ILR As A Same Sex Partner (5 Years Route)
You can apply for ILR when you have completed 5 years in the UK under the same sex Partner Visa (5 Years Route) under Super Priority Service to get the decision within 24 hours. According to Home Office UKVI Guidance, an application for ILR as a same sex partner can be made within 28 days before completion of 5 years residence in the UK under 5 years route.
ILR for under married partner visa under same sex partner will be applied under Appendix FM of the immigration rules.
Contents
Free Immigration Advice For ILR As A Same Sex Partner (5 Year Route)
Our specialist immigration lawyers for ILR as a same sex partner offers free immigration advice regarding same sex partner ILR application. You can speak to our immigration lawyers regarding your indefinite leave to remain application or arrange an appointment for detailed immigration advice.
Super Priority Service (Decision Within 24 Hours) For ILR Under Same Sex Partner Visa
As one of the expert immigration lawyers, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service (SPS) for your application whereby decision on your application will be made by the Home Office UKVI within 24 hours of the enrolment of biometrics at a designated service centre.
When Can I Apply For ILR As Same Sex Partner Under 5 Years Route?
You can apply for ILR after 5 years in the UK with the Same Sex Partner Visa (5 Years Route). Home Office UKVI Guidance allows same sex partners to apply for ILR within 28 days of completing 5 years of residence in the UK under the 5 year route.
How Can I Apply for ILR as an Same Sex Partner Under the 5 Year Route?
You can apply for ILR as a same sex partner online via the SET (M) form. After submitting the online application, the Home Office UKVI fees are paid online, and an appointment for document verification and biometric registration is scheduled on the UKVCAS web portal. All supporting documentation must be uploaded online prior to attending a biometrics enrolment appointment at the UKVCAS application centre. At the appointment centre, UKVCAS staff verify the supporting documents supplied online and enrol the applicant’s biometrics.
Same Sex Partner Visa UK—The 5-Year Route
Once your same sex partner application is approved, you will be given 30 months’ leave to remain in the United Kingdom. Thereafter, the visa can be renewed for another 30 months, thus making it a period of 60 months which is equal to five years.
If you have completed five years in the UK, you can apply for indefinite leave to remain. This is also called the 5-year route to settlement. However, all requirements must be fulfilled to qualify for it.
What Are The Requirements For ILR As Same Sex Partner 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 same sex partner 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 partner during the last grant of leave as unmarried partner 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 children), individually or jointly;
- 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 proficiency at CEFR level B1 in listening and speaking only;
- prove that the applicant meets the Life in the UK test requirement.
Financial Requirement For ILR As Same Sex Partner Visa
If you apply for a family visa as a partner, you and your partner usually need to prove that your combined income is at least £29,000 a year.
This is called a ‘minimum income requirement’. The financial requirements are different if either:
- your partner is getting certain disability or carer’s benefits
- you first applied as a partner before 11 April 2024 and you’re extending that visa – this includes if you first applied as a fiancé, fiancée or proposed civil partner
How you prove your income depends on how you got it. You may be able to use your savings instead of income to show you meet the requirement.
If you first applied as a partner before 11 April 2024 and you’re extending that visa
If you’re extending your stay with the same partner, you and your partner will need to prove that your combined income is at least £18,600 a year.
You must prove you have extra money for any children who:
- you’re applying for a family visa with
- are already in the UK as dependants on your family visa
- are already in the UK as your partner’s dependants
What Are The Various Sources Of Meeting The Financial Requirement?
Where the applicant has to meet the minimum income threshold, the financial requirement can generally be met in the following five ways:
- Income from salaried or non-salaried employment of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category A or Category B, depending on the employment history.
- Non-employment income, e.g. income from property rental or dividends from shares. This is referred to as Category C.
- Cash savings of the applicant’s partner and/or the applicant, above £16,000, held by the partner and/or the applicant for at least 6 months and under their control. This is referred to as Category D.
- State (UK or foreign), occupational or private pension of the applicant’s partner and/or the applicant. This is referred to as Category E.
- Income from self-employment, and income as a director or employee of a specified limited company in the UK, of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category F or Category G, depending on which financial year(s) is or are being relied upon.
Evidence Flexibility For Financial Requirement
The evidential flexibility is set out in paragraph D of Appendix FM-SE. Under Appendix FM-SE there is discretion for decision-makers to defer an application pending submission of missing evidence or the correct version of it, within a reasonable deadline set for this. Decision-makers will not have to defer where they do not think that correcting the error or omission will lead to a grant.
Decision-makers are also able to grant an application despite minor evidential problems (but not where specified evidence is missing entirely). There is also discretion for decision-makers where evidence cannot be supplied because it is not issued in a particular country or has been permanently lost. Decision-makers have general discretion to request additional information or evidence before making a decision.
Exemption From Financial Requirement For ILR As Same Sex Partner Under 5 Years Route (Adequate Maintenance)
Where the applicant’s partner is in receipt of any of the following benefits or allowances in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold of £18,600 or above:
- Career’s Allowance.
- Disability Living Allowance.
- Severe Disablement Allowance.
- Industrial Injuries Disablement Benefit.
- Attendance Allowance.
- Personal Independence Payment (PIP).
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.
- Police Injury Pension.
If the applicant’s partner is in receipt of one of the above benefits or allowances on behalf of their child, the applicant will be able to qualify by meeting the financial requirement through “adequate maintenance”. The evidence required to demonstrate that the applicant’s partner is in receipt of a specified benefit or allowance is specified in Appendix FM-SE.
English Language Requirement For ILR As Same Sex Partner Under 5 Years Route
The applicant must provide specified evidence that he/she:
- is a national of a majority English speaking country; or
- has passed an English language test in speaking and listening at a minimum of level B1 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by the Home Office, UKVI; or
- has an academic qualification recognized by UK NARIC to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
- is exempt from the English language requirement because at the date of application:
- the applicant is aged 65 or over;
- the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
- there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK.
Life In The UK Test Requirement For ILR As Same Sex Partner Under 5 Years Route
You will have to pass the Life in the UK test in order to apply for ILR as a same sex partner unless you are over the age of 65 or you are seeking exemption from this requirement due to medical reasons.
Re-Applying For ILR As A Same Sex Partner Under 5 Years Route After The Refusal
If your application for ILR as a same sex partner under 5 years route has been refused by the Home Office, UKVI and you believe that the decision to refuse your application is valid and lawful and therefore cannot be challenged successfully by way of appeal, you have the option to re-apply for ILR as same sex partner. We can provide the required legal help and assistance with re-applying for ILR as same sex partner under 5 years route through our Super Priority Service.
Our Fixed Fees For ILR As Same Sex Partner (5 Years Route)
Our fixed fees for ILR as a same sex partner (5 years route) from inside the UK are as given in the fee table below:
| Our Service | Our Fixed Fees Range |
| Full service for ILR as same sex partner – 5 years route [SET (M) Application] from inside the UK to cover all the work until decision by the Home Office, UKVI | From £1,000 To £1,500 |