Apply For Indefinite Leave To Remain After 5 Years Spouse

Indefinite Leave to Remain After 5 Years Spouse visa is an important step 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.

For spouses of British citizens or those settled in the UK, the pathway to ILR offers the opportunity to reside and work in the UK indefinitely. In this guide, we provide a comprehensive overview of how to apply for ILR after five years as a spouse, highlighting eligibility requirements, required documents, application processes, and useful tips for a successful application.

Requirements For Indefinite Leave To Remain After 5 Years Spouse

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 Indefinite Leave To Remain After 5 Years Spouse

When applying for Indefinite Leave To Remain After 5 Years 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 Indefinite Leave To Remain After 5 Years Spouse visa 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 (Decision Within 24 Hours) For ILR As A Spouse [SET (M) Application]

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.

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 £1,400 + 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 Spouse Visa ILR Application?

Choosing the right and best immigration lawyer for your immigration needs can be stressful. While it could seem like a difficult choice, let us simplify things for you. Here are a few good reasons why you should choose Deluxe Law Chambers to assist you with your UK visas and immigration matters.

We have offices in London and Manchester. However, we provide immigration advice and services nationwide.

Our commitment to affordability means that you can receive expert advice without straining your finances. Our success hinges on transparency. We believe in keeping you informed about every step of the process, ensuring that you understand your options and the potential outcomes.

  • REGULATED – We are regulated and approved by the Solicitors Regulation Authority (SRA) to provide immigration advice & services.
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  • TRUST – Our commitment to uphold your trust is unwavering. Our transparency and ethical conduct are treatments for the trust placed in us by our clients.
  • DIRECT ACCESS – At Deluxe Law Chambers as your immigration lawyers, you will have direct access to your qualified lawyer 24/7.
  • REMOTE SERVICES – We are able to provide a fully digital service, and you may never have to visit our offices for 9/10 immigration cases.
  • AFFORDABLE – We are a law firm with an affordable and fixed fee plan. We offer two installments to ensure you can pay easily.

A combination of our rich experience, deep-rooted expertise, trust authority, and unwavering commitment to our clients makes us your best choice.

So, why wait? Take your first step towards a successful immigration application with us.

  1. Spouse Visa Extension
  2. Spouse Visa Entry Clearance
  3. Challenge Visa Refusal
  4. ILR As A Victim of Domestic Violence
  5. Parent of A British Child Visa
  6. Spouse Visa Requirements

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