Family members of diplomats – can they settle in the UK?
If an individual is present in the UK as the family member of a diplomat they are exempt from immigration control. However, in some cases time spent in the UK in this category can be used to apply for settlement.
Settlement on the basis of Long Residence
Applying for Indefinite Leave to Remain in the UK on the basis of long residence, requires an individual to have been present and settled in the United Kingdom for a minimum of 10 years. The long residence guidance stipulates that certain individuals can use time spent in the UK exempt from immigration control towards applying for settlement:
“Time spent in the UK exempt from immigration control must be counted as lawful residence. People exempt from immigration control include diplomats…”.
The Long Residence guidance further notes that diplomats are allowed ‘deemed leave’ in the UK. This is the period of 90 days that diplomats are given once their period of exemption from immigration control period ends. By the end of the 90 days, the person must either submit an application for leave to remain or to leave the UK.
Note that a person on deemed leave in the UK does not receive an endorsement in their passport. If an individual does not submit an application for further leave or leave the UK, then their continuous residency will be broken.
Gherson have many years of experience of dealing with diplomatic immigration matters. If you require any advice or assistance please do not hesitate to contact us.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2019