TRW & Co · Employment, Pensions & Immigration
Immigration Solicitors in London
Family and personal immigration law decides who can join you in the UK, how long they can stay and when they can settle or become British. Our immigration solicitors London clients instruct advise on partner and family visas, indefinite leave to remain, naturalisation and refusals, at a time when settlement requirements are tightening and further reform is proposed.
Key pointFor anyone on a five-year route, timing is now a legal issue: the English requirement for settlement rises to B2 on 26 March 2027, and the proposed ten-year earned settlement model would apply only once written into the Immigration Rules.
At a glance
Partner income requirement
Partners usually need combined income of at least £29,000 a year; those who first applied before 11 April 2024 and extend with the same partner need £18,600.
English rises in 2027
A March 2026 Statement of Changes raises the English requirement for settlement on many routes from B1 to B2 from 26 March 2027.
Earned settlement proposed
Government proposes ten years as the normal qualifying period for settlement, but the change must be made through the Immigration Rules first.
Citizenship absence limits
Naturalisation applicants should not exceed 450 days outside the UK in five years, or 90 days in the final twelve months, absent discretion.
Refusals have short deadlines
Some refusals carry a right of appeal to the First-tier Tribunal, others only administrative review; each has tight time limits.
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What personal and family immigration covers
Personal and family immigration is about people rather than employers: partners joining a British or settled spouse, parents and children, visitors, students and graduates, long-term residents seeking indefinite leave to remain, and settled residents applying to become British. The immigration solicitors London families instruct are usually asked one of three things: which route fits, what evidence will satisfy the Home Office, and what to do when an application is refused.
The stakes are personal and often time-critical. A missed deadline can end lawful residence; a refusal can affect future applications; a gap in residence can push citizenship back by years. Because the Immigration Rules change several times a year, advice that was right last year can be wrong today.
The area covers England, Wales, Scotland and Northern Ireland alike, because immigration is a reserved matter governed by UK-wide law. Appeals in Scotland and Northern Ireland follow the same tribunal system, although onward challenges go to the Scottish and Northern Irish courts.
When it becomes a legal question
Many applications are straightforward on paper. The legal questions arise where the facts are not standard: self-employed or overseas income, previous refusals or overstays, criminal records, long absences abroad, children from earlier relationships, or marriages contracted overseas. Those are the cases where specialist advice changes outcomes.
The legal and regulatory framework
The Immigration Act 1971 gives the Home Secretary power to make the Immigration Rules, which set out the requirements for each route. Family routes sit mainly in Appendix FM to the Immigration Rules, with separate appendices for private life, the EU Settlement Scheme, visitors and students. Citizenship is governed by the British Nationality Act 1981.
Applications are decided by UK Visas and Immigration (UKVI), part of the Home Office. Article 8 of the European Convention on Human Rights, given effect through the Human Rights Act 1998, protects family and private life, and many family refusals carry a right of appeal because they are treated as refusals of a human rights claim.
Appeals, administrative review and judicial review
GOV.UK explains that you can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) against refusals of protection claims, human rights claims and decisions under the EU Settlement Scheme, among others. Where there is no right of appeal, the remedy is usually administrative review, an internal Home Office check for caseworking errors. If neither applies, a decision may be challenged by judicial review, usually in the Upper Tribunal. Each route has short time limits, so the remedy should be identified on the day a refusal arrives.
Digital status
The Home Office has replaced most physical immigration documents with eVisas, a digital record accessed through a UKVI account. Visitors from visa-exempt countries now generally need an electronic travel authorisation before travelling. Keeping the UKVI account accurate, including passport details, is now part of staying compliant. Immigration solicitors London residents consult increasingly deal with status-checking problems as well as applications.
Family routes and how they compare
The right route depends on the sponsor's status, the relationship and the long-term goal. The table summarises the main options.
| Route | Who it suits | Key requirement | Path to settlement |
|---|---|---|---|
| Partner (Appendix FM) | Spouse, civil partner or unmarried partner of a British citizen or settled person | Usually combined income of at least £29,000 a year, or savings, plus English and accommodation | Earliest after five years continuously as a partner, under current rules |
| Dependant of a work visa holder | Partner and children of a Skilled Worker or similar | Relationship evidence and, unless exempt, funds | Generally alongside the main applicant |
| Parent of a child in the UK | Parent with access to or responsibility for a British or settled child | Genuine parental relationship | Depends on the basis of the grant |
| Adult dependent relative | Elderly or dependent relative needing long-term care | Care cannot be obtained in the home country | Settlement on entry if granted, but rarely granted |
| EU Settlement Scheme | EU, EEA and Swiss citizens and families with pre-2021 residence | Residence and relationship evidence | Pre-settled to settled status |
| Private life | Long-term residents and those who grew up in the UK | Length of residence or very significant obstacles abroad | Usually longer than the partner route |
The partner route in practice
GOV.UK states that partners usually need to show a combined income of at least £29,000 a year. Those who first applied as a partner before 11 April 2024 and are extending with the same partner need £18,600 plus amounts for children. The income requirement does not apply where the British or settled partner receives certain disability or carer's benefits, although adequate maintenance must still be shown. Savings can be used instead of, or alongside, income. Our guide to the UK spouse visa explains the evidence rules.
Decision times matter. GOV.UK says applications from outside the UK are usually decided within 12 weeks and in-country applications that meet the financial and English requirements within 8 weeks, while in-country applications relying on exceptional circumstances currently take far longer.
Visitors, students and graduates
Not every family member needs a long-term visa. Relatives coming for up to six months usually use the visitor route, and nationals of visa-exempt countries need an ETA rather than a visa. Students apply under the Student route, and graduates of UK courses can then switch to the Graduate route: GOV.UK states it lasts two years for applications made on or before 31 December 2026 and 18 months for applications from 1 January 2027, with three years for doctoral graduates. Immigration solicitors London families consult often plan these short-term routes alongside a longer-term partner or work application.
Relationship breakdown and domestic abuse
When a relationship ends, a partner's permission does not automatically continue, and the Home Office may curtail it. Partners whose relationship broke down because of domestic abuse may be able to apply for settlement under a dedicated appendix of the Immigration Rules, and a September 2026 Statement of Changes provides for its eligibility to be extended to adult dependent children. These applications require careful evidence and early advice, and immigration solicitors London clients approach in this situation should also take family law advice.
Settlement and citizenship: what changes in 2027 and beyond
Indefinite leave to remain (ILR) gives the right to live in the UK without time limit. Under current rules, many routes lead to ILR after five years. Our article on indefinite leave to remain covers eligibility by route.
Two changes need planning now. First, a Statement of Changes laid in March 2026 raises the English language requirement for settlement on a number of routes from level B1 to B2, with effect from 26 March 2027. Applicants close to qualifying should consider whether to apply before that date or prepare for the higher test.
Second, the government has proposed an "earned settlement" model under which ten years would become the normal qualifying period, with earlier settlement for some based on contribution. Ministers have said the changes may apply to people already in the UK who have not yet settled. The Home Office ran a consultation on earned settlement, but, as at the latest Statement of Changes we have reviewed, the ten-year model had not been written into the Immigration Rules. Immigration solicitors London clients rely on should confirm the position at the date of any application.
For people on a five-year route, the date of the application may now matter as much as the strength of the evidence.
British citizenship
GOV.UK states that an adult can usually apply to naturalise after five years' residence and twelve months with ILR or settled status, unless married to a British citizen. Applicants should not have spent more than 450 days outside the UK in the five-year period, or more than 90 days in the final twelve months, and must meet the English, Life in the UK test and good character requirements. Absences beyond those limits can sometimes be overlooked at the Home Office's discretion. Our guide to naturalisation explains the good character assessment.
Children born in the UK are not automatically British unless a parent is British or settled at the time of birth, but they may be entitled to register later, for example when a parent settles. Registration is a separate application with its own requirements.
Process and timeline for a family application
Immigration solicitors London families instruct will usually follow a sequence like this for a partner or settlement application.
- Map the immigration history. Gather every previous visa, refusal, entry and exit, and identify any overstay or breach that might raise suitability concerns.
- Choose the route and date. Confirm the correct route and the earliest date the applicant qualifies, and check scheduled rule changes, such as the 2027 English requirement, against that date.
- Build the financial case. Identify which income or savings categories will be relied on and collect evidence covering the full period the rules require.
- Prove the relationship. Assemble marriage or partnership certificates, evidence of living together and communication, and evidence that any previous relationships have ended.
- Meet English and other tests. Book an approved test or confirm an exemption; for citizenship, pass the Life in the UK test.
- Apply and prove identity. Submit online, pay fees and the health surcharge where applicable, and complete identity verification by app or at an application centre.
- Respond to the decision. Check the grant and eVisa details, or, if refused, identify the right remedy and its time limit immediately.
An in-country applicant who applies before their current permission expires is usually protected while the application and any appeal are pending. Applying even a day late can break continuous residence and affect future settlement. Diarise expiry dates for every family member, not just the main applicant, because dependants' permission often ends on a different date.
Documents and evidence to assemble
The Home Office applies detailed evidential rules, particularly for finances. Typical evidence includes:
- Passports and travel history for the qualifying period, with explanations for long absences.
- Marriage, civil partnership or birth certificates, with certified translations for documents not in English or Welsh.
- For employment income, payslips, bank statements showing the salary paid in and an employer's letter, covering the periods the rules specify.
- For self-employment or company income, tax returns, accounts and HMRC records for the relevant financial years.
- For savings, bank statements showing funds held for the required period and their source.
- Accommodation evidence, such as a tenancy agreement or title, and confirmation that the property will not be overcrowded.
- English language certificates or degree evidence, and the Life in the UK test pass for settlement or citizenship.
- For previous refusals or criminal records, the decision letters and court documents, with a clear account of what has changed.
Immigration solicitors London applicants instruct will usually prepare an evidence index cross-referenced to each requirement in the rules. Caseworkers decide on the papers, so a clear structure reduces the risk that a document is overlooked.
Risks and common mistakes
Financial evidence that is right in substance but wrong in form
Many partner refusals involve couples who earn enough but submit the wrong evidence. The rules specify which documents count, for which periods, and how income categories can be combined. Salary paid in cash without matching bank deposits, gaps in payslips, or company income without the specified accounts can all cause refusal. Self-employed sponsors and company directors face the most technical rules. Mapping the evidence to the rule category before applying avoids refusals that are expensive to put right.
Not disclosing previous refusals or convictions
Application forms ask about previous refusals, immigration breaches and criminal convictions worldwide. Failing to disclose them, even through misunderstanding, can lead to refusal on suitability grounds for deception, which can affect future applications for years. The safer course is full disclosure with context and evidence of rehabilitation or changed circumstances. We review the full history before any form is completed.
Breaking continuous residence
Settlement and citizenship depend on continuous residence and limits on absences. Long periods abroad, gaps between grants of permission and applications made after expiry can all break continuity. People who travel often for work, or who spent long periods abroad caring for relatives, should calculate their absences precisely before applying. Where limits are exceeded, there may be discretion, but it must be argued with evidence.
Assuming an overseas marriage is recognised
Whether a marriage contracted abroad is valid in UK law depends on the law of the place of celebration, the capacity of each party, and in some cases registration requirements. Religious-only ceremonies, polygamous marriages and marriages where one party was previously married without a recognised divorce raise particular problems. Our article on whether a Bangladeshi marriage is valid in the UK explains the issues in one common corridor.
Missing the remedy deadline after a refusal
Refusal letters state whether there is a right of appeal or administrative review and the deadline. These deadlines are short and differ depending on whether the applicant is inside or outside the UK. Making a fresh application instead of challenging the decision can sometimes be quicker, but may leave an adverse finding on record. The right choice depends on the reason for refusal, and our guide to appealing a UK visa refusal explains the options.
Cross-border angle: Bangladesh, the EU, the Gulf and Asia
Many of TRW & Co's London clients have family in Bangladesh, the Gulf or South East Asia. For Bangladeshi nationals, partner, visit and student applications are made from Bangladesh, a tuberculosis test certificate is required for longer stays, and Bengali documents need certified translations. Our immigration for Bangladeshi nationals page and guide to the UK spouse visa from Bangladesh cover those practicalities. Where civil documents must be obtained or corrected in Bangladesh, TRW's Dhaka office can assist.
British Bangladeshis often ask whether acquiring British citizenship affects Bangladeshi nationality; our article on dual nationality explains the position. Family members working in the Gulf or Singapore often have income from abroad, which is assessed under specific rules for overseas employment. EU citizens with pre-2021 residence should check their EU Settlement Scheme status, especially those with pre-settled status.
Where immigration intersects with divorce, child arrangements or international relocation of children, we work with our family law team and our UK–Bangladesh family practice.
How TRW & Co's immigration solicitors London clients choose can help
TRW & Co's London office is authorised and regulated by the Solicitors Regulation Authority. We advise individuals and families, and we act for employees and executives whose employers are handled by our business immigration lawyers. We prepare and conduct tribunal appeals; where advocacy in the higher courts is required, we instruct specialist counsel.
Partner and family applications
We advise on route choice, map income and savings to the financial requirement and prepare partner, parent and child applications from inside or outside the UK.
Settlement planning
We calculate qualifying dates and absences, plan around scheduled changes such as the higher English requirement, and prepare ILR applications.
Citizenship and registration
We advise on naturalisation, good character issues, excess absences and the registration of children, and on the dual nationality position in the other country.
Refusals and appeals
We review refusal decisions, choose between appeal, administrative review, fresh application and judicial review, and prepare evidence and bundles for the tribunal.
Visitors and short stays
We advise on visitor applications after refusals, permitted activities and ETA issues. Our guides to visitor visa refusals and the ETA scheme summarise the rules.
Complex histories
We advise people with overstays, convictions or past deception allegations on whether and how to apply, and on the evidence needed to overcome suitability concerns.
See TRW & Co's full range of practices for related family, private client and corporate work.
Checklist before you apply
- Is this the right route for the family's long-term goal, including settlement and citizenship?
- On what exact date does each family member qualify, and do any scheduled rule changes fall before that date?
- Does the financial evidence match the specified categories and periods, not just the amount?
- Are previous refusals, breaches and convictions fully disclosed and explained?
- Are absences within the limits for settlement or citizenship, or is there a case for discretion?
- Are overseas marriage and birth documents valid, translated and, where necessary, registered?
- Is every family member's eVisa and UKVI account accurate?
- If refused, do we know the remedy and its deadline?
To speak to our immigration solicitors London team about your situation, contact TRW & Co.
Frequently asked questions
01How much do we need to earn for a spouse visa?
GOV.UK states that a partner applying under the family rules and their British or settled partner usually need a combined income of at least £29,000 a year. If you first applied as a partner before 11 April 2024 and are extending with the same partner, the figure is £18,600 plus additional amounts for children. Savings can be used instead of, or alongside, income, under specific rules. The requirement does not apply if the British or settled partner receives certain disability or carer's benefits, but you must still show adequate maintenance.
02How long until I can apply for indefinite leave to remain?
Under current rules, many routes, including the partner route and the Skilled Worker route, allow an application for indefinite leave to remain after five years of qualifying residence, provided the other requirements are met. The government has proposed making ten years the normal qualifying period under an earned settlement model and has said this may apply to people already in the UK. As at the latest Statement of Changes we have reviewed, that model had not been written into the Rules, so check the position when you apply.
03What English level do I need for settlement?
At present, most settlement routes that test English require level B1 in speaking and listening, unless you are exempt, for example because of age, disability or nationality of a majority English-speaking country. A Statement of Changes laid in March 2026 raises that requirement to B2 for a number of routes from 26 March 2027. If you will qualify for settlement before that date, consider applying before the change; otherwise, plan to take an approved B2 test in good time.
04Can I travel while my application is pending?
If you apply from inside the UK, travelling outside the Common Travel Area before a decision is made will usually cause the application to be treated as withdrawn. Your existing permission is generally extended while an in-time application, and any appeal, is pending, but only while you remain in the UK. If you need to travel urgently, take advice first, as the consequences can include losing continuity of residence and needing to apply again from abroad.
05Can a refused visa be appealed?
It depends on the decision. GOV.UK explains that there is a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) against refusals of human rights and protection claims and certain EU Settlement Scheme decisions. Many family refusals are treated as refusals of a human rights claim and so carry an appeal. Most visitor, student and work refusals do not; the remedy is usually administrative review, or a fresh application. Judicial review is a last resort. Deadlines are short.
06When can I apply for British citizenship?
Most adults apply after five years' residence and once they have held indefinite leave to remain or settled status for twelve months; spouses of British citizens can apply as soon as they have ILR. GOV.UK states you should not have spent more than 450 days outside the UK in the five years, or more than 90 days in the last twelve months, and you must not have broken immigration law. You also need to meet the English, Life in the UK test and good character requirements.
07Is my child born in the UK automatically British?
Not necessarily. A child born in the UK is British at birth if a parent is a British citizen or settled in the UK at the time of the birth. Otherwise the child is not automatically British, and needs permission to stay, usually as a dependant. The child may become entitled to register as British later, for example if a parent becomes settled or British, or after living in the UK for a long period. Registration requires a separate application.
Sources and official materials
- Immigration Rules: Appendix FM — Rules for partners, parents and children
- GOV.UK: Financial requirements for partners — £29,000 and £18,600 income thresholds
- GOV.UK: Apply for citizenship with ILR or settled status — Residence, absences and good character
- GOV.UK: Appeal against a visa or immigration decision — First-tier Tribunal (Immigration and Asylum Chamber)
- Immigration Rules: statements of changes — Including the 2026 settlement English change
- Home Office: Earned settlement consultation — Proposed reform of routes to settlement
- GOV.UK: eVisas — Accessing and using digital immigration status
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.