The UK government has outlined three separate pathways for parents holding a family visa to apply for indefinite leave to remain (ILR). Each route is shaped by the parent's duration of stay and the circumstances of their child. The official guidance, published on the UK government's website, specifies that a parent's child must be living in the UK and must either already hold settled status as a British citizen or a person with ILR, or must be applying for ILR at the same time as the parent.
The first route is the five-year route, which requires the parent to have lived continuously in the UK on a family visa specifically as a parent for a minimum of five years. Parents taking this path must demonstrate that they can financially support themselves and any dependants without drawing on public funds. Time spent on other visas, such as a fiancé or proposed civil partner visa, does not count towards the five-year requirement.
The second route is the ten-year route, open to parents who have accumulated ten continuous years of residence in the UK. This pathway carries no financial requirements, and time spent on other qualifying visas may be included in the residency calculation. The third route is the partner-first route, which applies when a parent also has a partner based in the UK and qualifies for a partner visa.
Regardless of which route a parent follows, those aged between 18 and 64 must pass the Life in the UK Test and satisfy English language requirements at a B1 level in speaking and listening, or hold a degree that was taught or researched in English. A child's living situation also plays a role in the application process.
For the five-year route, the child must generally be under 18 at the time of application, though exceptions exist if the child was under 18 when the parent first received the family visa and has not yet begun living independently. The ten-year route places no age restriction on the child. Children under 18 may be added to a parent's application on the five-year route if they hold permission to be in the UK as a dependant.
Parents on the ten-year route cannot add other children to their application. Children who have turned 18 may still be included if they held dependant status before adulthood and have not yet begun independent living, but they must individually pass the Life in the UK Test and meet the English language standard.
The UK government's guidance aims to provide clarity for parents on family visas who wish to apply for indefinite leave to remain. The guidance is available on the UK government's website, and parents are advised to carefully review the requirements for each route before making an application.
Key points
- The UK government has outlined three routes for parents on family visas to apply for indefinite leave to remain.
- Parents must meet specific requirements, including financial support and English language proficiency.
- The child's living situation and age also play a role in the application process.
