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This section explains how you can apply for permission to settle permanently in the UK if you are currently here as the 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'. 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.

New immigration rules that came into force on 9 July 2012 changed the length of time that family members must be in the UK before applying for settlement. This applies to partners of those who are British citizens, settled in the UK, in the UK with refugee leave or humanitarian protection, or here as a worker in a points-based category.

If you applied to come to the UK or for permission to stay here on or after 9 July 2012 and that permission was granted, you will need to be in the UK for 5 years before you qualify for settlement. You will initially be given leave to enter for 2 and a half years, and then you can apply for another period of 2 and a half years.

If you do not meet the requirements on the 5 year route you may qualify for settlement after 10 years if you were given permission to stay on the basis of your family or private life in exceptional circumstances.

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

you have completed a period of 5 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 do not have 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

The Immigration Rules do not say that you must have been in the UK for the entire 5 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.

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 5 year qualifying period in the UK.