Introduction

The Family British Citizens Settled Persons visa route is an essential pathway for individuals seeking to settle in the UK with family members who are British citizens or settled persons. If you are a partner, parent, or child of a British citizen or someone with settled status, you may be eligible to apply for indefinite leave to remain (ILR) once you have fulfilled the necessary requirements. This article covers everything you need to know about the application process, eligibility, costs, and timelines associated with it.

Eligibility for the Family British Citizens Settled Persons Visa

Before applying for indefinite leave to remain under the Family British Citizens Settled Persons category, it is crucial to meet certain eligibility criteria. The primary conditions typically include:

• Duration of Stay in the UK: You must have lived in the UK for a specified period under a family visa. As a partner or parent, you must wait until you meet the minimum residence requirements before applying for ILR. Generally, this is 5 years, but it may vary depending on your specific circumstances.
• Family Relationship: You need to be the spouse, civil partner, unmarried partner, or child of a British citizen or a person who is considered a settled person (someone with indefinite leave to remain in the UK).
• Good Character: You must demonstrate good character, which generally means not having a serious criminal record or a history of immigration violations.
• English Language Proficiency: Applicants must meet specific English language requirements unless exempted due to age or health reasons.

When to Apply for the Family British Citizens Settled Persons Visa

You can submit your application for indefinite leave to remain once you are eligible. However, it is important to note that you cannot apply too early. For example, if you are applying as a parent or partner on a family visa, you may apply for ILR no earlier than 28 days before meeting the time requirements for residence in the UK.

Do Not Wait Until Your Visa Expires

If your current visa is about to expire, it is critical not to wait until the last moment to apply for ILR. If your visa expires before you can submit your application, you will be required to renew it before continuing with your indefinite leave to remain application. Failing to do so could negatively impact your status and the success of your application.

Fees and Processing Time for Family British Citizens Settled Persons Visa

Application Fees

The application fee for this visa is £2,885 per applicant. This fee applies to both adults and children included in the application. If you wish to include your children in the same application form, they must meet the eligibility criteria as well. The fee is non-refundable, so it is essential to ensure that you meet all the requirements before submitting your application.

Processing Time

The processing time for a Family British Citizens Settled Persons visa can vary. On average, you should expect a decision within 6 months from the date of application. It is advisable to submit your application well in advance of your visa’s expiry date to avoid any complications.

Common FAQs About the Family British Citizens Settled Persons Visa

1. Who is eligible for the Family British Citizens Settled Persons visa?

Individuals who are partners, parents, or children of British citizens or settled persons are eligible to apply. The applicant must meet the necessary residency and relationship requirements and demonstrate good character.

2. How long must I have lived in the UK before applying for indefinite leave to remain?

Generally, applicants must have lived in the UK for at least 5 years under a family visa before applying for indefinite leave to remain. However, this can vary depending on specific circumstances, such as whether the applicant is applying as a partner or a parent.

3. What is the cost of applying it?

The application fee for each person is £2,885. If you wish to include children in the application, they must also meet eligibility criteria and the same fee applies.

4. What happens if my visa expires before I can apply for indefinite leave to remain?

If your visa expires before you meet the eligibility requirements for indefinite leave to remain, you will need to renew your visa before proceeding with your application.

5. How long does it take to process a Family British Citizens Settled Persons visa?

The processing time is usually around 6 months, but it can vary depending on individual circumstances.

Conclusion

This visa offers a valuable opportunity for families to stay together in the UK. Whether you are applying as a parent, partner, or child, understanding the eligibility requirements, application fees, and timelines is crucial for a successful application. If you need assistance with your application, our team of experienced immigration solicitors in London and immigration solicitors in West London is ready to guide you through every step of the process.

Our firm of solicitors in London is regulated by the solicitors regulation authority (SRA).