The earliest you can apply is 28 days prior to the expiry of your current Spouse visa. After 5 years in the UK as a Spouse visa, you will be entitled to apply for ILR. The grant of ILR means you will be free from any immigration control or restrictions. After the grant of ILR, this entitles to apply to become a British citizen.
What are the requirements to apply for indefinite leave to remain (ilr) after 5 years?
You will need to satisfy and meet the following requirements:
- You meet the character suitability requirements under General Grounds of refusal
- You have held 5 years Spouse leave as a partner of a British citizen, settled status, ILR, permanent residence under the 5 year route for 60 months to settled in the UK
- You provide evidence of genuine and subsisting relationship with your husband or wife
- You can meet the financial requirement of £29,000 to demonstrate you will not have recourse to public funds.
- You will be adequately maintained in the UK without recourse to public funds;
- There is adequate accommodation for you and any dependents;
- You speak and understand English language requirement at B1 of CEFR and the Life in the UK test.
- Absences requirement outside of the UK.
- You would need to apply on the correct Spouse ILR application form
Our Professional Solicitor's are available in person at our offices or via the phone, Call us Today
Our Professional Solicitor's are available in person at our offices or via the phone, Call us Today
Our Professional Solicitor's are available in person at our offices or via the phone, Call us Today
How long does the Process Take?
You can apply for ILR 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. 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.
Our Top ILR Spouse Visa FAQ’S
You would need to pass the Life in the UK test and unless you are exempt, you will need to demonstrate B1 level in Listening and Speaking from an approved Home Office English test provider to meet the English language requirement.
There is no fee payable towards the NHS charge
The current spouse visa online application fee is £2,389 plus £19.20 towards your biometric fingerprints. The same fees applies for any dependants applying.
Here are a few examples of the type of documents you should submit;
- Proof that your relationship is real: Utility bills at the same address, Bank statements, evidence of family life in the UK, if you have a child or children
- Proof of your income: Job contracts, your P60, your bank statements, Payslips. Different rules are apply for Self employment applicants and/or Company Directors. It is also possible to satisfy the financial requirement via Cash savings by having sufficient savings of £62,500.
- Proof that you meet the accommodation requirement: House lease, letting contract, proof of booked temporary accommodation
- Proof that you meet the English language requirement: Life in the UK test and B1 Listening and Speaking test.
If you are married to a British citizen, subject to satisfying the residence requirement, you can apply to naturalise as a British citizen as soon as you are granted indefinite leave to remain in the UK. Once your application for British citizenship is approved you can apply for a British passport.
If your relationship comes to an end, you do not have an automatic right to remain in the UK if your relationship breaks down. If your spouse visa is revoked or cancelled, you will need to either apply to remain in a different category.
How can we help and process your application?
All of our lawyers and solicitors are trained and accredited by the Law Society Immigration & Asylum Scheme to help you with your indefinite leave to remain application, leave to remain applications, 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.
Please feel assured we will include the following:
- Taking detailed instructions from you and advising you about the relevant immigration laws and procedures in relation to your indefinite leave to remain UK spouse application in the UK;
- Assessing and checking your documents and evidence to ensure that your Spouse visa extension application fulfils the relevant requirements, if any documents are missing or additional documents are need
- Advising you if any documents are missing or additional documents are required to support and strengthen your indefinite leave to remain UK Spouse visa application.
- Completing of your entire application process from start to finish
- Preparing a representation letter to the Home Office in support of your application for indefinite leave to remain Spouse UK application.
Hire one of our Immigration Solicitors in London to benefit from our indefinite leave to remain or leave to remain application package. Get in touch on 02037 324 736 or use our online contact form to speak to our team.
