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Partner of a British citizen or settled person

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Settlement

This section is for the husband, wife or civil partner of a British citizen or a person who is settled here who had applied on or before 8 July 2012 for a visa to come to the UK.

If you had not applied for a visa under this category by that date, please see the main Partners section for the different rules that apply to you.

This section explains how you can apply for permission to settle permanently in the UK if you are currently here as the husband, wife or civil partner of a British citizen or a person who is present and settled here.

Permission to settle in the UK is also known as 'indefinite leave to remain'.

The information on this page is based on Part 8 (paragraph 297) of the Immigration Rules.

You must meet all the requirements of the Immigration Rules at the time when you apply for settlement. If you are considering applying for settlement in the future, you should note that the Immigration Rules are subject to change

Applying for settlement

You can apply for settlement as a husband, wife or civil partner if:

  • you have completed a period of 2 years in the UK, with a visa or permission to remain here in this category;
  • you are still the husband, wife or civil partner of the person specified in your visa or permission to remain;
  • the marriage or civil partnership is existing and genuine (not a 'marriage of convenience', for example);
  • you and your partner both intend to live together permanently as husband and wife or civil partners;
  • you have adequate accommodation where both of you and any dependants can live without needing public funds, and at least part of that accommodation (for example, a bedroom) is for your and your partner's sole use;
  • both of you can support yourselves and any dependants without needing public funds;
  • you meet the suitability requirement (if you made your application before 13 December 2012 you must not have had any unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974); and
  • you have enough knowledge of the English language and life in the UK. (You do not need to meet this last requirement if you are aged 65 or over.) You can find more information about this requirement on the Knowledge of language and life page.

You must apply using application form SET(M).

You must be in the UK when you apply. You can make your application by post, by courier, in person at one of our public enquiry offices, or using the settlement checking service. This service is offered by a number of local authorities, and assists applicants to submit valid and complete applications that are less likely to be delayed.

Time spent outside the UK

The Immigration Rules do not say that you must have been in the UK for the entire 2 years of your visa or permission to remain. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.

However, time spent outside the UK does make a difference to applications for British citizenship. If you apply to be naturalised as the husband, wife or civil partner of a British citizen, you must show that you have been living in the UK for the last 3 years (the 'residential qualifying period'), and that you have spent no more than 270 days outside the UK during those 3 years. Also, you must have spent no more than 90 days outside the UK in the last 12 months of the 3-year period. (We have discretion to allow absences above the normal limits in some circumstances.)

If you delayed your entry to the UK

If you were given a visa in this category but you then delayed your travel to the UK by up to 3 months, you can apply for settlement using application form SET(M) shortly before your visa expires. Provided you meet all the other requirements, we will put your application on hold until you have completed your 2-year qualifying period in the UK.

If you were given a visa in this category but you then delayed your travel to the UK by more than 3 months, you will need to apply using application form FLR(M) for a further probationary period of 2 years. If we give you a further probationary period and you meet all the other requirements for settlement (including the knowledge of language and life), you will be able to apply for settlement as soon as you have completed a total of 2 years' probation (adding together your time spent in the UK under your visa and the necessary number of months from your second probationary period).

More information

  • Application fees for settling in the UK using form SET(M)

    Fee if you are applying by post Fee if you are applying in person
    Main applicant £1051 £1426
    Children aged under 18 (if they are applying at the same time as the main applicant) £788 for each child included on the main applicant's application form £1163 for each child included on the main applicant's application form
     Children aged under 18 (if they are applying separately from  the main applicant)  £1051  £1426


Application forms

Application for permanent residence in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a permanent resident

Choose a different form

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