Applicants applying for entry clearance will be granted settlement if the UK sponsor is British or already settled in the UK at the time of application.
However, if the UK sponsor has temporary permission to be in the UK, the applicant will be granted temporary leave in line with the UK sponsor’s leave.
ADRs who are in the UK with temporary leave can apply to settle at the same time as their UK sponsor; their application will be granted following the approval of their UK sponsor’s settlement application. Exceptions apply when ADRs have been involved in a sham marriage; have used false documents or deception; have owed debts to the Home Office or the NHS; or have breached the conditions of their leave. In such cases, the applicant cannot settle until they have completed a continuous qualifying period of 10 years with leave, or five years with leave after the issue came to the attention of the Home Office.
Applications for permission to stay where the UK sponsor is British or settled will be granted for 30 months.