Indefinite leave to remain if you have family in the UK

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Apply as a partner (family visa)

You may be able to apply for indefinite leave to remain if both:

  • you have a family visa as a partner or spouse
  • your partner is settled in the UK - either as a British citizen or a person with indefinite leave to remain

There’s a different way to stay in the UK if:

Check your route to indefinite leave to remain

The eligibility criteria are different depending on if you’re on the:

  • 5 year route  

  • 2 year route  

  • 10 year route

If you’re not sure which route you’re on, check the letter you got from the Home Office when your ‘leave to remain’ was last approved.

Your relationship 

Your current visa must be based on your relationship with your partner. You must be either:

  • a husband, wife or civil partner

  • in a relationship that’s like a marriage or civil partnership for at least 2 years

You must also:

  • have lived together since you last renewed your visa

  • intend to continue your relationship after you apply

If you’re on the 10 year route, you must have had permission to be in the UK based on this relationship for at least one year.

Time in the UK if you’re on the 5 or 2 year route

You must have been living in the UK on your family visa as a partner for at least: 

  • 5 continuous years if you’re on the 5 year route

  • 2 continuous years if you’re on the 2 year route 

You cannot include time you’ve spent in the UK:

  • on any other visa

  • as a fiancé, fiancée or proposed civil partner

Time in the UK if you’re on the 10 year route

You must have been living in the UK for at least 10 continuous years. You can include time you’ve spent on any other visas which lead to indefinite leave to remain.

You cannot include time you’ve spent in the UK as a fiancé, fiancée or proposed civil partner.

Financial requirements if you’re on the 5 year route

You and your partner need to prove your combined income meets the requirement.

How much this is depends on:

  • whether your partner is getting certain disability or carer’s benefits
  • when you first successfully applied for your current family visa

You must prove your income as you did when you applied for your family visa.

If your partner gets disability or carer’s benefits

You need to meet the ‘adequate maintenance requirement’ if your partner gets Personal Independence Payment, Carer’s Allowance or Attendance Allowance or certain other disability benefits. 

This means you only need to show you have enough money to house and support yourselves and your children without relying on additional public funds. The caseworker considers your income and housing costs.

You can check the list of eligible benefits on the family visa guide.

If you first applied for your family visa before 11 April 2024

You and your partner must usually have a combined income of at least £18,600 a year.

You must prove you have extra money for any children who:

  • you’re applying for indefinite leave to remain with
  • are in the UK as dependants on your family visa
  • are in the UK as your partner’s dependants

You do not need to prove you have extra money for any children who:

  • are British or Irish citizens
  • have pre-settled status
  • are permanently settled in the UK

If you need to prove extra money for your children, you’ll need to earn an extra:

  • £3,800 a year for your first child
  • £2,400 a year for each child you have after your first child

If the total amount you need to earn based on your children would be more than £29,000, you only need to prove you make £29,000. 

If you first applied for your family visa on or after 11 April 2024

You and your partner will need to prove you have a combined income of at least £29,000 a year.

Financial requirements if you’re on the 2 year route

You must have enough money to house and support yourself and your children without using public funds.

Financial requirements if you’re on the 10 year route

There are no financial requirements.

Knowledge of language and life in the UK

If you’re 18 to 64 you’ll need to:

Including your children on your application if you’re on the 5 or 2 year route

You can include your children on your application if they’re eligible - the eligibility criteria are different for children under or over 18.

Children under 18

You can add your child to your application if all of the following are true: 

  • they have permission to be in the UK as a dependant on your family visa

  • they’ll continue to live with you and be supported by you without using public funds

  • they’re not married, in a civil partnership or living an independent life

Your partner must be your child’s other parent unless: 

  • you have sole responsibility for your child’s upbringing

  • your child’s other parent is dead

  • there are serious or compelling reasons why your child should be allowed to stay in the UK

Parent means a biological parent, adoptive parent, or step-parent where the biological parent has died. 

Children 18 and over

Children 18 and over must have had permission to be in the UK as a dependant on your family visa before they turned 18. They must still not be living an independent life. 

They also need to: 

Including your children in your application if you’re on the 10 year route

You cannot include your children in your application.

Your children may still be able to apply separately.

How to apply

You’ll be told which documents you need to provide when you apply. You’ll need to:

  • give proof of your income and where you live - if you’re on the 5 or 2 year route

  • prove you’ve lived in the UK with your partner since you got your last visa

  • prove that your relationship with your partner is genuine

  • prove you meet the English language requirements and have passed the Life in the UK Test

Apply online

You must apply online. The form you use depends if you’re on the:

The earliest you can apply is 28 days before you meet the requirements for the time you need to have lived in the UK. Your application may be refused if you apply earlier. 

Do not wait until your current visa expires. If your visa expires before you can apply for indefinite leave to remain, you’ll need to renew it first.

Once you’ve started your application, you can save your form and complete it later.

Get help to apply online

You can get help with completing the online form if you:

  • do not feel confident using a computer or mobile device

  • do not have internet access

You can only use this service if you’re applying in the UK.

You cannot get immigration advice through this service.

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