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Seeking settlement

Seeking settlement

SKU: 6.42
  • Advice

    You may request to remain in the UK by seeking a settlement. There are fees attributable to settlement or extensions.


    Applying to settle in the UK (also known as ‘leave to remain’)

    To make this application, you must have been in the UK legally for 10 years (known as your ‘continuous residence’ – see below) and kept to the terms of your UK visa. The ten-year period starts when you arrive in the UK with your visa or when you were given permission to stay in the UK. If you’re aged 18 to 65 years old, you must also pass the Life in the UK Test and prove you have sufficient English language skills


    Continuous residence

    Continuous residence is time you’ve spent in the UK; however, you are allowed some time away from the UK and still meet the criteria, this is limited to 180 days in one duration or a total of 540 days over the ten years.


    Required documentation

    The documents that will be required to process your application will include a current passport (and all the passports you have held during your time in the UK), and your biometric residence permit (if you have one). If these are not in English then you will need to have them professionally translated.


    Biometric residence permit

    A biometric residence permit (BRP) can be used to confirm your identity, right to study or work in the UK and your right to any public services or benefits you’re entitled to. It would include required information such as your name, date and place of birth, fingerprints and a photo of your face (this is your biometric information). It also lists your immigration status and any conditions of your stay. If there is not a National Insurance number on your BRP (and you don’t already have one) then you will need to apply for one if you are planning to work, claim benefits, apply for a student loan or pay Class 3 voluntary National Insurance contributions


    Life in the UK Test

    You may need to take the test as part of your application for British citizenship or settlement in the UK, it is booked online and incurs a small charge. You can take the test at centres around the UK, you can check your nearest when you book the test. You will have 45 minutes to answer 24 questions about British traditions and customs, you must take proof of identification to show test centre staff upon arrival. You need a pass mark of 75%, if you fail you can rebook after 7 days, there is no maximum number of attempts you can make. To give you the best chance of success we suggest you study the official handbook for the Life in the UK Test.


    Proof of English Language Skills

    You can prove this by obtaining either an English qualification at B1, B2, C1 or C2 level or completing a degree taught or researched in English. You do not need to take the English Language skills test if you are over 65 or unable to because of among term physical or mental conditions. In addition, you are exempt if you are from a list of countries that speak English as their common language.


    Other exemptions

    You do not need to prove your knowledge of English if you’re applying as:

    • A victim of domestic violence as the partner or spouse of a British citizen or someone settled in the UK;
    • The partner or spouse of a person who has died who was either a British citizen or someone settled in the UK;
    • An adult-dependent relative between 18 and 64 of someone present and settled in the UK, is a refugee or has humanitarian protection;
    • A refugee living in the UK;
    • Someone living in the UK with discretionary leave or for humanitarian protection;
    • Someone who has permission to stay in the UK as a retired person of independent means a Commonwealth citizen on discharge from HM Forces, including Gurkhas; or
    • Someone in exceptional circumstances, for example as an orphan, widow or over-age dependant.


    How we can help

    To receive our assistance, you will need to create a case by clicking on the link at the top of this page, activated by the link at the top of the page, should you wish to start a case the caseworker will send you the suitable payment link. Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our legal team and to act as your point of contact.

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