British National (Overseas) visa
Settle in the UK
If you’ve lived in the UK for 5 years, you may be able to apply to stay permanently.
Indefinite leave to remain is how you settle in the UK. It’s also called ‘settlement’. It gives you the right to live, work and study here for as long as you like, and apply for benefits if you’re eligible. You can use it to apply for British citizenship.
Eligibility
You can apply for settlement if you have a BNO visa and you’ve spent 5 continuous years in the UK.
The earliest you can apply is 28 days before you’ve been in the UK for 5 years.
In most cases you must have spent no more than 180 days outside the UK in any 12 month period.
If you think you’re affected by this rule, find out how to calculate your time in the UK (‘continuous residence’).
Time spent in the UK that counts toward the 5 years
You can count time spent in the UK on any visa that allows you to apply for settlement, as long as your last visa was a BNO visa. For example:
- Entrepreneur visa
- Family visa
- Global Talent visa (or a Tier 1 Exceptional Talent visa)
- Investor visa
- Minister of Religion visa
- Representative of an Overseas Business visa
- Skilled Worker visa (or a Tier 2 General work visa)
- Sportsperson visa
- UK Ancestry visa
Time spent in the UK that does not count towards the 5 years
You cannot count time you spent in the UK that was outside of the immigration rules. For example, if you had permission granted via ‘leave outside the rules’ at the border for BNO status holders and their family members.
You also cannot count time spent on any visa that does not allow you to apply for settlement, for example:
- Youth Mobility Scheme visa
- Student visa - previously called a Tier 4 (General) student visa Youth
Knowledge of language and life in the UK
If you’re 18 to 64 you’ll usually need to:
- book and pass the Life in the UK Test
- meet the English language requirements by having an English qualification with at least level B1 in speaking and listening or a degree taught or researched in English
There are some circumstances where you do not have to take the Life in the UK Test, or when you do not have to meet the English language requirement.
Your family members applying to settle
Each family member will need to make their own application. How they apply depends on their age and if they’re dependent on you.
Partners, children 18 or over and adult dependent relatives
If your partner, their children aged 18 or over or your adult dependent relatives were dependants on your BNO visa, they can apply for settlement with you or make their own application.
They do not need to apply at the same time as you or prove their relationship to you.
Children under 18
Children under 18 can apply for settlement if they were previously dependants on your BNO visa.
Each child will need a separate application which will link to yours using your settlement application details.
They must apply for settlement with both of their parents, unless one or both of their parents is already settled or has British citizenship. You should include details of this parent’s settlement application or citizenship in the form.
Your child’s application does not need to include details about both parents if:
- one parent is the only surviving parent
- one parent has sole responsibility for them
- there are serious or compelling family or other considerations, for example you (if you’re settled in the UK) or your child has a serious illness
Adult dependent relatives
If your adult dependent relative was a dependant on your BNO visa, they can apply for settlement with you or make their own application.
They do not need to apply at the same time as you or prove their relationship to you.
They must be the parent, grandparent, brother, sister, son or daughter of someone who is one of the following:
- applying for settlement at the same time
- already settled
- a British citizen
Include details of this person’s settlement application or citizenship in the form.
Each adult dependent relative needs a separate application. This will be linked to yours using your settlement application details.
Fees and how long it takes
It costs £2,885 for each person applying. You’ll also need to have your biometric information (fingerprints and a photo) taken - there’s no fee for this.
You’ll usually get a decision within 6 months.
You must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision. Your application will be withdrawn if you do.
You may be able to pay to get a faster decision.
Apply to settle in the UK
As part of your settlement application, you’ll need to have your fingerprints and photograph taken at a visa application centre - this is to prove your identity.
You should apply using the ‘BNO’ category on the application form. Once you’ve started your application, you can save your form and complete it later.
After you apply
If your settlement application is successful you’ll be granted indefinite leave to remain.
If you got a biometric residence permit (BRP) when you applied for your BNO visa, you’ll get another one.
If you got access to your immigration status online, your status will be updated in your UK Visas and Immigration (UKVI) account.
If your application is unsuccessful
If your application for settlement is unsuccessful, your BNO visa may be extended for 30 months. You’ll need to meet the requirements for limited leave to remain to get an extension.
You’ll be contacted by UKVI either by email or letter and asked to pay the immigration health surcharge (IHS).