ILR Spouse Visa After 5 Years (Documents & Requirements)

With Deluxe Law Chambers, get guidance on the ILR Spouse Visa process, including eligibility, requirements, and application steps to settle in the UK with your partner.

What Is an ILR Spouse Visa?

The ILR Spouse Visa is an important step for individuals who wish to settle in the UK permanently with their British or settled partner. ILR d(Indefinite Leave to Remain) grants applicants the right to live, work, and study in the UK without immigration restrictions.

If you are currently in the UK on a Spouse Visa, obtaining ILR is the final stage before applying for British citizenship.

Solicitors For Indefinite leave to remain after spouse visa

After spending 5 years in the UK on a spouse visa (or a shorter 2 year period in more exceptional cases – see below), as a spouse, you are eligible to make an application for Indefinite Leave to Remain.

What are the requirements for spouse visa 5 year route to ILR?

To qualify for Indefinite Leave to Remain (ILR) on a Spouse Visa, you must have lived in the UK for five continuous years under the spouse visa route. Time spent on other visa categories, such as a Student Visa, Tier 2 Visa, or PBS Dependant Visa, does not count toward this period. Your residence must be uninterrupted, and you must meet the financial requirement, English language proficiency, and good character criteria. Many applications are refused due to applicants mistakenly believing that time spent on a different visa contributes to the five-year requirement.

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.

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.

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.

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.

English Language and Life in the UK Requirements for ILR

To qualify for Indefinite Leave to Remain (ILR) under the Spouse Visa route, you must demonstrate English proficiency at a minimum CEFR B1 level. You can meet this requirement by:

  • Submitting a national passport from an English-speaking country.
  • Providing a degree certificate taught in English, recognized by NARIC as equivalent to a UK Bachelor’s degree.
  • Presenting an English language test certificate from an approved provider.

If you’re unsure how to fulfill this requirement or gather the necessary documents, expert legal assistance can help guide you.

Additionally, you must prove your Knowledge of Life in the UK by passing a test with an authorized test provider.

Certain applicants may be exempt from these requirements, such as those over 65 or individuals with a mental or physical disability that prevents them from taking the test. If you believe you may qualify for an exemption, consulting an immigration solicitor is advisable to confirm your eligibility before applying for ILR.

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.

Spouse Visa ILR Fees

The current application fee for ILR spouse visa is £2,885. This fee is subject to change, so it’s essential to check the latest fee information on the UK Government website before submitting your application.

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

If your application for ILR as a spouse 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 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 ILR As A Spouse – 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:

Our ServiceOur Fixed Fees Range
Full service for ILR as a spouse – 5 years route [SET (M) Application] from inside the UK to cover all the work until decision by the Home Office, UKVIFrom £1,000 + VAT To £1,200 + VAT

The agreed fixed fee will depend on the complexity of the application for ILR as a spouse (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 Applications?

Are you looking for expert immigration solicitors in Manchester or London to help with your UK visa and immigration matters? At Deluxe Law Chambers, we provide professional, transparent, and affordable legal services to ensure a smooth visa application process.

Why Choose Us?

  • Expert Immigration Solicitors – With years of experience, we stay up to date with the latest UK immigration laws to give you the best legal advice.
  • Personalised Service – Every case is unique. We offer tailored solutions based on your individual circumstances.
  • Fast & Reliable Visa Services – Need a quick decision? We offer Priority and Super Priority visa services for faster processing.
  • Remote Legal Support – Our solicitors can handle your case online, saving you time and travel costs. You can also visit our Manchester office for in-person advice.
  • Open 7 Days a Week – We provide expert immigration advice every day, including weekends.
  • Free Immigration Advice – Get a 5-minute free phone consultation or book a free face-to-face consultation on Saturdays in Manchester (by appointment).
  • Fixed Fees with Instalments – No hidden costs! We offer affordable fixed fees, with the option to pay in two instalments.

Book Your Consultation Today!

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

Let us help you with your UK visa application – contact us today!

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