You can apply for Indefinite leave to remain UK Spouse once you have completed 5 years in the UK continuously for a period under the 5 years route with your husband or wife in the UK. The application will be considered by the Home Office UKVI in accordance with requirements of the Immigration Rules as set out in Appendix FM of the Immigration Rules.
It is also possible to apply for indefinite leave to remain UK Spouse under the 10 year route and apply for ILR. Different application forms apply depending on whether you are under the 5 or 10 years route.
Our expert team of Immigration Solicitors in London, Woolwich, SE18, WC1V and UK specialise in Spouse visa ILR applications under 5 years or 10 years route. We have successfully helped thousands of clients with their spouse visa ILR applications under both routes once eligible to apply for ILR. Our highly experienced UK spouse visa solicitors can provide fast, friendly, reliable and fixed fee immigration services concerning your spouse visa ILR application. Ask a question to our Spouse visa solicitors for immigration advice or book an appointment for detailed legal advice concerning your ILR application as a Spouse.
Eligibility Requirements For ILR As A Spouse Under 5 Years Route?
The application will be considered in accordance with requirements of the Immigration Rules as set out in Appendix FM of the Immigration Rules.
For the applicant to succeed in the ILR application as a spouse under the 5 years route, the applicant must:
- meet the suitability criteria as set out in Appendix FM of the Immigration Rules;
- show that he/she has been living with the UK spouse during the last grant of leave as spouse and the relationship of the applicant is genuine and subsisting;
- demonstrate that the applicant and the UK sponsor intend to live together permanently;
- meet the financial requirement of earning £18,600 gross per year (or above if there are non-British / non-settled children), individually or jointly unless an exemption from meeting the financial requirement of £18,600 applies in which case the applicant should meet the adequate maintenance requirement;
- meet the requirement of adequate accommodation to be accommodated in the UK without any recourse to public funds;
- prove that the applicant meets the English language requirement at CEFR level B1 in listening and speaking only;
- prove that the applicant meets the Life in the UK test requirement unless exempt
- Provide specific mandatory documents in support of your application.
What is the UK Spouse visa 28 days rule?
The earliest you and any family members (dependants) can apply is 28 days before the expiry of your current Spouse visa. This is also known as the 28-days rule.
Application Process For ILR As A Spouse
You can apply for ILR to continue to stay in the UK, when you have completed 5 years in the UK under the Spouse Visa (5 Years Route). According to Home Office UKVI Guidance, an application for ILR as a spouse can be made within 28 days before completion of 5 years residence in the UK under 5 years route or 10 year route. You should not submit your application any earlier otherwise it is likely to be rejected or treated as invalid.
You can apply for ILR as a spouse online using SET (M) form. Upon submission of the online application, the Home Office UKVI fees are paid online and then an appointment for verification of documents and enrolment of biometrics is made online on UKVCAS online portal. All the supporting documents must be uploaded online before biometrics enrolment appointment is attended at the UKVCAS application centre. At the Home Office appointment centre, the supporting documents uploaded online are verified by the UKVCAS staff and biometrics of the applicant are enrolled.
An applicant for ILR as a spouse under 5 years route receives decision from the UKVI within the service standards of the UKVI for processing of the application. Applicants who apply for ILR using Super Priority Service receive the decision normally within 24 hours and the applicants who have used standard service receive decision normally within 3 to 6 months.
Indefinite leave to remain financial requirement as a Spouse?
Meeting the financial requirement is one of the key requirements for ILR as a spouse under 5 years route. You will need to once again meet the requirement of £18,60o in order to fulfil the this requirement, plus additional funds if you have non-British children. You can rely on your own or your spouse’s income in order to meet the financial requirement, or you can combine your earnings together.
The financial requirement can be met in a number of ways including through employment, self-employment, property rental income, pension income, savings etc. In certain circumstances, you may be able to rely on a combination of these. Applications where the income is derived from employment (or self-employment as a Director) from a specified limited company, or from self-employment can be slightly more complex as further documentation is required.
If you rely on cash savings alone, you will need to show certain level of savings, plus additional sums if you have children. This post covers using cash savings in order to satisfy the spouse visa extension financial requirement.
You may still be able to meet the requirement if you are not working or are on benefits or have sufficient savings to satisfy the financial requirements. If your UK Sponsor – husband or wife is in receipt of the following specified benefits, you will not need to fulfil the financial requirement of £18,600.
How do I make a ILR spouse visa application?
The process for applying for ILR as a Spouse is similar to your previous spouse extension application for further leave to remain in the UK, from the Home Office.
Applications are made online, and then you will be required to attend a centre to enrol your biometrics and have your passport and supporting documents scanned.
Once you have submitted your online application, you will be able to upload copies of your supporting documents to the Home Office’s partner website and you will be able to book an appointment to attend a service centre to enrol your biometrics. You can also get your documents scanned at the centre.
How much does it cost to extend Spouse visa?
The visa application fee is £2,389, plus £19.20 towards your biometric fingerprints. There is no fee towards the Immigration Health Surcharge.
For More details about how we can help you with the process and to asked more questions should you feel the need to speak to someone in more detail you can reach us here are My Legal Services.
Get in Touch with us Today.
So why not contact My Legal Services today to see how we can help you, you can reach us here in order to give you the best possible help and advise for an successful application. It is also important you provide relevant and specified documents prior to applying to the Home Office.
My Legal Services Immigration lawyers can help you check your eligibility and individuate the correct requirements to make your application successful. Call us on 02037 324 736 to speak with one of our qualified Immigration Lawyers and get for immediate help or enquiry online with your situation. We are immigration specialists that care about your personal circumstances and immigration needs.
We employ only the highly trained immigration lawyers to help our clients with their Immigration issues. All of our lawyers and solicitors are trained and accredited by the Law Society Immigration & Asylum Scheme to help you with the application, appeal or decision making process in obtaining your visa in the UK. You can speak at any time with one of our specialists who will be happy to assist you and go over the process for you to obtain your leave to remain in the UK.
We can also assist with:
- British nationality by way of naturalisation
- Overstayers in the UK
- Seven Years Child Visa
- Child Registration as a British citizen
- Parent of a British Child
- Spouse Visa
- Civil Partnership Visa
- Fiancé/Fiancée Visa
- Unmarried Partner Visa
- What is the FLR FP Form?
- 20 Years Residence Rule