Indefinite leave to remain if you have family in the UK
Apply as a parent (family visa)
You may be eligible for indefinite leave to remain if you have a family visa as a parent.
Your child must be living in the UK and either:
- be settled in the UK - either as a British citizen or a person with indefinite leave to remain
- be applying for indefinite leave to remain at the same time as you
Eligibility
The eligibility criteria are different depending on if you’re on the:
- 5 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.
If you’re on the 5 year route and your partner is settled in the UK
You cannot apply for indefinite leave to remain as a parent if you both:
- have a partner in the UK
- are eligible for a partner visa
You must first apply for a visa as a partner and apply for indefinite leave to remain when you’re eligible.
Your relationship to your child
If your child lives with you, you must have either:
- sole parental responsibility
- shared responsibility if your child’s other parent is a British citizen or settled in the UK
If your child lives with their other parent or carer, you must have access rights and shared responsibility. The child’s other parent or carer must be a British citizen or settled in the UK.
If your child is 18 or over
Your child must usually be under 18 on the date you apply for indefinite leave to remain if you are applying on the 5 year route.
If your child is 18 or over you can still apply if both:
- your child was under 18 when you got your family visa as a parent
- your child does not live an independent life - for example, they have not left home, got married or had children
If you’re applying on the 10 year route your child does not have to be under 18.
Time you’ve spent in the UK if you’re on the 5 year route
You must have been living in the UK on your family visa as a parent for at least 5 continuous years.
You cannot include time you’ve spent in the UK on any other visa, including as a fiancé, fiancée or proposed civil partner.
Time you’ve spent 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 must prove you have enough money to support and house yourself and your dependants without relying on 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:
- book and pass the Life in the UK Test
- meet the English language requirements by having a recognised English qualification with at least level B1 in speaking and listening or a degree taught or researched in English
Including your other children on your application if you’re on the 5 year route
You can include your other children on your application if they’re eligible - the eligibility is different for children under 18 or 18 and over.
Children under 18
You can add your other children 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
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’ll also need to:
- pass the Life in the UK Test
- meet the English language requirements
Including your other children in your application if you’re on the 10 year route
You cannot include your other 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 prove that:
- you’re their parent
- give proof of your income and where you live - if you’re on the 5 year route
- you meet the English language requirements and have passed the Life in the UK Test
On the 5 year route you can include your other children on the same application form if they’re eligible. If you cannot add them to your application your children may still be able to apply separately.
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’ve lived in the UK for 5 continuous years (or 10 years if you’re on the 10 year route). 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.