Who is this visa for?

If you are a non-British/non-Irish National who wishes to join your spouse/partner in the United Kingdom, you can apply for a family settlement visa, provided you meet certain criteria as set out in Appendix FM of the Immigration Rules.

What are the basic eligibility requirements?

• You must be either the spouse, civil partner, unmarried partner, or fiancé(e) or proposed civil partner of a British Citizen; Irish Citizen; a person with indefinite leave to enter/remain in the UK; an EEA National with pre-settled status under the EU Settlement Scheme; or a person with refugee status or Humanitarian Protection in the UK.
• You must be in a genuine and subsisting relationship as at the date of application, with a requirement to have met your spouse/partner in person.
• You must be able to satisfy the financial requirement, unless exceptional circumstances apply:
  • Financial Requirement
    A very important factor for most settlement visas is ensuring that you meet the financial requirement. Only the following sources of income can be counted toward the financial requirement for the purposes of an application for entry clearance:
    1. income of the sponsor from specified employment or self-employment, which, in respect of a sponsor returning to the UK with the applicant, can include specified employment or self-employment overseas and in the UK (the sponsor must be able to evidence that they have a job offer in the UK, or if they are self-employed, evidence of prospective self-employment income in the UK);
    2. specified pension income of the applicant and/or sponsor;
    3. any specified maternity allowance or bereavement benefit received by the applicant or sponsor in the UK, or any specified payment relating to service in HM Forces received by the applicant or sponsor;
    4. other specified income of the applicant and sponsor (this refers to non-employment income such as rental income or income from dividends and shares); and
    5. specified savings of £16,000 of the applicant and/or sponsor in addition to savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income from the sources listed above, and the total amount required.

    Where the applicant is applying for limited leave to remain or indefinite leave to remain from within the UK, then they can rely on their own employment/self-employment income to satisfy the financial requirement.

    The minimum income threshold for an applicant who is making their first application on or after 11 April 2024 is £29,000 per annum.

    There is no separate element for children where the initial application is submitted on or after 11 April 2024.

    A person who has permission as a partner on the five-year route to settlement, or as a fiancé(e) or proposed civil partner, at the date of application, must meet the transitional financial requirement if they made an application for entry clearance or permission to stay as a fiancé(e), proposed civil partner, or partner under Appendix FM before 11 April 2024, which was successful:

    If you have dependent children who also require a visa to live in the UK, then the annual income you must receive is greater. Below is a table of the financial requirement needed to be met:

    Family member	How much you need to earn before tax
    Spouse/partner only	£18,600
    Spouse/partner & 1 child	£22,400
    Spouse/partner & 2 children	£24,800
    Spouse/partner & 3 children	£27,200
    Spouse/partner & 4 children or more	£29,000

• • If the sponsor is in receipt of any of the following benefits or allowances in the UK, the applicant may be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold:

• • • Carer’s Allowance
    • Disability Living Allowance
    • Severe Disablement Allowance
    • Industrial Injuries Disablement Benefit
    • Attendance Allowance
    • Personal Independence Payment
    • Armed Forces Independence Payment, or Guaranteed Income Payment under the Armed Forces Compensation Scheme
    • Constant Attendance Allowance, Mobility Supplement, or War Disablement Pension under the War Pensions Scheme
    • Police Injury Pension
    • Child Disability Payment
    • Adult Disability Payment

• You must be able to satisfy the English language requirement by passing an approved English language test or; providing specified evidence of having a degree or other academic qualification taught or researched in English or; being a national of a majority English speaking country as set out in the Immigration Rules or; qualifying for an exemption.
• You must be able to satisfy the accommodation requirement, by providing suitable evidence that there is somewhere for you to live in the UK.
• You may also need to take a tuberculosis test, depending on where you have lived in the 6 months immediately prior to the date of application.

How long can I stay in the UK?

If you apply for the visa from outside the UK, it is valid for 33 months. If you apply from within the UK, you will be granted leave for 30 months. You can apply for a 30-month extension prior to the expiration of your leave. If you have applied for leave as a fiancé(e) or proposed civil partner, then you will only be given 6 months’ leave in the UK. You can apply to extend your leave in the UK once you are married or have entered into a civil partnership with your sponsor. The extension application should be made before your initial period of leave expires.

There is a prohibition on employment whilst you are in the UK as a fiancé(e) or proposed civil partner, and you may be billed for medical treatment so should have insurance in place before arriving in the UK.

You cannot apply for this visa from within the UK if your only permission to be in the UK is as a visitor. If you do make an application from within the UK and you are either a visitor, or an overstayer (you have overstayed your permitted leave) then your application will be considered on Human Rights grounds under certain provisions within Appendix FM of the Immigration Rules. If your application is approved on Human Rights grounds, you will be placed on the 10-year route to settlement, with a requirement to renew your visa every two and a half years. You can switch onto the 5-year route to settlement at any time if you meet all of the suitability and eligibility criteria. If you are already in the UK on another immigration route, you may be allowed to switch to a family settlement visa.

Holders of family settlement visas (with the exception of those will leave as a fiancé(e) or proposed civil partner) are permitted to work and study in the UK.

Can dependants join me on this route?

Children under 18 years of age are allowed to enter the country as your dependents, however, you should submit an application for them when you apply for your visa. Your sponsoring partner will be required to show an income for a certain amount and this level may vary depending on the number of dependent children requiring sponsorship. Children who are British Citizens and/or Irish Citizens do not need a visa to enter the UK and will not be counted when calculating the minimum income threshold. The same applies to children who have settled in the UK, meaning there is no time limit on how long they can reside in the UK.