Spouse visa ILR 2023 | spouse Visa To ILR

The spouse visa ILR (Indefinite Leave to Remain) is typically a step in the immigration process that allows spouses of UK residents to settle permanently in the UK. To apply for ILR under a spouse visa, you’ll need to meet certain criteria, such as living in the UK for a specified period, proving your relationship is genuine, and meeting English language and financial requirements.

To apply for as spouse visa ILR, you must have lived in the UK for 5 years under spouse visa route.

To apply for ILR as a spouse, you can call our experienced spouse visa ILR lawyers on 01614644140 or 07827126843. You can book an appointment with our spouse visa lawyers to discuss your indefinite leave to remain application as a spouse.

Applying for Spouse Visa To ILR Under Super Priority Service For Decision Within 24 Hours

You can apply for ILR as a spouse using SET (M) application form online once you have completed 5 years in the UK. You must meet all the requirements to apply for ILR as a spouse of a British citizen under Appendix FM.

Our expert team of spouse visa lawyers specialises in spouse visa ILR applications and we offer fixed fee services for spouse visa ILR application. Our dedicated team of spouse visa ILR application can help you with everything you need to know to apply for indefinite leave to remain.

If you require Immigration Advice Services or help with an immigration problem, please contact +441614644140 or email us at info@deluxelawchambers.co.uk for fast, professional, and affordable immigration advice from our highly experienced UK immigration lawyers. You can book an appointment online for a detailed immigration consultation.

Spouse visa ILR Requirements

The exact spouse visa ILR requirements may slightly vary depending of if you are on a 5 years spouse visa route or 10 years spouse visa route. However, most of the requirements are similar.

To be eligible for indefinite leave to remain as a spouse, you must meet the following requirements:

  • you are still in a genuine and subsisting relationship with your UK partner
  • you meet the financial requirement
  • you have a suitable accommodation available in the UK
  • you meet the English language and life in the UK test requirement
  • there are no reason to refuse your application under general grounds of refusal

You can arrange an appointment or request a call back from our team of immigration lawyers to discuss your spouse visa ILR application.

Financial Requirements for Spouse Visa ILR

One of the most crucial aspects of applying for Spouse Visa ILR is meeting the financial requirements set by the Home Office, UKVI. This ensures that you are capable of supporting yourself and your partner in the UK without the need for public funds.

In order to qualify for Spouse Visa ILR, you must meet the minimum income threshold, which currently stands at £18,600 per annum. This amount may increase depending on the number of dependents you have. You must provide evidence of your income, such as payslips, bank statements, or tax returns, for the preceding six months. If you are self-employed, you will need to submit additional documentation to demonstrate your financial capacity.

In addition to meeting the minimum income threshold, you must also provide evidence of your financial stability. This involves demonstrating that you have been earning the required income for a continuous period of at least six months prior to your application. You can provide any relevant documents that confirm your employment or self-employment status, such as contracts, invoices, or business accounts.

There are exceptions to the minimum income threshold requirement in certain circumstances, such as if your partner is receiving disability-related benefits or you have savings or other sources of income that can be used to support your partner in the UK.

It is important to note that failure to meet the financial requirements can result in the refusal of your Spouse Visa ILR application. Therefore, it is recommended that you seek professional guidance to ensure that your financial documentation is adequate and meets the UK government’s standards.

ApplicantIncome Required
Applicant applying with no children£18,600 gross per annum
Applicant applying with 1 non-settled / non-British child£22,400 gross per annum
Applicant applying with 2 non-settled / non-British children£24,800 gross per annum
Applicant applying with 3 non-settled / non-British children£27,200 gross per annum
Applicant applying with 4 non-settled / non-British children£29,600 gross per annum
Applicant applying with 5 non-settled / non-British children£32,00 gross per annum

The financial requirements for the spouse visa ILR are very similar to those of the initial application and the extension for 2.5 years. In particular, the annual financial requirement amounts to £18,600 for the spouse plus an additional £3,800 for the first child and £2,400 per additional child.

ways to meet The Financial Requirement For ILR from a Spouse Visa

Under Appendix FM of the Immigration Rules, the applicant must meet:

  • the level of the financial requirement applicable to their application; and
  • the requirements specified as to:
    (a) the permitted sources of income/savings; and
    (b) the time periods and permitted combinations of sources applicable to each permitted source relied upon; and
    (c) the evidence required for each permitted source relied upon.

Income and cash savings must be held in the name of the applicant, their partner or on combined names. However, income and cash savings of a dependent child of the applicant can also be included once the child has turned 18 years of age.

All employment or self-employment income must come from working legally. All income and savings must be lawfully.

What is the cash savings requirement for spouse visa ILR?

When applying for spouse visa ILR, the minimum level of savings required to meet the financial requirement is reduced to £34,600.

How can I meet the financial requirement for a spouse visa ILR application?

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.

Accommodation Requirements for Spouse Visa ILR

When applying for Spouse Visa ILR, one of the key requirements is to demonstrate that you and your partner have adequate accommodation in the UK. This means that you must have a suitable place to live, which meets the standards set by the UK government.

The accommodation requirements for Spouse Visa ILR include:

RequirementDescription
Adequate spaceYour accommodation must have enough space for you and your partner, as well as any dependents. This means that there should be separate bedrooms for adults and children, if applicable.
SafetyYour accommodation must be safe and not pose any risks to health or well-being. This includes factors such as fire safety, gas safety, and electrical safety.
ConditionYour accommodation must be in a good state of repair, with no major defects. This means that it should be structurally sound, with no damp or other issues.
Indefinite contract or ownershipIf you are renting your accommodation, you must have an indefinite tenancy agreement, or your landlord must confirm that they have no objection to you continuing to live in the property. If you own your property, you must provide evidence of ownership.

When providing evidence of your accommodation, you may be asked to submit documents such as a tenancy agreement, mortgage statement, or letter from your landlord. You may also need to provide photographs or other evidence to demonstrate that your accommodation meets the requirements.

It is important to note that if you are applying for Spouse Visa ILR on the basis of a child who is already settled in the UK, you do not need to meet the accommodation requirements separately.

Accommodation requirement for ILR as a spouse is similar to the initial spouse visa entry clearance and spouse visa extension. You will need to prove that you have a suitable accommodation which is adequate for the applicant, UK sponsor and their children. The accommodation must not be overcrowded.

Absences requirement for ILR as a spouse

As a spouse or partner visa holder, you don’t need to meet any absences requirement like many other ILR applications. However, you will need to provide a full list of your absences from the UK. This is because the spouse visa holder must intend to live permanently in the UK. Therefore, spending more time outside the UK and less time inside the UK could lead a refusal of your ILR application.

spouse visa ILR lawyers

Relationship Evidence for Spouse Visa ILR

One of the most important requirements for Spouse Visa ILR is providing sufficient evidence of your ongoing and genuine relationship. This evidence helps to demonstrate that your relationship is genuine and subsisting, and that you are living together as a married couple or civil partners.

Some of the key documents that you will need to provide as evidence of your relationship may include:

Type of DocumentExamples
Marriage CertificateA certified copy of your marriage certificate
Joint Bank StatementsRecent bank statements showing joint accounts or direct debits
PhotographsRecent photographs of you and your partner together
CorrespondenceLetters or emails addressed to both of you at the same address
Utility BillsRecent utility bills showing both your names at the same address

It is important to note that providing one type of evidence alone may not be sufficient. Instead, it is recommended to provide a diverse range of documents that show the development of your relationship over time, as well as your shared financial responsibilities.

If you are unable to provide certain types of evidence, it is important to explain why. For example, if you and your partner do not share a bank account, you could provide alternative evidence of shared expenses such as receipts or invoices.

The burden of proof is on the applicant to demonstrate that their relationship is genuine and subsisting, so it is important to seek expert guidance to ensure that you provide sufficient and appropriate evidence for your Spouse Visa ILR application.

To qualify for ILR as a spouse, you must prove to the Home Office that you are in a genuine and subsisting relationship with your UK based partner. This means you partner must be in the UK and you must intend to live together with your partner. This is to avoid in sham marriages for the purpose of obtaining settlement in the UK.

English language requirement for spouse visa ILR

To apply for ILR as a spouse, you will need to pass 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. You can also meet the requirement or seek exemption, if:

  • you are national of majority English speaking country
  • you have an academic qualification recognised by the Eccits
  • you are over the age of 65 or over, or have a disability which prevents you from meeting the requirement.

Life in the UK test requirement

To obtain ILR as a spouse, you will need to pass life in the UK test, unless you are over the age of 65 or have medical reasons to seek exemption from the requirement.

Applying for Spouse Visa ILR: Step-by-Step Process

Once you have met the requirements for Spouse Visa ILR, it’s time to start the application process. Here, we’ll guide you through the step-by-step process of applying for Spouse Visa ILR:

  • Complete the application form: Fill in the Spouse Visa ILR application form online, ensuring that you provide accurate and up-to-date information. Double-check the form before submission to avoid any errors or omissions.
  • Submit supporting documents: Along with your application form, you must submit supporting documents to prove that you meet the Spouse Visa ILR requirements. This includes evidence of your relationship, finances, and accommodation. Ensure that you provide the correct documents as outlined in the Home Office guidelines.
  • Pay the application fee: Pay the Spouse Visa ILR application fee online, which is currently £2,404 per applicant. This fee may change, so ensure that you check the latest fee prior to payment.
  • Attend the biometric appointment: After submitting the application form and paying the fees, you will need to attend a biometric appointment to provide your fingerprints and photograph. This helps to confirm your identity and ensures that your application is processed correctly.
  • Wait for a decision: Once you have completed all the necessary steps, you will need to wait for a decision on your Spouse Visa ILR application. The processing times for Spouse Visa ILR applications can vary depending on the volume of applications being processed. You can check the current processing times on the Home Office website.

Applying for Spouse Visa ILR can be a complex process, which is why it’s important to seek expert guidance to ensure that your application is successful. Our experienced team can guide you through the process and provide you with the support you need to achieve settlement in the UK.

Super priority service for spouse visa ILR

As one of the leading immigration law firm, our experienced immigration lawyers can prepare and submit your spouse visa ILR application to the Home Office under priority service. Under priority service, you will receive the decision on your ILR application within 24 hours after your biometrics. This way you will not have to wait longer for the decision of your settlement application as a spouse.

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.

Spouse Visa ILR Processing Times

Once you have submitted your Spouse Visa ILR application, you will likely be eager to hear back about the decision. Processing times for Spouse Visa ILR applications can vary depending on a number of factors.

The UK Home Office states that most visa applications are processed within 12 weeks, or three months. However, some applications may take longer to process, especially if there are issues with the supporting documentation or if further information is required. In some cases, processing times can extend up to six months or longer.

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 5 years route [SET (M) Application] from inside the UK to cover all the work until decision by the Home OfficeFrom £800 To £1,200

Why choose deluxe law chambers for spouse visa ILR application?

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Frequently asked questions (FAQs)

What is a Spouse Visa ILR?

A Spouse Visa ILR (Indefinite Leave to Remain) allows the partner of a British citizen or settled person to live and work in the UK without any time restrictions. It is a pathway to permanent settlement in the UK.

Can I apply for ILR after 3 years of marriage?

You must complete 5 years of residence in the UK on a spouse visa before applying for the ILR.

What are the spouse visa ILR rules for 2023?

To obtain ILR as a spouse in 2023, you must meet all the requirement of Appendix FM, including financial requirement, English language test, life in the UK test, accommodation requirement and relationship requirement.

How much is ILR fee 2023?

The fee to apply for ILR in 2023 is £2,404.

Can I apply for ILR 28 days before 5 years?

You can make the application up to 28 days before the end of the required qualifying period, but no earlier.