ILR Spouse Visa After 5 Years – Decision Within 24 Hours

You can apply for an ILR spouse visa using the SET (M) online application form after you have completed 5 years in the UK with spouse visa under the 5-year route.

Our qualified team of spouse visa solicitors in Manchester specializes in spouse visa ILR applications under the 5-year route. We have successfully assisted many clients with their spouse visa ILR applications under super priority service. Our highly experienced 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 in Manchester for free immigration advice , or book an appointment for detailed legal advice concerning your ILR application as a spouse.

For trusted UK visa and immigration advice in Manchester, speak to our experienced immigration solicitors. We offer expert help with visa applications, extensions, refusals, appeals, judicial reviews, ILR, and British nationality matters. Call 01614644140 or email info@deluxelawchambers.co.uk to book your consultation

what are the Eligibility Requirements For ILR As A Spouse Under 5 Years Route?

To qualify for Indefinite Leave to Remain ILR Spouse Visa, you must have lived in the UK for five continuous years under the spouse visa route.

To be eligible for ILR as a spouse, you must meet the following key requirements:

• Continuous Residence: You must have resided in the UK for at least 5 continuous years as the spouse of a British citizen or a person settled in the UK.
• Valid Marriage or Civil Partnership: You must be in a valid marriage or civil partnership with your British or settled partner throughout the 5-year period.
• Financial Requirement: You must meet the financial requirement of £18,600 or £29,000 per year depending on when your initial application was made.
• Relationship Requirement: Your relationship with your partner must be genuine and subsisting, and you must demonstrate that you are living together.
• English Language Requirement: You must prove your English proficiency by passing a B1 level English test or holding an exempt qualification.
• Knowledge of Life in the UK Test: You must pass the Life in the UK test, which assesses your knowledge of British history, culture, and laws.
• Good Character Requirement: You must be of good character, with no criminal convictions or other adverse immigration history.

To avoid rejection, ensure that you have held a valid spouse visa for the full five years before applying for ILR. If in doubt, consult an experienced immigration lawyer for guidance on your application.

Supporting Documents For Indefinite Leave To Remain After 5 Years Spouse

When applying for Indefinite Leave to Remain (ILR) after 5 years on a Spouse Visa, you must provide supporting documents to prove your eligibility. These typically include:

• Valid Passport & Biometric Residence Permit (BRP) – Proof of identity and current visa status.
• Marriage or Civil Partnership Certificate – To confirm your relationship with your British or settled spouse.
• Proof of Continuous Residence – Utility bills, tenancy agreements, council tax statements, or official letters covering the full 5-year period.
• Financial Requirement Documents – Payslips, bank statements, P60s, or self-employment tax returns to show a combined income of at least £18,600 or £29,000 per year (depending on when your initial application was made).
• English Language Requirement – An approved B1-level English test certificate or a UK degree qualification.
• Life in the UK Test Certificate – A mandatory test to assess knowledge of British culture and laws.
• Correspondence Addressed to Both Partners – At least six documents from different sources over the past two years, proving you live together.

Providing complete and accurate documents is crucial to avoid delays or refusals. If unsure, seek legal advice before submitting your ILR application.

Financial Requirement for ILR as a Spouse (5-Year Route)

Meeting the financial requirement is a key part of applying for an ILR Spouse Visa under the 5-year route. The financial requirement for applicants after April 2024 is £29,000.

Calculating the Financial Requirement

You must provide evidence that your UK sponsor’s gross annual income meets or exceeds the minimum income threshold, as shown in the table below:

Important: If you are applying with dependent children, the higher income threshold applies until you qualify for settlement — even if a child turns 18 before your ILR application. However, once a dependent child is aged 18 or over, their income and savings can be included when meeting the requirement.

When the Financial Requirement Does Not Apply to a Child

The higher financial threshold does not apply to a child who:

• Qualifies under Part 8 or Appendix Armed Forces of the Immigration Rules where the financial requirement does not apply.
• Is a British Citizen (including an adopted child who has acquired British citizenship);
• Is settled in the UK (holds ILR) or qualifies for Indefinite Leave to Enter (ILE);

Meeting the Financial Requirement – Appendix FM Rules

Under Appendix FM of the Immigration Rules, you must:

• Meet the applicable financial threshold; and
• Follow the rules on:
  • Permitted sources of income and/or savings;
  • The required time periods and permitted combinations of sources;
  • The specific evidence required for each income or savings source.

Income and savings must be:

• In the name of the applicant, their partner, or held jointly;
• From lawful employment or lawful sources;
• Legally held and under the applicant’s or partner’s control.

Income or savings of a dependent child can be included once the child turns 18.

Ways to Meet the Financial Requirement for spouse visa ILR

You can meet the minimum income threshold in five main ways:

• Employment Income – Salaried or non-salaried employment of the partner (and/or applicant if lawfully working in the UK). This falls under Category A or Category B.
• Non-Employment Income – For example, rental income from property or dividends from shares (Category C).
• Cash Savings – Savings above £16,000, held for at least 6 months (Category D).
• Pensions – State, occupational, or private pensions of the partner and/or applicant (Category E).
• Self-Employment or Company Income – Income as a self-employed person or as a director/employee of a specified limited company in the UK (Category F or Category G).

Evidential Flexibility

Under Appendix FM-SE, Home Office caseworkers have some discretion to:

• Accept alternative evidence if documents are not issued in a certain country or have been permanently lost.
• Request missing evidence or a corrected version of evidence within a set deadline;
• Grant an application despite minor evidential problems (but not if required evidence is entirely missing);

Exemption from Financial Requirement – Adequate Maintenance

If your UK sponsor receives one of the following benefits or allowances, you do not need to meet the standard income threshold. Instead, you must show adequate maintenance:

• Carer’s Allowance
• Disability Living Allowance (DLA)
• Severe Disablement Allowance
• Industrial Injuries Disablement Benefit
• Attendance Allowance
• Personal Independence Payment (PIP)
• Armed Forces Independence Payment or Guaranteed Income Payment (Armed Forces Compensation Scheme)
• Constant Attendance Allowance, Mobility Supplement or War Disablement Pension (War Pensions Scheme)
• Police Injury Pension

If the sponsor receives one of these benefits on behalf of a child, the adequate maintenance test still applies. Evidence requirements are set out in Appendix FM-SE.

English Language Requirement for ILR Spouse Visa

You must show that you:

• Are a national of a majority English-speaking country; or
• Have passed an approved B1 level speaking and listening test; or
• Hold an academic qualification recognised by UK NARIC (ENIC) as equivalent to a UK degree and taught in English; or
• Are exempt because you are:
  • Aged 65 or over;
  • Unable to meet the requirement due to a disability;
  • Facing exceptional circumstances.

Life in the UK Test for ILR Spouse Visa

Unless you are over 65 or medically exempt, you must pass the Life in the UK Test before applying for ILR as a spouse.

What are the Rules for absences for ILR Spouse Visa?

From 20 June 2022, new rules for Spouse Visa ILR require applicants to spend a significant amount of time in the UK to prove it is their main residence. You must not be absent for more than 180 days in any 12-month period. Excess absences must be justified with supporting evidence, or your application may be refused.

ILR Spouse Visa Processing Time

The processing time for a spouse visa ILR application is 6 months. Your application may take longer if your case is complex, for example: if your supporting documents need to be verified.

Super Priority Service For ILR Spouse Visa

The Super Priority Service for ILR Spouse Visa allows applicants to receive a decision within 24 hours instead of the standard 6-month processing time. This fast-track option is available for an additional fee of £1000 and can be selected when submitting your application. To qualify, you must attend a biometric appointment at a designated TLS Contact Centre and ensure all required documents are submitted correctly. Choosing the Super Priority Service can help avoid delays and provide peace of mind with a quicker outcome. Our solicitors can assist you with the spouse visa application.

Spouse Visa ILR Fees

The current application fee for an ILR spouse visa is £3,029.

Re-Applying For ILR As A Spouse Under 5 Years Route After The Refusal

If your application for a spouse visa to ILR 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 a spouse within 14 days of your section 3C leave ending. We can provide the required legal help and assistance with re-applying for ILR as a spouse under 5 years route through our Super Priority Service.

Our Fixed Fees For Spouse Visa ILR – SET (M) Application

Our fixed fees for ILR as a spouse (5 years route) from inside the UK are as given in the fee table below:

The agreed fixed fee will depend on the complexity of the application for ILR As A spouse visa UK (5 years route) – SET (M) application and the volume of casework involved in the application. In addition to our fixed fee for ILR as a spouse, the applicant also has to pay the Home office UKVI fees for the application.

Why choose Deluxe Law Chambers For Your UK Visa Immigration Cases?

Looking for trusted immigration solicitors in Manchester or London? At Deluxe Law Chambers, we offer expert legal advice for all UK visa and immigration matters. Our team is here to make your visa application process smooth, simple, and stress-free.

✅ Experienced Immigration Solicitors: Our team has years of experience and stays up to date with the latest UK immigration rules. We give you accurate and honest legal advice.

✅ Personalised Legal Support: Every visa case is different. We take the time to understand your situation and offer solutions that work for you.

✅ Fast Visa Services: Need a quick decision? We offer Priority and Super Priority visa services for faster results.

✅ Online & In-Person Services: We can handle your case online or in person at our Manchester office—saving you time and travel costs.

✅ Open 7 Days a Week: We’re available every day, including weekends, to offer expert immigration advice when you need it most.

✅ Free Initial Advice: Call us for a free 5-minute advice to get started.

✅ Fixed Fees with Instalments: Clear, affordable pricing with the option to pay in two instalments—no hidden costs.

At Deluxe Law Chambers, we are committed to providing professional, fast, and reliable immigration services.

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FAQs

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