Applicants who have completed a two years probationary period in the UK may be eligible to apply for indefinite leave to remain also known as settlement or permanent residence. However, in certain circumstances, applicants may be able to apply for indefinite leave to enter the UK i.e. from the British entry clearance post abroad.

How this works?

In most cases, applicants will need to apply for entry clearance to enter the UK to join their spouse. However, where applicants have been married and living abroad together for at least 4 years or more, they may apply for settlement straight away.

The requirements are that:

·         The applicant is married or has registered a civil partnership which has been subsisting for at least four years

·         They have been residing together outside the UK in this marriage/civil partnership

·         They intend to return to the UK to live together permanently

·         The non settled spouse must pass the Life in the UK test

Applicants must have sufficient funds and suitable accommodation. Reference should be made to the maintenance and accommodation requirements for spousal visas.

It is important to note that where the settled applicant has more than one spouse, only one will be allowed in the UK as polygamy is not permitted under UK law.