Settlement rights

Settlement rights can be derived either by work route or by family route.


Settlement rights for former members of HM forces (Gurkhas)

Any Gurkha who has served in the British Army for at least four years can apply for permission to settle here with their dependants.

It must be shown that the Gurkha has served the British Army for at least 4 years prior to 1st July 1977.

However there are other requirements to be met, so contact us for further information.

Settlement rights based on domestic voilence

If a person has been granted with a probation period of 27 months of leave to enter or to remain as a spouse / civil partner / unmarried partner/ same sex partner / of a settled person / British person then the individual has to complete the probationary period to qualify for settlement rights in the UK.

However if it can be shown that the relationship broke down as a result of domestic violence then the individual will be eligible for settlement rights even before the expiration of the two years.

 However there are other requirements to be met, so contact us for further information.


Settlement rights of a Bereaved Spouse

If a person has been granted with a probation period of 27 months of leave to enter or to remain as a spouse / civil partner / unmarried partner/ same sex partner / of a settled person / British person then the individual has to complete the probationary period to qualify for settlement rights in the UK.

However if the settled or British partner / spouse dies before the expiration of probationary period then the partner or spouse with limited leave is not required to complete the probationary period to qualify for settlement rights in the UK.

However there are other requirements to be met, so contact us for further information.

Settlement rights of a retired person of independent means

On 27 November 2008, the ‘retired persons of independent means’ immigration category was closed to new entrants. You cannot now apply to enter the UK in this category.

However, if you are already having permission to stay in the UK as a retired person of independent means, you can apply to extend your stay up to the maximum period of five years in this category, or apply to settle here.

However there are other requirements to be met, so contact us for further information.


Settlement Rights of a sole representative of an overseas firm

Indefinite leave to remain may be granted, on application, to a representative of an overseas business provided the person has spent a continuous period of 5 years in the United Kingdom in this capacity.

However there are other requirements to be met, so contact us for further information.

Settlement Rights of family member of EU National

If your family members are not EEA or Swiss nationals and they are coming to live with you permanently or on a long-term basis, they will need to apply for an EEA family permit before coming to the UK.

After they have lived in the UK for a continuous period of five years, then they would qualify for confirmation of permanent residence.

However there are other requirements to be met, so contact us for further information.


Family reunion for asylum seekers

A person who flees to the United Kingdom to seek asylum can include his/her dependants in his/her application for asylum, if those dependants have travelled with him/her to the United Kingdom. However, the UK Border Agency recognises that families can become fragmented in cases of asylum, depending on the speed and manner in which the person has fled.

If the person is a recognised refugee or is benefiting from humanitarian protection in the United Kingdom, the family programme reunion allows him/her to be reunited with his/her family members (that is, those who were part of the family unit before he/she fled).

Under the Immigration Rules, only pre-existing families (the spouse, civil partner or unmarried/same-sex partner plus any children under 18 who formed part of the family unit at the time the sponsor fled to seek asylum) can apply to enter the United Kingdom under the family reunion programme. However, the UKBA may allow family reunion for other family members if there are compassionate reasons why their case should be considered outside the Immigration Rules.

However there are other requirements to be met, so contact us for further information.