07. What if I want to settle in the UK?

With some kinds of entry permit, you may be allowed to settle in the UK, as long as you meet certain conditions. If you want family members to join you here, they may have to live here for a certain length of time before they will have the right to live here permanently (see 'What if I want members of my family to settle here with me?').

There are time limits for people in other situations, too. You must be here for four years before you can settle permanently if you:

• have a work permit;  
• are self-employed or a businessperson;  
• are a retired person 'of independent means' (which means you can support yourself);  
• are 'permit-free' (which means you do a type of work which doesn't need a permit, including foreign correspondents, sole representatives of overseas companies, domestic servants and religious ministers);
• have been allowed to stay under the 'Highly Skilled Migrants Programme'; or
• are an investor or innovator.

This four-year limit also applies if you are the husband or wife or child of someone in one of the above situations.

If you want to apply to settle in the UK after you have arrived, you must apply to the Home Office shortly before you reach the end of the time you have been allowed. If you show that you still meet the rules for living here, your time limit should be lifted, and any other conditions that are part of your permission to be here (such as not being allowed to work) will also end. When this happens, you are given what is called 'indefinite leave to remain'.

Once you are settled in the UK in this way, you can travel abroad and stay away for up to two years without needing clearance to return. But if you are away for longer than this, you will have to apply for clearance.

What if I want members of my family to settle here with me?
British citizens and anyone who is settled in the UK can 'sponsor' close family members to come over to live here. These family members can include your:

• husband or wife;  
• unmarried partner (including a gay or lesbian partner);  
• fiancé or fiancée;  
• children (up to 18); and  
• parents or grandparents over 65.

Many of these people have a time limit on their stay to begin with. The only people who are allowed to settle straight away are:

• parents;  
• grandparents; and  
• children who arrive on their own.

Other people will be given a time limit of two years to stay, but can apply to stay permanently at the end of that time. This applies to:

• husbands and wives;
• children who arrive with a husband or wife; and  
• unmarried partners, and any children who come with them.

This time limit can sometimes cause problems for husbands, wives or partners if the relationship comes to an end before the period ends. However, if you have arrived for this reason, you should be allowed to stay if your UK partner has died, or you can prove to the Home Office that you were forced to leave them because they were violent.

If you are entering the country as a fiancé or fiancée, you will be allowed into the UK for six months. During that time you are expected to marry and apply again to the Home Office. You won't be allowed to work in the UK until you are married and the Home Office has given you permission to stay.

Children who want to join a single parent in the UK must meet extra conditions. These are meant to make sure that no other relative could care for them. However, if the children are given permission to come here, they will be allowed to settle straight away without waiting two years.

Parents or grandparents who are over 65 have to show that they depend on the child or grandchild in the UK who is sponsoring them to support them, and that they have no close relative to turn to in their own country.

Relatives not on this list who want to join someone in the UK (including parents under 65), must show that they are living alone in 'the most exceptional compassionate circumstances'. This is difficult to prove, and few people succeed with this sort of application.

Most of the relatives on the list can also apply in the UK after entering for some other reason. However, there are some things they would not normally be able to do. Some of these are listed below.

• You cannot 'switch' to staying as a fiancé or fiancée. You should be engaged before you enter the country, and you will need entry clearance for this purpose before you arrive, if you want to stay here after your marriage.
• You will not usually be allowed to stay as the husband or wife of a UK resident if you were married before you came, and you first entered the country as a visitor.  
• You may be allowed to stay here if you marry while you are here as a student, for example, but not if you came for a course of no more than six months, nor if you came as a visitor.  
• If you got married overseas and you did not arrive with entry clearance as a husband or wife, you will probably have to go back and apply from abroad. This may be quicker than applying to the Home Office in the UK.

If If you do not have permission to stay in the UK, marrying someone here will not usually give you any right to stay. You need to get specialist advice if you are in this position.

What happens if my application is turned down?
Your application to enter or to stay longer can be turned down if the officer dealing with it thinks:

• you don't meet one of the rules for the particular category of entry;  
• you don't meet one of the general reasons (for example, if you have a criminal record); or  
• you are thought to be a threat to national security.

If you are turned down, you can, in most cases, appeal against the decision (see 'How can I appeal if my application is turned down?').