Yes, family members of diplomats may be able to apply for Indefinite Leave to Remain (ILR), also known as Settlement, in the UK after their diplomatic post ends. The rules are clear about who is eligible, but there are important conditions to consider, especially if their relationship with the diplomat changes or if they have spent time outside the UK. Here’s what you need to know.
Diplomats and Their Families: Exempt from Immigration Control
Under the Immigration Act 1971, diplomats and their family members are exempt from UK immigration control. This means they can live in the UK without needing a visa. However, when the diplomat’s post ends, or if the family relationship breaks down (for example, through divorce), the family members may no longer be exempt from immigration control. This raises the question: Can they stay in the UK or apply for Settlement?
Can Family Members Apply for ILR (Settlement)?
The good news is that family members of diplomats can apply for Indefinite Leave to Remain (ILR) based on long residence in the UK, as long as they meet certain criteria. According to UK immigration rules, time spent in the UK while exempt from immigration control is counted as lawful residence.
Eligibility for ILR Through Long Residence
To apply for ILR under the long residence route, applicants must meet the following conditions:
- At least 10 years of continuous lawful residence in the UK.
- No reason why granting ILR would go against the public interest.
- Meet the English language and Life in the UK test requirements.
- Not have been refused under general grounds for refusal.
- Not have broken immigration laws (except for overstaying by 28 days or less before November 24, 2016, or if leave was granted under specific rules after November 24, 2016).
Understanding Continuous Residence
To apply for ILR, applicants must prove they have lived in the UK continuously for at least 10 years. This means they should not have been outside the UK for more than 540 days in total during those 10 years. Here’s how the continuous residence is calculated:
- You can be outside the UK for short trips, but not for more than 6 months at a time.
- If you spend a total of 18 months or more outside the UK during the 10 years, your continuous residence will be broken.
- If you left the UK before November 24, 2016, without valid leave and did not apply for re-entry within 28 days, your continuous residence may be broken.
What Happens If You’ve Been Outside the UK?
If you had to be outside the UK for compassionate reasons, there may be exceptions. UK Visas and Immigration (UKVI) has high standards, but in some cases, they will use discretion. If you cannot meet the continuous residence requirement, it’s important to consult with an immigration lawyer. They can help explain the reasons for your absences and ask UKVI to be flexible.
What Happens After Diplomatic Exemption Ends?
When a diplomat’s exemption from immigration control ends, both the diplomat and their family members are granted 90 days of deemed leave. This means they are allowed to stay in the UK for an additional 90 days after the exemption period ends. During this time, they must either:
- Apply for leave to remain (extend their stay).
- Apply for Indefinite Leave to Remain (ILR).
- Leave the UK if no application is made.
If an application is submitted within 90 days, the family member’s lawful residence continues. But if they stay without applying after 90 days, their lawful residence will be considered broken, and they could become overstayers.
Can You Apply for Settlement?
Yes, family members of diplomats can apply for Settlement (ILR) in the UK under the long residence route, but they must meet the strict requirements for continuous lawful residence. If you believe you are eligible, it’s important to act quickly and contact an immigration lawyer to ensure that your application is properly prepared and your lawful residence remains uninterrupted.
If you need help with your application, Law and Visas can provide expert guidance to ensure the process goes smoothly.
