Parent of a Child Student Visa

Parent of a Child Student Visa

The Parent of a Child Student Visa provides an opportunity for a parent to enter or remain in the United Kingdom in order to provide care for their child(ren) who is enrolled in an independent fee-paying school under a Child Student Visa.

Parent of a Child Student Visa

The Parent of a Child Student Visa provides an opportunity for a parent to enter or remain in the United Kingdom in order to provide care for their child(ren) who is enrolled in an independent fee-paying school under a Child Student Visa.

Parent of a Child Student Visa Requirements

To be eligible for a Parent of a Child Student visa, you must meet the following criteria, as outlined by UK Visas & Immigration:

  • You are aged 18 or over;
  • You are the parent of a child who has, or is at the same time applying for, entry clearance or permission to stay as a Child Student;
  • The Child Student’s other parent is not in the UK and is not seeking to come to the UK;
  • The Child Student is aged between 4 and 11 years old and has, or is at the same time applying for, entry clearance or permission to stay, as a Child Student;
  • You intend to live with the Child Student during your stay in the UK;
  • You have enough money to support yourself without relying on public funds;
  • You do not intend to make the UK your main home and have sufficient funds to maintain your main home outside the UK;

The specific requirements that must be met will vary based on your specific circumstances. For expert guidance, it may be beneficial to consult with an immigration attorney.

To discuss your Parent of a Child Student visa application with one of our immigration solicitors, contact our Parent of a Child Student visa solicitors on 01206500181 or complete our enquiry form below.

 

Parent of a Child Student Visa Financial Requirement

Subject to the exceptions stipulated below, you will be required to provide £1,560 for each month of your intended stay in the UK, with a maximum of 9 months. Additionally, you will be required to provide £625 for each month of your intended stay, with a maximum of 9 months, for any child other than the Child Student who will be under your care in the UK.

It is necessary to have maintained the funds for a minimum of 28 consecutive days, with the last day not exceeding 31 days prior to the date of your Parent of a Child Student Visa application.

You will be considered to meet the financial criteria for a Parent of a Child Student Visa if you have been in the UK with permission for more than 12 months and are applying for permission to remain. You will not be required to provide proof of funds.

You will meet the financial requirement if the Child Student meets the financial requirement applicable to their application, provided that you are applying for either entry clearance or leave to remain in circumstances where you have both lived in the UK for less than 12 months.

Transitioning to the Student Parent of a Child route

Assuming that you are currently in possession of legitimate leave to remain in the United Kingdom, you may apply to transition to the Parent of a Child Student route, provided that you do not currently have, or were not previously granted, permission to remain as a Visitor, Short-term Student, or outside the Immigration Rules.

Duration of Stay on a Parent of a Child Student Visa

Once your application for a Parent of a Child Student Visa is approved, you will be granted leave that will expire at the same time as the child student you are accompanying to provide care for, or on the child student's 12th birthday, whichever occurs first.

Can Both Parents Travel to the UK?

Even when multiple children are enrolled in school, only one parent is permitted to travel to the UK on a Parent of a Child Student Visa.

The other parent may be eligible to enter as a visitor for brief visits or would be required to submit an application under a distinct category of the Immigration Rules and regulations.

Working on a Parent of a Child Student Visa

Holders of a Parent of a Child Student Visa are prohibited from working in the United Kingdom.

Studying on a Parent of a Child Student Visa

Holders of a Parent of a Child Student Visa are not permitted to pursue their education in the United Kingdom.

Graduate Visa

Graduate Visa

The Graduate Visa enables international students who have successfully completed an eligible UK degree to remain in the country to pursue employment or job opportunities for a period of two years (three years for those who have been awarded doctorates) following the completion of their studies.

Graduate Visa

The Graduate Visa enables international students who have successfully completed an eligible UK degree to remain in the country to pursue employment or job opportunities for a period of two years (three years for those who have been awarded doctorates) following the completion of their studies.

The Graduate Visa does not directly result in settlement; however, graduates who pursue this route have the option to transition to other work-based pathways that may lead to settlement.

Requirements for Graduate Visas

To be eligible for a Graduate Visa, you must meet the requirements of UK Visas & Immigration.:

  • You have successfully completed a UK degree, or other eligible course.
  • You have studied at a Higher Education Provider which is a student sponsor with a track record of compliance.
  • You have held permission as a Student, which was granted to study the relevant qualification in the UK, for a minimum period of time.
  • You are applying from within the UK and have valid leave as a Student or Tier 4 Student at the date of application.
  • You have not previously held permission on the Doctorate Extension Scheme (DES), or the Graduate route.
  • You do not fall for refusal on grounds of suitability.

The specific requirements that must be met will vary based on your specific circumstances. For expert guidance, it may be beneficial to consult with an immigration attorney.

To discuss your Child Student Visa application with one of our immigration solicitors, contact our Student Visa solicitors on 01206500181 or complete our enquiry form below.

 

Courses That Qualify for a Graduate Visa

For the purpose of extending your stay on the Graduate Immigration Route, you must have successfully completed a degree at the bachelor's or postgraduate level in the United Kingdom, or a professional course that necessitates study at the bachelor's degree level or higher in a profession with reserved activities that is regulated by UK law or UK public authority.

In addition, you will be eligible to apply for a Graduate Visa if you have been sponsored to serve as a Student Union Sabbatical Officer after completing an eligible qualification in your most recent grant of permission to study. 

Minimum Student Permission Period for Graduate Visas

To be eligible for a UK Graduate Visa, you must have been granted permission to pursue the relevant qualification in the UK as a student for a minimum period of time.

The duration of the course will determine the minimum period for which you must have held permission as a student.

Student permission must have been maintained throughout the duration of a course that lasts 12 months or less in the United Kingdom.

You must have been granted permission to study in the UK for a minimum of 12 months on the Student route if your course lasted more than 12 months.

Sponsorship for Graduate Visas

The Graduate Visa Route is an unsponsored route, which means that applicants are not required to have a job offer or a Certificate of Sponsorship (CoS) in order to be eligible.

Employment Opportunities and Job Searching on the Graduate Visa Route

Graduates on the Graduate Visa Route are permitted to seek employment and, upon securing employment, to work in a flexible manner.

They are not required to meet any minimum salary requirement and are capable of assuming positions that require any level of expertise.

The ability to change employment is also available to successful applicants.

Duration of residence in the United Kingdom under the Graduate Immigration Route

Applicants who have successfully completed a bachelor's or master's degree on the Graduate Visa Route are permitted to remain in the United Kingdom for a period of two years.

Doctoral scholars are permitted to remain in the United Kingdom for a period of three years.

Extensions of Stay for Graduates

Permission to remain on the Graduate Immigration Route cannot be extended.

ILR or Graduate Visa Settlement

Settlement or indefinite leave to remain are not explicitly facilitated by the Graduate Visa. Nevertheless, upon transitioning to the Graduate Immigration Route, you will have the option to extend your stay by transitioning to other work-based routes, including the Global Talent, Innovator Founder, and Skilled Worker routes, all of which have the potential to result in settlement. Applicants will, of course, be required to meet the route's requirements.

Dependants

You will be able to extend the stay of your family members in the UK who are already granted permission to remain in the country as your dependents when you petition to enter the Graduate Visa Route.

This route does not allow for the addition of new dependents, with the exception of a dependent child delivered in the United Kingdom during a period of Student or Graduate leave.

The Graduate Immigration Route and COVID-19

Concessions were previously implemented by the Home Office for international students who were unable to travel to the UK as a result of the coronavirus pandemic. The conclusion of these Covid concessions was on June 30, 2022.

Applicants were not impeded from fulfilling the requirement to spend the relevant period studying in the UK if distance learning was conducted outside the UK between 24 January 2020 and 6 April 2022 as a consequence of Covid-19.

  • They commenced a 12-month course of study prior to June 21, 2021, and entered the United Kingdom with permission as a student on or before September 27, 2021; or
  • They commenced a 12-month course of study between June 21, 2021, and April 6, 2022, and entered the United Kingdom as students with permission on or before April 6, 2022.

The applicant's ability to fulfil the requirement to spend the relevant period studying in the UK was not impeded by any period of distance learning between 24 January 2020 and 6 April 2022 as part of a course of study lasting more than 12 months while they held permission as a student.

Graduating students whose Tier 4 or student leave expired prior to July 1, 2021

International students who have completed their undergraduate studies at a UK higher education institution and whose Tier 4 (General) Student leave or Student leave expired prior to July 1, 2021, will not be eligible for a Graduate Visa. Nevertheless, if you are classified in this category, you may be eligible to transition to another immigration route, including the Global Talent, Innovator Founder, or Skilled Worker routes.

Child Student Visa

Child Student Visa

The Child Student Visa route is intended for children between the ages of four and seventeen who aspire to attend an independent school in the United Kingdom that has been approved by the Home Office as a student sponsor.

Child Student Visa

The Child Student Visa route is intended for children between the ages of four and seventeen who aspire to attend an independent school in the United Kingdom that has been approved by the Home Office as a student sponsor.

If you are 18 years of age or older and intend to pursue a higher or further education course in the United Kingdom, you should instead register for a Student Visa. You may register as either a Child Student at an independent school or as a Student if you are 16 or 17 years old and wish to pursue a course at or above Level 3 of the Regulated Qualifications Framework.

Criteria for a Child Student Visa

To be eligible for a Child Student Visa, you must meet the following criteria as outlined by UK Visas and Immigration:

  • You are aged between 4 and 17;
  • You have been offered an unconditional place on an approved course of study at an independent school holding a valid student sponsor licence;
  • Suitable arrangements are in place for your care and reception within the UK;
  • You have enough money to support yourself and pay for your course without relying on public funds;
  • You have the consent of your parent(s) or legal guardian;

The specific requirements that must be met will vary based on your specific circumstances. For expert guidance, it may be beneficial to consult with an immigration attorney.

To discuss your Child Student Visa application with one of our immigration solicitors, contact our Student Visa solicitors on 01206500181or complete our enquiry form below.

Course Requirements for a Child Student Visa

Child student visa applicants may submit applications for visas to pursue any of the following courses:

  • A course taught in accordance with the National Curriculum; or
  • A course taught in accordance with the Recognised Qualification Framework (RQF), that is not a foundation course intended to prepare the Child Student for entry to a course provided by a higher education provider; or
  • A course that is accepted as being of equivalent academic status to the above courses by Ofsted (England), the Education and Training Inspectorate (Northern Ireland), Education Scotland (Scotland) or Estyn (Wales); or
  • A course provided in accordance with prevailing Independent School education inspection standards.

Confirmation of Acceptance for Studies (CAS)

Your education provider will provide you with a Confirmation of Acceptance for Studies (CAS) reference number once you have been accepted into an approved course of study at an independent school.

A student sponsor, which is an independent institution with a valid licence, must have issued the Confirmation of Acceptance for Studies. Within six months of receiving your CAS, you are required to submit an application for a Child Student visa.

The Confirmation of Acceptance for Studies must not have been utilised in a previous application that was either granted or denied, and the education institution must not have withdrawn its offer.

The CAS must also include specific information, such as the expense of accommodation, tuition fees, the course to be studied, and any payments that have been made.

Financial Requirement for a Child Student Visa

You will be required to demonstrate to UK Visas and Immigration that you possess sufficient cash funds to cover your course fees and provide for your own expenses while in the United Kingdom.

Course Fees

You will be required to demonstrate that you have the necessary funds to pay any outstanding course fees for one academic year, unless you are a member of one of the special categories listed below.

Living Costs

Unless you are eligible for one of the special categories listed below, you will be required to prove that you can afford to cover your living expenses in the United Kingdom.

The quantity required will be contingent upon your living arrangements:

  • Applicants must have paid the boarding expenses for one academic year at a residential independent school.
  • A close relative or term-time private foster carer who is British or possesses ILRs: In order to participate in the course, the guardian or relative must have a minimum of £570 in funds each month, with a maximum of nine months.
  • For applicants who reside with a parent or guardian who holds a Parent of a Child Student Visa, the applicant must have a minimum of £1,560 per month for each month of the course, up to a maximum of 9 months, and an additional £625 per child per month of the course, up to a maximum of 9 months, for any additional children accompanying the parent.
  • Applicants who are 16 or 17 years old and reside independently must possess either (a) £1,265 (or £1,334 from 1/12/2020) for each month of the course, up to a maximum of 9 months, if they are studying in London, or (b) £1,015 (or £1,023 from 1/12/2020) for each month of the course, up to a maximum of 9 months, if they are studying outside of London.

The money must have been held for a minimum of 28 consecutive days, with the last day not exceeding 31 days prior to the date of your Child Student Visa application.

Special Categories

Applicants belonging to the following categories will be automatically considered to have fulfilled the financial qualifications for the Child Student Visa:

  • Prior to the submission of their Child Student Visa application, applicants must have been in the United Kingdom with authorised leave for a minimum of 12 months.
  • The "differential evidence requirement" applies to applicants who are British nationals (Overseas) or from one of a list of specified countries or territories. Despite this, these applicants must still possess the necessary amount of funds, as UKVI reserves the right to request evidence of funds from them.

Rule of the Genuine Student

The criteria for a genuine learner must be met by students who are 16 or 17 years old. The Home Office will assess your immigration history, education history, course, desired location, reasons for studying in the UK, post-study plans, and personal and financial circumstances to ascertain whether you are a genuine student.

Switching into the Child Student route

If you are currently in the UK and have valid leave to remain, you may apply to transition to the Child Student route, provided that you do not presently have, or were not previously granted, permission to remain as a Visitor, Short-term Student, or outside the Immigration Rules. Additionally, you must not be under immigration bond.

Apply for a Child Student Visa

If you are submitting an application for a Child Student Visa from outside the UK, the deadline for submitting the application is six months prior to the commencement of your course.

When applying from within the United Kingdom, the earliest possible date for submitting an application for a Child Student Visa is three months prior to the commencement of your course. Your course must commence no later than 28 days following the expiration of your previous leave.

Child Student Visa Processing Times

If you are applying for a Child Student Visa from outside the UK, you should expect to receive a decision on your application within three weeks.

If you submit an application for permission to remain as a child student from within the United Kingdom, you should anticipate receiving a decision within eight weeks.

Travel to the UK on a Child Student Visa

You will be permitted to travel to the United Kingdom up to one month prior to the commencement of your course if your application for a Child Student Visa is approved. If there is less than one month until the course commences, this will be simplified to seven days.

Duration of Stay on a Child Student Visa

If you are under the age of 16, your Child Student Visa will permit you to remain in the United Kingdom for the duration of your course of study or six years, whichever is shorter.

If you are 16 or 17, your Child Student Visa will permit you to remain in the United Kingdom for the duration of your academic programme or three years, whichever is shorter.

Working on a Child Student Visa

During term time, a child student who is 16 years of age or older is permitted to labour for a maximum of 10 hours per week, and during vacations, they may work for any duration.

Extension of stay as a Child Student

You must be sponsored by an independent school and be aged between 4 and 17 years old in order to extend your stay in the UK under a Child Student Visa. An unconditional offer of a seat on a course with a licenced student sponsor is necessary; however, academic progress is not required.

Additionally, it is necessary to have sufficient funds to cover the cost of your course and your living expenses. The precise amount will be contingent upon your individual circumstances, as previously mentioned.

Settlement in the UK as a Child Student

Settlement is not attainable through the Child Student route.

Switching into the Student route

Holders of child student visas are eligible to transition to the student route.

Student Visa

Student Visa

The Student Visa category is open to individuals who are 16 years of age or older and who intend to pursue a higher or further education course in the United Kingdom.

Student Visa

The Student Visa category is open to individuals who are 16 years of age or older and who intend to pursue a higher or further education course in the United Kingdom.

If you are between the ages of 4 and 17 and are interested in attending an independent school in the United Kingdom, you should instead apply for a Child Student Visa.

Criteria for Obtaining a Student Visa in the United Kingdom

To be eligible for a UK student visa, you must prove to UK Visas and Immigration that:

  • You are 16 years of age or older.
  • An unconditional offer of enrolment in an approved course has been extended to you by a licenced student sponsor.
  • You possess the ability to read, write, speak, and comprehend English to a minimum of CEFR Level B2 (if you are pursuing a degree or higher) or CEFR Level B1 (if you are pursuing a degree or lower).
  • You have sufficient funds to cover the cost of your education and sustain yourself without the need for public assistance.
  • If you are 16 or 17 years old, you have the consent of your parent(s) or legal guardian.

Dependent upon your circumstances, the precise requirements that must be met will differ. An immigration solicitor may be beneficial in providing you with expert guidance.

To discuss your UK Student Visa application with one of our immigration solicitors, contact our Student Visa solicitors on 01206500181or complete our enquiry form below.

 

Course Requirements for a Student Visa to the United Kingdom

Student Visa applicants can apply for a visa to study the following courses:

  • A full-time course that leads to a qualification below degree level (RQF level 3, 4 or 5) with at least 15 hours per week of organised daytime study;
  • A full-time course that leads to a qualification that is at degree level or above (RQF level 6, 7 or 8);
  • A full-time course that is at degree level or above (RQF level 6,7 or 8), that is equivalent to a UK higher education course and is being delivered as part of a longer course overseas;
  • A part-time course leading to a qualification that is above degree level (RQF level 7 or above);
  • A recognised foundation programme for postgraduate doctors or dentists (if you have finished a recognised UK degree in medicine or dentistry, received that degree from a registered student sponsor and spent your final year and at least one other year of studies leading to that degree in the UK);
  • An English language course at level B2 or above in the Common European Framework of Reference for Languages.

Who is eligible to apply for a Student Visa?

You may also submit an application for a student visa if you are:

  • Applying to extend your stay under the Doctorate Extension Scheme (as long as you are presently in the United Kingdom on a student visa or a Tier 4 (General) Student visa and your course is leading to a PhD).
  • Accepting a full-time elected position as a Sabbatical Officer for the Student Union.

Requirements for the Place of Study for a Student Visa in the United Kingdom

All course-related study must be conducted on the premises of your student sponsor or a partner institution, unless you are participating in a pre-sessional course, a study abroad programme overseas, or a course-related work placement.

Confirmation of Acceptance for Studies (CAS)

Following the offer of an unconditional place on a course of study, your education provider will provide you with a CAS reference number. Upon obtaining your CAS, you are required to submit an application for a student visa within six months.

Additionally, the education institution must not have withdrawn its offer, and the Confirmation of Acceptance for Studies must not have been utilised in a previous application that was either granted or denied.

In addition, the CAS must include specific information regarding the course of study, the level of study, the location of the study, the expense of accommodation and fees (including any payments that have been made), and the manner in which the English language requirement has been satisfied.

Financial Requirements for a Student Visa to the United Kingdom

You will be required to demonstrate to UK Visas and Immigration that you possess sufficient cash funds to cover your course fees and provide for your own expenses while in the United Kingdom.

Course Fees

You will be required to have an adequate amount of currency on hand to cover any outstanding course fees for the duration of one academic year (up to nine months), unless you are a member of one of the special categories listed below.

If the duration of your course comprises a portion of a month, the time period will be rounded up to the nearest full month.

If you have paid all or a portion of your course fees to your student sponsor, this can be deducted from the funds necessary. This is contingent upon the confirmation of the payment on your Confirmation of Acceptance for Studies or the provision of a receipt issued by your student sponsor specifying the amount of fees paid.

If you have submitted a deposit to your student sponsor for housing, this deposit may be offset against the necessary funds, with a maximum of £1,265.

Living Costs

Unless you are a member of one of the special categories listed below, you will be required to have an adequate amount of currency to cover your living expenses in the United Kingdom.

For each month of your course, up to a maximum of nine months, you will require £1,265 (or £1,334 starting on 1/12/2020) if you will be studying in inner London. Up to a maximum of nine months, you will require £1,015 (or £1,023 from 1/12/2020) for each month of your course if you are studying elsewhere in the UK.

In order to be eligible for the Doctorate Extension Scheme, you must demonstrate that you have a total of £2,530 for a course in London or £2,030 for a course outside of London.

In either scenario, the funds must have been held for a minimum of 28 consecutive days, with the last day not exceeding 31 days prior to the date of your Student Visa application.

If you have dependents who are also applying, you may need to provide additional funds.

Special categories

The financial requirement for a Student Visa will be automatically considered satisfied by the following categories of applicants:

  • The applicant must have been in the United Kingdom with legitimate leave for a minimum of 12 months prior to the date of the student visa application.
  • Applicants who are submitting applications for the position of Student Union Sabbatical Officer.
  • Postgraduate doctors and dentists who are applying to a recognised foundation programme.
  • The "differential evidence requirement" applies to applicants who are British nationals (Overseas) or from one of a list of specified countries or territories. Despite this, these applicants must still possess the necessary amount of funds, as UKVI reserves the right to request evidence of funds from them.

English Language Requirement for a Student Visa in the United Kingdom

You must possess the ability to read, write, speak, and comprehend English at a minimum of CEFR Level B2 (if you are pursuing a degree or higher) or CEFR Level B1 (if you are pursuing a degree or lower).

Typically, it is necessary to successfully complete a Secure English Language Test (SELT) from an approved provider. Nevertheless, individuals who have completed a qualification equivalent to a UK degree taught in English in one of these countries are not obligated to demonstrate their English language proficiency, nor are nationals of certain predominant English-speaking country.

If you are a Canadian national, applying to study abroad in the UK as part of a university degree programme in the United States, or have previously demonstrated your proficiency in English in a visa application, you will not be required to provide evidence of your English proficiency.

Rule of the Genuine Student

The majority of student visa applicants undergo an interview with UK Visas and Immigration prior to being granted permission to enter the country.

You can anticipate inquiries regarding your immigration history, educational background, course, desired location, reasons for studying in the UK, post-graduate plans, and personal and financial circumstances.

Your application for a Student Visa may be denied if the Entry Clearance Officer is not convinced that you are a genuine student.

Switching into the Student route

If you currently have valid leave to remain in the UK, you may apply to transition to the Student route, provided that you do not have, or were not previously granted, permission to remain as a Visitor, Short-term Student, Parent of a Child Student, Seasonal Worker, Domestic Worker in a Private Household, or outside the Immigration Rules (unless leave outside the rules was granted intentionally for the purpose of locating a new student sponsor). It is also necessary that you are not currently on immigration bond.

Apply for a student visa in the United Kingdom.

If you are submitting a Student Visa application from outside the United Kingdom, the deadline for submitting your application is six months prior to the commencement of your course.

If you are submitting an application from within the United Kingdom, the earliest date at which you can register for a student visa is three months prior to the commencement of your course.

Your course must commence no later than 28 days following the expiration of your previous leave.

Processing Times for Student Visas

If you are applying for a UK student visa from outside the UK, you should expect to receive a decision on your application within three weeks.

If you submit an application for permission to remain as a student from within the United Kingdom, you should anticipate receiving a decision within eight weeks.

Travel to the United Kingdom on a Student Visa

If your Student Visa application is approved, you will be permitted to travel to the United Kingdom up to one week prior to the commencement of your course if it is scheduled to last six months or less, and up to one month prior to the commencement of your course if it is scheduled to last more than six months.

The duration of a student visa in the United Kingdom is as follows:

Typically, students who are 18 years of age or older and enrolled in a degree-level course will be permitted to remain in the United Kingdom for a maximum of five years.

In general, you will be permitted to remain in the United Kingdom on the Student route for a maximum of two years if your course is below the level of a degree.

Exceptions to the aforementioned norm exist, including architecture, medicine, dentistry, veterinary medicine and science, law, and certain music courses.

This calculation is based on the entire duration of your leave, rather than the duration of the course or the time you spent studying. In addition, any period of permission on the Student route that is extended under section 3C of the Immigration Act 1971 will be included in the period of permission granted.

The cap applies regardless of whether the student visa application is submitted within or outside the United Kingdom, and the time limit can be used to pursue a single course or multiple courses as a student migrant.

Employed on a Student Visa

When you are enrolled in a full-time course of study at the degree level or higher, you are eligible to work 20 hours per week during term time and full-time outside of term time.

If you are a student enrolled in a full-time course of study below the degree level, you are permitted to work for a maximum of 10 hours per week during term-time and full-time outdoors of term-time.

Working is prohibited for all students, including those who are part-time.

Dependent Family Members of Students

Courses that commence prior to January 1, 2024

The following students are eligible to bring a dependent companion and/or dependent child to the United Kingdom:

  • A full-time student on a postgraduate level course (RQF level 7 or above) that lasts 9 months or longer;
  • A new government-sponsored student on a course that lasts longer than 6 months;
  • A Doctorate Extension Scheme student.

For courses in London, partners and children must each have £845 per month (for a maximum of 9 months) of available funds, or £680 per month (for a maximum of 9 months) for courses outside of London.

In either scenario, the funds must be retained for a minimum of 28 consecutive days, with the end date not exceeding 31 days prior to the dependent visa application date.

No maintenance funds are required for partners and children who have been in the UK with a valid visa for at least 12 months or who are from a country specified under the "differential evidence requirement" where the main applicant is applying at the same time.

Courses commencing on or after January 1, 2024

The UK no longer allows international students to bring dependents with them if their course commences on or after January 1, 2024.

International students who are pursuing a PhD, other doctoral qualification, or a research-based higher degree (as defined in the Immigration Rules) are able to bring their dependents to the UK even after January 1, 2024. This exception is granted.

The remain of student dependents who are currently in the United Kingdom may be extended.

Extension of Stay as a Student

The student route may allow you to extend your stay in the UK if you are currently in the country with leave as a student or Tier 4 (General) Student. Your dependents may be eligible to extend at the same time.

You must possess an unconditional offer of enrolment in a course from a licenced student sponsor and, with the exception of a few exceptions, demonstrate that the studies you intend to pursue are at a higher academic level than your current course.

You will also be required to demonstrate that you have sufficient funds to sustain yourself in the UK if you have been in the country with a valid visa for less than 12 months.

Immigration to the United Kingdom as a student

The route to settlement is not the student route. Nevertheless, student visa holders may be eligible to extend their stay through alternative immigration pathways, which may result in settlement rights.

Transitioning from a Student Visa to Work Routes

Students enrolled in degree-level courses or higher may submit an application to transition to a sponsored work route prior to the completion of their course, provided that their employment commences on or after the completion of their course.

After 24 months of study, individuals who are pursuing a PhD are permitted to transition to a work-related path.

Returning Resident Visa

Returning Resident Visa

If you were previously granted indefinite permission to enter or remain in the United Kingdom (settlement) and this permission has since expired, you may be eligible to return to the country to establish a permanent residence based on a Returning Resident Visa.

Returning Resident Visa

If you were previously granted indefinite permission to enter or remain in the United Kingdom (settlement) and this permission has since expired, you may be eligible to return to the country to establish a permanent residence based on a Returning Resident Visa.

An application for a Returning Resident Visa must be submitted from a location outside of the United Kingdom.

Entry clearance for settlement in the United Kingdom will be granted to you upon the successful completion of your application for a Returning Resident Visa.

Visa Requirements for Returning Residents Visa

In order to be admitted to the United Kingdom for settlement as a Returning Resident, you must meet the following criteria:

  • You are currently located outside of the United Kingdom.
  • You were previously awarded settlement in the United Kingdom.
  • As a result of your absence from the United Kingdom, your previous settlement in the country has expired.
  • You legitimately intend to return to the United Kingdom for the purpose of settling;
  • Throughout your absence from the UK, you have kept up vigorous efforts to visit the United Kingdom.
  • The cost of departing the UK was not covered by public funds, unless you applied under the Windrush Scheme.
  • The general grounds for refusal do not apply to your application.
  • If necessary, you possess a genuine tuberculosis certificate.
  • A legal guardian, one parent (if that parent has sole legal responsibility for you), or both parents must provide written consent if you are under the age of 18.

The specific requirements that must be met in order to qualify for a Returning Resident visa may differ based on your personal circumstances. For expert guidance, it may be beneficial to consult with an immigration attorney. 

To discuss your Returning Resident Visa application with one of our immigration solicitors, contact our Returning Resident visa solicitors on 01206500181 or complete our enquiry form below.

 

What is the expiration date of indefinite leave to remain or settlement in the United Kingdom?

If you were granted indefinite leave to remain but were subsequently absent from the United Kingdom for an extended period, your indefinite leave to remain will have expired automatically as a result of the operation of law.

  • For a period exceeding two years under the Immigration (Leave to Enter and Remain) Order 2000; or
  • If you have previously settled in the UK under the EU Settlement Scheme, the period of time is greater than five years; or
  • If you were previously settled in the UK under the EUSS as a Swiss national or a family member of a Swiss national for a period exceeding 4 years.

Does it require a Returning Resident to have had indefinite leave to enter or remain in the UK when they last left?

An applicant is not required to have indefinite leave to enter or remain in the United Kingdom when they last departed the country. Consequently, it is still feasible to submit an application for a Returning Resident visa, even if you have visited the United Kingdom since your leave expired.

How can I prove that I have maintained significant connections to the United Kingdom?

In evaluating your Returning Resident visa application, the Home Office will take into account the following factors to determine whether you have maintained significant ties to the UK during your absence:

  • Your family ties in the UK;
  • Your property and business ties in the UK;
  • The length of your original residence in the UK;
  • The length of time you have spent outside of the UK;
  • Your reasons for leaving and wishing to return to the UK; and 
  • Any other circumstances.

Home Office guidance also recognises that "other compelling or compassionate circumstances" may exist and ensures that each application is evaluated on its own merits..

It may be beneficial to consult with a legal professional when determining the evidence to be used and the most effective way to present it, as the assessment is discretionary and the factors are numerous.

Is it permissible for a dependent to accompany or join a returning resident?

On this route, returning residents are not permitted to automatically transport or be joined by a partner or children. Each member of the family must meet the criteria for either a Returning Resident or in a different capacity.

Consequently, it will be necessary to evaluate the potential applications that a partner or offspring may be able to submit. You may wish to consult with a legal professional regarding this matter.

What happens if my application for a Returning Resident Visa is denied?

In the event that your application for a Returning Resident visa is denied, there is no right of appeal. However, the decision may be subject to challenge using an Administrative Review application.

What happens if I am unable to meet the criteria for a Returning Resident Visa?

In the event that you cannot meet the requirements to enter the UK as a Returning Resident, but you have previously spent a continuous period of 10 years lawfully in the UK, you may be able to enter on another basis and then submit a Long Residence application.

Long Residence ILR

Long Residence ILR

Individuals who have resided in the United Kingdom continuously and lawfully for a period of 10 years or more are eligible for the Long Residence route. The Long Residence route results in the granting of indefinite leave to reside in the United Kingdom.

Long Residence ILR

Individuals who have resided in the United Kingdom continuously and lawfully for a period of 10 years or more are eligible for the Long Residence route. The Long Residence route results in the granting of indefinite leave to reside in the United Kingdom.

The 10-year qualifying period for settlement on the Long Residence route can be credited to time spent in the majority of immigration routes.

Dependent partners and children are not inherently eligible for ILR at the same time as the primary applicant; however, they may submit separate applications.

ILR Requirements Based on 10 Years of Long-Term Residence

To be eligible for indefinite leave to remain based on a 10-year period of residence, you must satisfy the following criteria as outlined by UK Visas and Immigration:

  • On the date of the application, you are located in the United Kingdom.
  • You have resided in the United Kingdom lawfully for a minimum of 10 years, during which time you have:
    • In addition to your status as a visitor, you were granted permission to remain.
    • Seasonal Worker or Short-Term Student (English Language); or
    • You were exempt from immigration control; or
    • Prior to 31 December 2020, you were in the United Kingdom as an EEA national or a family member of an EEA national, exercising your right to free movement. This status continues until 30 June 2021 or the final determination of an application under Appendix EU submitted by that date.
  • In the event that your current permission was granted on or after 11 April 2024, you have either been exempt from immigration control in the 12 months immediately preceding the date of application or have had permission on your current immigration route for a minimum of 12 months at the time of application.
  • You have resided in the United Kingdom for a continuous period of ten years without interruption.
  • You are capable of exhibiting English language proficiency at the CEFR Level B1 level, unless an exemption is granted.
  • You have successfully completed the Life in the UK test, unless an exemption is granted.
  • You are not in the UK in violation of immigration laws or on immigration bail.
  • Your application does not qualify for rejection under the general grounds for refusal.

The specific requirements that must be met will vary based on your specific circumstances. For expert guidance, it may be beneficial to consult with an immigration attorney.

To discuss your 10 Year Long Residence ILR application with one of our immigration solicitors, contact our Long Residence Settlement solicitors on 01206500181or complete our enquiry form below.

 

Qualifying Period Requirement for Settlement on the Long Residence Route

To be eligible for ILR under the Long Residence route, you must demonstrate to the Home Office that you have resided in the United Kingdom lawfully for a minimum of 10 years.

During the 10-year qualifying period, you must either:

  • Possessed valid immigration authorization (excluding authorization as a Visitor, Short-term Student (English language), or Seasonal Worker); or
  • Have been exempted from immigration control; or
  • The individual must have been in the United Kingdom as an EEA national or a family member of an EEA national, exercising their right to free movement, prior to December 31, 2020 (and until June 30, 2021, or the final determination of an application under Appendix EU made by that date).

This period of time will not be counted towards the qualifying period of 10 years lawfully in the UK for Long Residence if you have previously overstayed your immigration permission or spent time on immigration parole during the 10-year period.

Requirements for Current Immigration Permission for a 10-Year Long-Term Residence ILR

In order to qualify for settlement on the Long Residence route, your current immigration permission must have been granted on or after 11 April 2024 and must have been held for a minimum of 12 months. The sole exception is if you have been exempt from immigration control within the 12-month period immediate prior to your application.

The requirement for applicants to have held their current immigration permission for a minimum of 12 months has the consequence that Short-term Students, Visitors, and any other individual who has leave to enter or remain in the UK for less than 12 months is ineligible for Long Residence ILR.

In order to qualify for indefinite leave to remain on grounds of long residence, you may need to postpone your 10 Year Long Residence ILR application beyond the 10th anniversary of your entry to the UK if you apply after 11 April 2024, are on a longer-term route, and have not secured your current immigration permission for a minimum of 12 months.

Indefinite Leave to Remain on the Long Residence Route: Continuous Residence Requirement

In order to satisfy the continuous residence requirement for a 10 Year Long Residence ILR application you will need to have spent the qualifying 10 year period continuously resident in the UK.

Absences from the UK

Continuous residence may be disrupted by prolonged absences from the United Kingdom. To ascertain whether your absences from the UK will disrupt your period of continuous residence, you will need to create a comprehensive travel schedule that outlines all of your absences from the UK during your 10-year qualifying period, which typically concludes on the proposed date of application.

For any absences that started before 11 April 2024!

If an absence commenced prior to April 11, 2024, you are prohibited from having been absent from the United Kingdom for a total of 184 days (6 months) on a single occasion (without a permissible reason).

For any absences that started after 11 April 2024!

You are required to have been outside the United Kingdom for no more than 180 days in any rolling 12-month period (without permitted reason) if an absence began after April 11, 2024.

An applicant was required to have spent no more than 548 days (18 months) outside the UK in total during the 10-year qualifying period under a previous iteration of the 10 Year Long Residence ILR rules. This requirement is no longer applicable to applications in which the qualifying period concludes after April 11, 2024.

The 10 Year Long Residence ILR continuous residence requirement does not consider time spent in the Channel Islands / Isle of Man as time spent in the UK.

Excess absences are permissible for personal reasons, including but not limited to travel disruptions caused by a natural disaster, military conflict, or pandemic (including Covid-19) or compelling and compassionate personal circumstances, such as the applicant's life-threatening illness or the life-threatening illness or death of a close family member.

In the event that any of your excess absences were attributable to these reasons, the Home Office may be persuaded to disregard them when evaluating your continuous residence period in the UK. On this basis, our immigration solicitors can provide guidance on the advantages of submitting a 10-year long-term residence ILR application.

The Current and Former Status of International Students

In the past, international students (or former students) who would have been unable to qualify for ILR on the 10 Year Long Residence route due to spending more than 548 days (18 months) outside the UK during the 10 year qualifying period may now benefit from the more lenient absence provisions that are in effect.

The majority of international students would have spent more than 18 months outside the UK during school and university holidays in the past, which would have disrupted their continuous residence.

The 548-day rule, however, is no longer applicable to applications in which the qualifying 10-year period concludes after April 11, 2024.

This affords international students (or former students) the opportunity to fulfil the continuous residence requirement for a 10-year long residence ILR application, even if they have travelled outside the UK between academic terms.

Additional Factors That Violate the 10-Year Continuous Residence Period

The continuous residence period of the 10 Year Long Residence ILR will be terminated if you have been convicted of an offence and sentenced to a period of imprisonment (unless it is a suspended sentence), directed to be detained, are subject to a deportation order or removal directions, or do not have, or did not have, immigration permission.

Applications for a 10-year long residence ILR based on historical residence

In the past, it was feasible to qualify for indefinite leave to remain or settlement in the United Kingdom by demonstrating a 10 year history of continuous lawful residence in the country under a previous version of the Immigration Rules.

The continuous residence period is determined by counting back from the date of application, any date up to 28 days after the date of application, or the date of decision, whichever is most advantageous to the applicant, under the Long Residence Immigration Rules that are currently valid.

This implies that an applicant is no longer able to rely on a historical 10-year qualifying period.

The continuous residence requirement for a 10-year extended residence ILR application can be intricate to satisfy. You may wish to seek the guidance of one of our immigration solicitors.

Incapable of satisfying the Continuous and Lawful Residence Requirement for a 10-Year Long Residence ILR?

You may be eligible for leave to remain on human rights (private life) grounds if you have resided in the UK for an extended period of time but are unable to produce evidence of continuous and lawful residence for a period of 10 years. We suggest that you consult with an immigration attorney to obtain professional guidance.

Life in the United Kingdom and the English Language Requirement

You must have passed the Life in the UK test and have demonstrated English language proficiency at CEFR Level B1 in order to qualify for indefinite leave to remain on the 10 Year Long Residence route, unless an exemption applies. The English language requirement can be satisfied by utilising an approved English language test, as well as GCSE's and A'Levels.

ILR Application Fee for a 10-Year Residence

Currently, the Home Office charges a fee of £2,885 for a 10-year long residence ILR application. Use of the Super Priority Service will incur additional charges.

Processing and Decision Waiting Times for a 10-Year Residence ILR

The current processing period for a 10-year Long Residence ILR application by the Home Office is six months.

There is no 5-day Priority Service for 10-year Long Residence ILR applications. However, if you submit your application through the Super Priority Service, you should receive a decision on your Long Residence application by the end of the following business day.

Long-Term Residence ILR Duration

You will be exempt from any immigration time restrictions once you have been granted indefinite leave to remain on the basis of extended residence.

No, your indefinite leave to remain will not be forfeited unless you commit a substantial criminal offence or are absent from the UK for a period exceeding two years.

Long Residence Application Right of Appeal

A long-term residence application is considered a human rights claim and will result in a right of appeal to the First-tier Tribunal if it is denied.

Work Related Settement in UK

Work Related Settlement in UK

The UK offers several routes to settlement by working in the UK.  Work related settlement routes include the Skilled Worker visa, the Innovator visa, the Sole Representative of an Overseas Business category and the UK Ancestry visa.

Work Related Settlement in UK

The UK offers several routes to settlement by working in the UK.  Work related settlement routes include the Skilled Worker visa, the Innovator visa, the Sole Representative of an Overseas Business category and the UK Ancestry visa.

What are the main eligibility requirements for work related settlement?

In order to be eligible for indefinite leave to remain, you must demonstrate to UK Visas and Immigration that you meet the requirements, regardless of the category you apply under.

  • You have resided in the UK for a consecutive period of 5 years in a lawful manner under a permitted category.
  • You must not have been away from the UK for more than 180 days in any consecutive 12-month period prior to the application date.
  • You possess an ample understanding of the English language (unless there is an exemption that applies);
  • You have successfully completed and achieved a passing score on the Life in the UK test, unless you are exempted from taking it.

What else do I need to know about work related settlement?

If you meet the requirements for settlement or indefinite leave to remain, you will be permitted to reside in the UK without any limitations on the duration of your stay.

If you are away from the UK for a period exceeding 2 years, your settled status will expire. If your Indefinite Leave to Remain (ILR) has expired, you may want to contemplate applying for a Returning Resident visa to be able to come back to the United Kingdom.

Attaining permanent resident status is crucial for eligibility for a British passport, as becoming a British Citizen through Naturalisation necessitates that the individual is established in the UK.

If you are under 18 or at least 65 years old, you are exempt from fulfilling the English language requirement or passing the Life in the UK test.

The Home Office also possesses the authority to exempt you from the obligation if it would be impractical to anticipate you to meet such obligation due to a mental or physical condition. Additionally, there are several other exemptions that are applicable.

If you are currently residing in the UK but are unable to meet the English language requirement, you may have the option to extend your stay permit in order to demonstrate your proficiency in English.

Settlement For Partners and Family Members

Settlement For Partners and Family Members

The United Kingdom provides many pathways for partners and family members of British citizens and individuals who have resided in the UK to get permanent residency. These routes include the Spouse or Civil Partner, Unmarried Partner, Adult Dependent Relative, and Child immigration routes.

Settlement For Partners and Family Members

The United Kingdom provides many pathways for partners and family members of British citizens and individuals who have resided in the UK to get permanent residency. These routes include the Spouse or Civil Partner, Unmarried Partner, Adult Dependent Relative, and Child immigration routes.

What are the main eligibility requirements for Settlement for Partners and Family Members?

In order to be eligible for indefinite leave to remain as a Spouse, Civil Partner, or Unmarried Partner, it is necessary to have been in the UK for a period of 5 years (equivalent to 60 months) as the partner of either a British citizen or a settled individual. In addition, it is necessary for you to meet the stringent financial criteria outlined in Appendix FM of the Immigration Rules.

Unless there is an exemption, you must also fulfil the more stringent English Language criterion for settlement applications and have successfully completed the Life in the UK test.

In order to apply for indefinite leave to enter or remain as an Adult Dependent Relative or Child, it is necessary to prove that you will be sufficiently supported, housed, and taken care of without relying on government assistance. There is no mandatory English language requirement and passing the Life in the UK test is not a prerequisite.

Each family-related settlement category has its own specific eligibility conditions, which are outlined here.

What else do I need to know about Settlement for Partners and Family Members?

If you meet the requirements for settlement or indefinite leave to remain, you will be granted permission to reside in the UK without any limitations on the duration of your stay.

If you are away from the UK for a period exceeding 2 years, your settled status will expire. If your Indefinite Leave to Remain (ILR) has expired, you might want to contemplate applying for a Returning Resident visa to be able to come back to the United Kingdom.

Attaining permanent resident status is crucial for meeting the eligibility criteria for obtaining a British passport, as the process of becoming a British citizen through naturalisation necessitates that the applicant is already established in the UK.

If you are under 18 or over 65 years old, you are exempt from the English language requirement and the Life in the UK test. The Home Office also possesses the authority to exclude individuals from the requirement if it would be impractical to expect them to fulfil that obligation owing to a mental or physical ailment. Additionally, there are several other exemptions that are applicable.

Settlement- Indefinite Leave to Remain

Settlement By Investment

The UK offers two routes to settlement by investment in the UK, under the Tier 1 Investor and Tier 1 Entrepreneur categories of the points-based system.

Settlement By Investment

What are the main eligibility requirements for Settlement by Investment?

In order to be eligible for indefinite leave to remain, you must demonstrate to UK Visas and Immigration that you meet the requirements, regardless of the category you apply under.

  • You have resided lawfully in the UK for a consecutive amount of time in an approved category (often 5 years, unless you are asking for rapid settlement).
  • You have not exceeded a total absence of 180 days in any consecutive 12-month period prior to the application date while being in the UK.
  • You possess an ample understanding of the English language, unless you are 65 years old or older.
  • You have successfully completed and achieved a passing score on the Life in the UK test, unless you are 65 years of age or older.

The investment-related settlement categories each have their own specific eligibility conditions, which are outlined below.

What else do I need to know about Settlement by Investment?

If you meet the requirements for settlement through investment or indefinite leave to remain, you will have the privilege of residing in the UK without any limitations on the duration of your stay.

If you are away from the UK for more than 2 years, your settled status will expire. If your Indefinite Leave to Remain (ILR) has expired, you might want to contemplate applying for a Returning Resident visa to be able to come back to the United Kingdom.

Obtaining permanent resident status is essential for becoming eligible for a British passport, as the process of becoming a British citizen through naturalisation requires the applicant to be permanently settled in the UK.

If you are 65 years of age or older, you are exempt from fulfilling the English language requirement or passing the Life in the UK test.

The Home Office also possesses the authority to exempt individuals from the requirement if it would be impractical to anticipate them to fulfil such obligation owing to a mental or physical ailment. Additionally, there are several other exemptions that are applicable.

If you are currently in the United Kingdom but are unable to meet the English language requirement, you may have the option to extend your stay in order to demonstrate your proficiency in English.

Bereaved Partner Visa

Bereaved Partner Visa

The Bereaved Partner Visa path provides settlement to individuals who were previously given authorization as a spouse, civil partner, or unmarried partner, and whose partner has passed away. The Bereaved Partner pathway results in the awarding of indefinite leave to remain in the United Kingdom. Children who rely on a partner who has passed away can also seek Indefinite Leave to Remain (ILR) through this pathway.

Bereaved Partner Visa

The Bereaved Partner Visa path provides settlement to individuals who were previously given authorization as a spouse, civil partner, or unmarried partner, and whose partner has passed away. The Bereaved Partner pathway results in the awarding of indefinite leave to remain in the United Kingdom. Children who rely on a partner who has passed away can also seek Indefinite Leave to Remain (ILR) through this pathway.

Requirements for Indefinite Leave to Remain as a Bereaved Partner 

In order to qualify for settlement on the Bereaved Partner route, you will need to satisfy UK Visas and Immigration that you meet the following requirements:

  • You are in the UK (unless you were last granted permission as a partner under Appendix Armed Forces);
  • Your partner at the time of your last grant of permission as a partner has died;
  • Before your partner died, you were granted a family visa as their partner (but not as their fiancé, fiancée or proposed civil partner);
  • You and your partner were in a genuine and subsisting relationship immediately before your partner’s death;
  • Your application does not fall for refusal under the general grounds for refusal;
  • If applying from outside the UK (i.e. because your partner who died served as a member of HM Forces), you have provided a valid TB certificate, if required.

The exact requirements you will need to satisfy in order to qualify for a UK Bereaved Partner Settlement Visa may vary depending on your personal circumstances.  You may want to speak to an immigration lawyer for expert advice. 

To discuss your Bereaved Partner Visa application with one of our immigration solicitors, contact our UK Bereaved Partner ILR solicitors on 01206500181or complete our enquiry form below.

 

Bereaved Partner Visa Immigration Status Requirements

In order to qualify for a Bereaved Partner Settlement Visa, your partner must, at the time of their death, have either:

  • Been a British citizen;
  • Had indefinite leave to remain in the UK; or
  • Been from the EU, Switzerland, Norway, Iceland or Liechtenstein and have held pre-settled status;

Your permission to be in the UK must be, or have last been, based on you being their partner holding one of the following types of family visas: 

  • A spouse visa (husband or wife);
  • A civil partner visa; 
  • An unmarried partner visa;

If you hold, or last held, permission as a fiancé(e) or proposed civil partner then you will not qualify for indefinite leave to remain as a Bereaved Partner.  

The Bereaved Partner route is not available to those who are in the UK under the points based system or as an EEA national.  Different rules and regulations apply in these circumstances.  

Timing of a Bereaved Partner ILR Application

As a Bereaved Partner, you have the option to apply for Indefinite Leave to Remain (ILR) at any time following the death of your partner. There is no requirement to delay until your present visa reaches its expiration date. Similarly, there is no prerequisite for an individual applying for Indefinite Leave to Remain (ILR) as a Bereaved Partner to possess valid immigration status at the time of their application. An application for Indefinite Leave to Remain (ILR) as a Bereaved Partner can be submitted at any point following the death of a partner.

It is crucial to promptly submit an application for indefinite leave to remain as a Bereaved Partner. The reason for this is that if the connection on which your immigration status is based ceases to exist, there is a possibility that the Home Office may revoke any existing permission to stay that you have.

Evidence Required for a Bereaved Partner ILR application

Partner Is Deceased

You must provide evidence to substantiate the demise of your significant other. Submission of a death certificate is required.

Genuine and Subsisting Relationship

Furthermore, when seeking indefinite permission to remain as a Bereaved spouse, it is necessary to provide evidence that your relationship was authentic and ongoing immediately before to the death of your spouse.

Assessments on the authenticity and continuation of a relationship are determined on a case-by-case basis, considering all available evidence and particular circumstances.

The Home Office takes into account various factors while assessing the authenticity and stability of your relationship, such as:

  • Whether you and your partner were in a current, long-term relationship; 
  • Whether you and your partner were living together;
  • Whether you and your partner had children together (biological, adopted or step-children) and shared responsibility for them; 
  • Whether you and your partner had shared financial responsibilities;
  • Whether you and your partner had visited the other’s home country and family;
  • Whether you and your partner had made definite plans concerning the practicalities of living together in the UK;

The Home Office will want substantial proof of frequent communication, displays of affection and companionship, emotional assistance, and a strong concern for each other's welfare and well-being.

Aside from a marriage or civil partnership certificate (unless you were in an unmarried partnership), the Home Office will require proof of cohabitation. It is preferable for documents to be in both your name and the name of your dead partner. Alternatively, you can depend on documents that are specifically sent to both individuals residing at the same address. Documents must have a recent date and come from various sources. While official documents are the preferable form of proof, alternative documents that demonstrate cohabitation can be filed if official documents are not available.

If you and your partner have recently started living together, it is also feasible to present informal proof of a connection.

As previously stated, the Home Office will require substantial evidence of a legitimate and ongoing relationship. If there are valid reasons to question the authenticity or existence of your connection, your application for a Bereaved Partner Visa will be denied.

Our immigration solicitors frequently provide guidance to Bereaved Partner settlement visa applicants regarding the specific documentary evidence that the Home Office requires to confirm the authenticity of their relationship, which should be founded on genuine affection and shared values, and that it was still ongoing at the time of the partner's demise. We do not depend on pre-made lists of documents and always provide guidance to our customers based on their individual circumstances, advising them solely on the necessary documents to demonstrate a legitimate and ongoing relationship.

Intention to Live Together Permanently in the UK

In order to meet the requirements of the Home Office, you must provide evidence that you and your partner were cohabiting in the UK and had the intention to establish a permanent residence together in the UK. Documentation should commence from the moment you obtained your authorization to reside in the United Kingdom as a partner.

The Home Office requires that any time spent outside the UK should be limited, with valid justification and in line with the aim to permanently reside together in the UK. Valid justifications may encompass periods of time spent abroad for professional purposes, vacations, educational pursuits, or training endeavours.

If you or your partner have spent most of your time abroad, and you apply for indefinite leave to remain as a Bereaved Partner, the Home Office may question your commitment to permanently living together in the UK. The Home Office will evaluate the purpose of travel, duration of absence, and whether you and your partner travelled and resided together throughout the period spent outside the UK. 

Life in the UK and English Language 

Unlike other ILR applications, passing the Life in the UK test or demonstrating English language proficiency is not required to be eligible for ILR as a Bereaved Partner.

Applying for Bereaved Partner ILR From Outside the UK

The sole condition under which it is feasible to seek settlement as a Bereaved Partner from a location outside the United Kingdom is if you were previously authorised as a partner under Appendix Armed Forces.

To be eligible for a Bereaved Partner Settlement Visa from outside the UK, your partner must have met one of the following conditions at the time of their death:

  • Been a British citizen;
  • A foreign and commonwealth citizen who was a serving member of HM forces; or
  • A member of HM Armed forces who had applied for, and would have been granted if they had not died, or had been granted, permission to stay or settlement as a foreign and commonwealth citizen discharged from HM Armed Forces;

Your permission to be in the UK must be, or have last been, based on you being their partner holding one of the following types of family visas: 

  • A spouse visa (husband or wife) under Appendix Armed Forces;
  • A civil partner visa under Appendix Armed Forces; 
  • An unmarried partner visa under Appendix Armed Forces;

If you hold, or last held, permission as a fiancé(e) or proposed civil partner under Appendix Armed Forces then you will not qualify for indefinite leave to remain as a Bereaved Partner.  

Requirements for ILR as a Dependent Child of a Bereaved Partner

Your child / children may qualify for ILR as a Dependent Child of a Bereaved Partner if the following requirements are met:  

  • They have permission to be in the UK based on being your partner’s dependant;
  • They were under 18 when this permission was given;
  • They will live with you in the UK;
  • They will have somewhere to live and be financially supported without using public funds;
  • They are not married or in a civil partnership.

If your child is over 18 at the date of application then they will need to pass the Life in the UK test and demonstrate English language proficiency to at least CEFR Level B1 (speaking and listening).

Bereaved Partner Visa Application Fee

The current charge for a Bereaved Partner settlement visa application submitted from within or outside the UK is £2,885, as stipulated by the Home Office.

If multiple dependent children apply simultaneously, each child will be required to pay an individual application fee.

Bereaved Partner Visa Processing & Decision Processing times Applications for Indefinite Leave to Remain (ILR) for bereaved partners are normally resolved within a period of 6 months.

Duration of a Bereaved Partner Visa

If your application for a Bereaved Partner Visa is approved, you will be given indefinite permission to stay (sometimes referred to as settlement) in the UK.

Your indefinite leave to remain status will be revoked only if you remain outside the UK for a period exceeding 2 years at any given moment.

If you have held Indefinite Leave to Remain (ILR) as a Bereaved Partner for 12 months, you may meet the requirements to apply for Naturalisation as a British Citizen. To become a British citizen by naturalisation, you must fulfil specific legal requirements related to your duration of stay in the UK, future plans, proficiency in English language and understanding of life in the UK, as well as having a decent character.

Working in the UK on a Bereaved Partner Visa

Visa holders who have lost their partner have the whole entitlement to engage in employment within the United Kingdom.