Apply For Indefinite Leave To Remain After 5 Years Spouse
Indefinite Leave to Remain (ILR) is a type of immigration status that allows individuals to live and work in the United Kingdom without any time restrictions. As a spouse of a British citizen or a person settled in the UK, you may be eligible to apply for ILR after residing in the country for at least 5 continuous years.
Indefinite Leave To Remain UK Spouse Requirements
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 demonstrate your proficiency in the English language by passing a recognized English language test or meeting the exemption criteria.
- 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 Spouse Visa ILR Application
When applying for ILR as a spouse, you will need to submit a comprehensive set of supporting documents to demonstrate that you meet the eligibility criteria. These may include:
- Proof of Relationship: Marriage or civil partnership certificate, evidence of cohabitation (e.g., joint bank statements, utility bills, lease/mortgage agreements).
- Proof of Continuous Residence: Passport pages, travel documents, utility bills, council tax statements, bank statements, or payslips covering the 5-year period.
- English Language Proficiency: Certificates from approved English language test providers or evidence of exemption.
- Life in the UK Test: Certificate of passing the Life in the UK test.
- Good Character: Police certificates, character references, and any other relevant documents.
- Financial Requirement: Proof of income, savings, or maintenance from your spouse, if applicable.
Steps to Apply for ILR After 5 Years as a Spouse
The process of applying for ILR as a spouse involves several steps:
- Gather the Required Documents: Collect all the necessary supporting documents as outlined in the previous section.
- Complete the Application Form: Fill out the appropriate application form (currently Form SET(M)) either online or by downloading and printing it.
- Pay the Application Fee: The current fee for an ILR application as a spouse is £2,885. You can pay the fee online or by other approved payment methods.
- Submit the Application: You can either submit your application online or by post, depending on your preference.
- Attend the Biometric Appointment: If submitting your application by post, you will need to attend a biometric appointment to provide your fingerprints and a digital photograph.
- Wait for a Decision: The Home Office will review your application and supporting documents. The processing time can vary, so it’s important to check the current processing times.
- Attend the ILR Interview (if required): In some cases, you may be invited for an interview to verify the information provided in your application.
- Receive the Decision: Once your application is processed, you will receive a decision from the Home Office. If your application is successful, you will be granted Indefinite Leave to Remain.
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.
Spouse Visa ILR Fees
The current application fee for ILR as a spouse 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.
Absences for Spouse Visa ILR application
There are no specified maximum absence limitations for persons asking for ILR based on their UK spouse visa. According to the Home Office’s guidelines, for spouse visa ILR, any absences from the UK must be justified and compatible with the “intention to live together permanently in the UK”. The guidance goes on to say that good reasons may include trips abroad for work or leisure, vacations, training, or even studies.
English Language Requirement For ILR Spouse Visa
For the ILR application based on spouse leave, the English language requirement increases once more to B1 CEFR. The requirement can be satisfied if you:
- Hold a UK degree or overseas equivalent that was taught and researched in English.
- Pass an English language test, level B1, from one of the approved English test providers.
- Is a national majority English speaking country.
- Exempt from the English language test.
Super Priority Service For Spouse Visa ILR
Our spouse visa ILR lawyers can prepare and submit your spouse visa ILR application under super priority service to get you a decision within 24 hours.
If you want to utilise UKVI’s priority services, an additional fee of £1000 must be paid. This fee is in addition to the standard application fee, and it needs to be paid by each applicant on the application, i.e. the main applicant and each dependent applicant.
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