The 5-Year and 10-Year Family Visa Routes to Settlement, Explained Plainly

If you have permission as a partner or parent under Appendix FM, your route to settlement may be based on a five-year or ten-year qualifying period. The route shown in your grant and the requirements met at each stage affect the calculation.

The 5-Year Route to Settlement

If you meet all the requirements of the family Immigration Rules throughout your leave, you can apply for ILR after 5 years (usually two visa periods, an initial 33-month visa and a 30-month extension).

To be on the 5-year route, you need to:

• Have continuous leave to remain on a qualifying family route (e.g., Spouse Visa or Partner Visa).
• Meet the financial requirement at each application stage.
• Meet the English language requirement.
• Continue to meet the relationship requirement, you must still be in the relationship throughout.
• Continue to satisfy the applicable suitability and eligibility requirements.

For the five-year partner route, there is no general rule limiting absences to 180 days in every 12-month period. The Home Office will consider whether the relationship remains genuine and subsisting and whether the couple intend to live together permanently in the UK. Extended or repeated absences can still be relevant and should be explained.

The 10-Year Route to Settlement

Some applicants cannot meet all the requirements of the 5-year route, but still have a right to remain in the UK based on their private or family life under Article 8 of the European Convention on Human Rights.

The ten-year family settlement route is governed by Appendix Settlement Family Life. It is distinct from settlement under Appendix Long Residence.

A partner or parent may qualify after the required ten-year period and, in defined circumstances, may be able to count permission held on other routes that lead to settlement. SETF 3.1 and SETF 3.2 contain the qualifying-period rules. The calculation depends on the person's immigration history and the Rules in force on the application date.

The 10-year route typically applies where:

• There are compelling circumstances that justify a grant of leave even where the strict Rules are not met.
• There are children involved whose best interests require the family to remain together in the UK.
• An applicant has developed a strong private life in the UK over many years.

Can You Switch From the 10-Year Route to the 5-Year Route?

Yes, in some cases. If your circumstances change and you now meet all the requirements of the 5-year route, it may be possible to move onto the 5-year route at your next application.

This is something worth exploring with a specialist solicitor because the time already spent on the 10-year route does not simply transfer. You would typically restart the 5-year clock from the point you move routes.

What Counts Towards the 5 or 10 Years?

The qualifying period is route-specific. Key points include:

• Permission as a partner or parent under Appendix FM is central to the family settlement routes.
• Appendix Settlement Family Life can permit specified periods on other settlement routes to count.
• Appendix Long Residence has its own lawful and continuous residence rules.
• Periods without permission and absences must be assessed under the exact route provisions and any applicable exceptions.

Why This Matters More Than Ever

Moving between the five-year and ten-year family routes can affect the eventual settlement date. Before changing route, compare the qualifying-period rules against the complete grant history and the evidence available for the next application.