The UK has been busy making changes for their rules regarding how long expats have to wait before they can legally apply for indefinite leave to remain (ILR). The standard baseline timeline for Indefinite Leave to Remain (ILR) doubled from 5 to 10 years. While family routes sponsored by British citizens are broadly expected to retain a 5-year pathway, strict new thresholds mean each dependent must qualify independently rather than being grouped with the primary applicant.
This guide will explore the rules changes and how they can impact families recently moved to the UK or looking to move in the future. Continue reading to find out more about the new legal challenges for families wanting to live permanently in the UK.
Earned Settlement Timeline
While the 5-year track was a one-size-fits-all approach that allows expats to get indefinite leave to remain based on how long they’ve stayed there, the new system is a 10 year one that focuses on a points-based evaluation system. The timeline is no longer automatic either, but rather a variable baseline of 10 years that can be sped up or slowed down depending on the number of points that the expat has earned.
Family Visas
Sponsored work routes have been heavily impacted, as families currently on standard 5-year routes, such as a spouse visa UK, are expected to preserve their 5-year pathway. However, time spent in the UK as a fiancé doesn’t count toward the continuous residence requirement, as you’ll need to be legally married with the relevant visa.
Stricter Criteria for Dependents
Those with a work visa would automatically settle at the same time as the primary applicant, but under the new rules, all partners and children must meet the ILR criteria independently if their permanent residency is to be accepted. Each family member must prove their own:
- English Language Proficiency: All members of the family must achieve a higher-level CEFR test.
- Economic Contribution: Dependents will need to demonstrate strong individual financial compliance and show they have not claimed public funds for extended periods.
- Clean Criminal Record: Committing no crimes serves as a mandatory prerequisite for all individual applicants.
Continuous Residence and Fees
To qualify for ILR, you must accumulate your qualifying years without breaking your continuous residence. This means that you must keep absences from the UK below the allowed limits, so you aren’t away from the country for long periods of time. The application fees will also remain high for ILR, which is currently at £3,226 per person. This can cost families a lot of money, as they have to pay for each member of the household separately.
Legal Challenges
It is worth noting that organizations, such as the Scale Migrant Alliance, are legally challenging the application of these extended 10-year timelines to people who are already residing and working in the UK on a 5-year pathway. This makes things more complicated for families wanting permanent residency in the UK. However, finding the right London immigration lawyers will be very helpful with this.
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