligibility requirements for settlement or permission to stay as a partner or parent, the application for settlement will be refused.
Validity requirements for settlement as a dependent child of a partner or parent based on a qualifying period of 10 years
SETF 10.1. A child who is applying for settlement on this route must apply online on the gov.uk website on the specified form as follows: 鈥淪ettlement as a Child (including a child aged over 18 already in the UK as a dependent)鈥�.
- SETF 10.2. An application for settlement must meet all the following requirements:
- (a) any fee must have been paid; and
- (b) the applicant must have provided biometrics when required; and
- (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
- (d) the applicant must be in the UK, and
- (e) the applicant must be applying as the child of a person (P) who:
- (i) has made a valid application for settlement in the UK as a partner or parent based on a 10 year qualifying period, and that application has not been decided; or
- (ii) is settled or has become a British citizen, providing P had permission as a partner or parent based on a 10 year qualifying period when P settled.
SETF 10.3. The applicant must have, or have last had, permission to stay in the UK as a dependent child, unless they were born in the UK.
SETF 10.4. An application which does not meet all the validity requirements for settlement as a child may be rejected as invalid and not considered.
- SETF 11.1. The applicant must not fall for refusal under:
- (a) the suitability grounds for refusal for indefinite leave to remain applications under Appendix FM paragraphs:
- (i) S-ILR.1.2, S-ILR.1.6 to S-ILR.10.1, S-ILR.3.1.; or
- (ii) S-ILR.2.2, S-ILR.4.2, to S-ILR.4.5 (subject to SETF 11.4); or
- (b) paragraph 9.6.1. of Part 9 of these rules (subject to SETF 11.4).
- (a) the suitability grounds for refusal for indefinite leave to remain applications under Appendix FM paragraphs:
SETF 11.2. The applicant must not have been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more.
SETF 11.3. The applicant must not have been convicted of an offence in the UK or overseas for which they have been sentenced to imprisonment for less than 12 months, unless the applicant has completed a qualifying period of 10 years with permission as set out in SETF 11.6 and the applicant has spent at least 5 years continuous residence with such permission since the end of their sentence.
- SETF 11.4. Where any of the following occur during the applicant鈥檚 qualifying period for settlement, the applicant must be refused settlement unless the applicant has completed a continuous qualifying period of 10 years with permission as set out in SETF 11.6 and has completed 5 years continuous residence with such permission after the date of the first grant of permission after the suitability ground came to the attention of the decision maker:
- (a) involvement in a sham marriage or civil partnership (grounds for refusal under 9.6.1 of Part 9); or
- (b) use of false documents or information or deception (S-ILR.2.2 and S-ILR.4.2 and S-ILR.4.3. of Appendix FM); or
- (c) litigation debt owed to the Home Office, unless the debt has been paid (S-ILR.4.4 of Appendix FM); or
- (d) debt to the NHS, unless the debt has been paid, or the total value of outstanding charges is under 拢500 (S-ILR.4.5. of Appendix FM); or
- (e) the applicant has breached the conditions of their permission
SETF 11.5. Unless the applicant is a child or young adult who was granted on the basis of private life under PL 3.1. or PL 4.1. of Appendix Private Life, if the applicant has entered the UK illegally they must be refused settlement unless the applicant has completed a qualifying period of 10 years with permission under SETF 11.6.
- SETF 11.6. Where an applicant must complete a qualifying period of 10 years (under SETF 11.3. to SETF 11.5.), they must have had permission as one or a combination of the following for that 10 year qualifying period:
- (a) entry clearance or permission granted as a partner or parent under Appendix FM (except for permission as a fianc茅(e) or proposed civil partner); or
- (b) permission described in the Home Office grant letter as 鈥渇amily permission as a parent鈥� or 鈥渇amily permission as a partner鈥�; or
- (c) permission on the private life route under paragraph 276ADE or 276BE(2) before 20 June 2022 or Appendix Private Life; or
- (d) entry clearance or permission as a child of a person with limited leave as a partner or parent under Appendix FM; or
- (e) permission granted outside the rules as a partner, a parent or child or because of private life on the basis of Article 8 of the Human Rights Convention.
- SETF 11.7. The applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
Relationship requirement for settlement as a child of a partner or parent based on a qualifying period of 10 years
- SETF 12.1. The applicant must be the child of a person (P) where one of the following applies:
- (a) P is, at the same time, being granted settlement as a partner or parent based on a qualifying period of 10 years; or
- (b) P is settled or has become a British citizen, providing P had permission as a partner or parent based on a qualifying period of 10 years when they settled.
- SETF 12.2. If applying as a child, the applicant鈥檚 other parent must be being granted settlement at the same time, or be settled or a British citizen, unless:
- (a) the person (P) in SETF 12.1. is the applicant鈥檚 sole surviving parent; or
- (b) the person (P) in SETF 12.1. has sole responsibility for the applicant鈥檚 upbringing; or
- (c) the decision maker is satisfied that there are serious and compelling reasons to grant the applicant settlement.
SETF 13.1. The applicant must be under the age of 18 on the date of application, unless they were last granted permission as the dependent child of their parent or parents.
SETF 13.2. If the applicant is aged 16 or over on the date of application, they must not be leading an independent life.
SETF 14.1. If the applicant is under the age of 18 on the date of application, there must be suitable arrangements for the child鈥檚 care and accommodation in the UK, which must comply with relevant UK law.
SETF 15.1. Unless an exemption applies (for example where the applicant is aged under 18), the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening of at least level B1.
SETF 15.2. The applicant must show they meet the English language requirement as specified in Appendix English Language.
SETF 16.1. Unless an exemption applies (for example where the applicant is aged under 18), they must meet the Knowledge of Life in the UK requirement as set out in Appendix KOL UK.
SETF 17.1. If the decision maker is satisfied all the suitability and eligibility requirements for settlement are met the applicant will be granted settlement.
- SETF 17.2 If the requirements for settlement are not met, but the decision maker believes the applicant is likely to meet all the suitability and eligibility requirements for permission to stay under Appendix FM as a child of a person with limited leave as a partner or parent (D-LTRC.1.1.), or qualifies under paragraph GEN 3.2 of Appendix FM, the application will be varied by the Secretary of State to an application for permission to stay on that route. Where this happens:
- (a) no additional application fee for permission to stay will be required and the settlement application fee will not be refunded; and
- (b) the Secretary of State will write to the applicant informing them of this variation and, if required, will request the applicant pay any Immigration Health Charge.
SETF 17.3 If the applicant does not pay the requested Immigration Health Charge, or does not request and is granted a fee waiver for the Immigration Health Charge, the application for permission to stay will be rejected as invalid.
SETF 17.4. Where an applicant is granted permission to stay they will be granted for the period as set out in paragraph D-LTRC.1.1 of Appendix FM, subject to the conditions in paragraph D-LTRP.1.2 (where their parent has permission as a partner) or D-LTRPT.1.2 (where their parent has permission as a parent).
SETF 17.5. If the decision maker is not satisfied that the applicant meets all the suitability and eligibility requirements for settlement or permission to stay, the application for settlement will be refused.