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UK Spouse Visa to ILR

Once you have spent 5 years in the UK on a spouse visa, you can apply for Indefinite leave to remain. UK Spouse Visa to ILR lets you live in the UK permanently without immigration restrictions.

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What are the Requirements to apply for ILR from a Spouse Visa?

If you hold a Spouse visa and are applying for Indefinite Leave to Remain after five or ten years, the requirements differ. However, most requirements are similar.

You must:

 

  • Still be in relationship with your partner;
  • Show that you and your partner can afford family-friendly housing;
  • Have been on a spouse visa for last 60 months;
  • Meet English and UK life requirements.
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Relationship Requirement for Spouse Visa to ILR

You and your partner must prove your relationship to get a Spouse Visa.

Before granting indefinite leave to remain after 5 years spouse visa, the Home Office will review your circumstances. You must live with your partner and prove your relationship is still going strong.

The Home Office accepts several methods to prove a genuine relationship for an ILR spouse visa:

  • Co-habitation
  • marriage or civil partnership
  • Children—shared care
  • Shared finances
  • Planned future together

What is the genuine relationship requirement?

One must prove their relationship with a British citizen partner to get a Spouse Visa UK.

It shows that they’ve spent enough time together to build a real relationship. Several methods demonstrate this.

  • Birth certificates of your children
  • A UK or international joint mortgage or tenancy agreement.
  • Photos of you together
  • Shared savings or bank accounts
  • Social media chats or texts.
  • Proof of a pre-wedding visit.
  • Proof of your UK cohabitation

Financial Requirement for Spouse Visa to ILR

To obtain leave to remain in the United Kingdom on a Spouse Visa, you and your partner must demonstrate a minimum income of £18,600. You can also demonstrate that you meet the ILR’s financial requirements through cash savings.

You can rely on the following to meet the minimum income requirement for the Spouse visa to ILR UK route:

  • Earnings from Salaried employment and self-employment; Cash savings in excess of £16,000 held for at least six months by you and your partner in any currency;
  • Income from rental property, investment, stock, and share income;
  • Maternity benefits or other benefits received in the United Kingdom.

At Nexis Law, we are here to help. Our team of experienced attorneys has a successful track record of helping clients navigate the appeal process and secure favorable outcomes.

Whether you are appealing a visa refusal, an immigration decision, or another legal matter, we can provide you with the guidance and representation you need.

We will work closely with you to understand the specifics of your case, develop a customized strategy, and represent you in the appeal process.

Contact us today to learn more.

Are you looking for help with your ILR Visa  Application?

Are you struggling to navigate the complex application process of ILR UK? Our team of experienced immigration lawyers is here to provide the assistance you need. 

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Absence from UK for ILR Spouse visa Applications

According to UK immigration law, there is no maximum number of absences for spouse visa applicants seeking Indefinite Leave to Remain.

However, if you are applying to settle in the United Kingdom from another Point-based visa, your absences should not exceed six months in any 12-month period. However, if you have stayed abroad then Home office may suspect that your application is not genuine and deny your case.

Nexis law can assist you with your application for Indefinite Leave to Remain or with obtaining a professional evaluation of your situation by an expert UK immigration attorney. One of our immigration attorneys will gladly assist you.

Language requirements for ILR from Spouse Visa

You must pass a secure English language test to level B1 to qualify for Indefinite Leave to Remain as a Spouse visa holder. You may choose from the following examinations:

  • Integrated English Proficiency test
  • Exams in Spoken English for the IELTS Life Skills certificate
  • IELTS certificate

As part of your ILR application for a Spouse visa, you must include a test pass certificate along with the other required documentation.

If you are from a majority-English-speaking country, you may not need to take the exam.

Is Life in the UK test required for ILR?

In order to be granted ILR as a holder of a Spouse visa, you must also pass the Life in the UK test.

The Life in the UK test consists of questions about British customs and way of life. For a candidate to pass a UK test, he or she must achieve a minimum score of 75%.

In certain circumstances, an individual may not be required to take the Life in the UK test. These consist of:

  • The individual is under 18 years old.
  • The person is 65 years of age or older.
  • They passed the test before settling in the United Kingdom.
  • They have a chronic physical or mental condition – If you have a physical or mental condition that may prevent you from taking the exam, you may be required to provide documentation from your physician.

If you pass the exam, you will receive a pass certificate that will serve as evidence to support your ILR application.

What are the documents required for ILR from spouse visa?

For ILR applications, supporting documentation must be submitted in a variety of formats. You must submit documentation for yourself and any dependents who apply. The required documents include:

  • Passport or other acceptable travel documentation
  • Details of and explanations for any absences from the United Kingdom
  • Documentation of your English proficiency at the pass level
  • A certificate of test evidence of passing the Life in the UK examination
  • A BRP
  • Accommodation details
  • Complete the application for indefinite leave to remain for Spouse (Set M)

All of the supplied documents must be originals, not photocopies. For inspection by the Home Office, your documents must be translated into either English or Welsh, if they are not already.

At Nexis Law, we understand that the ILR process can be complex and stressful. That’s why we are here to help. Our team of experienced attorneys has a successful track record of helping clients navigate the appeal process and secure favourable outcomes. 

What is the Fee for ILR?

Indefinite leave to remain fee has recently increased. As a holder of a Spouse visa, the standard ILR application fee per applicant is £2,404.

In addition, the Life in the UK test will cost an additional £50. It is important to note that if your ILR application is denied or if you fail the Life in the UK test, neither fee will be refunded.

If you need a quicker decision on your ILR application, you can select the super priority service, which will expedite the application process. This incurs an additional fee of £800 per ILR application submitted for review.

British citizenship after ILR

indefinite leave to remain in uk is the ideal prerequisite for British citizenship, which is one of its most significant advantages. Citizenship in the United Kingdom grants the same freedom from immigration control as ILR. It also permits the application for a British passport. For those who want to settle in the UK with their spouse, becoming a British citizen can provide peace of mind.

If you want to join the ranks of British citizens, you’ll need to meet a specific set of requirements.

Contact our immigration lawyers today for help determining if you meet the requirements to apply for British citizenship.

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How long does the ILR process take?

The average processing time for an application for Indefinite Leave to Remain is approximately six months. While this is a lengthy application process, you can opt to have a quicker decision made on your behalf by paying an additional £800 per application for the application priority service.

The 6-month timeframe is merely an estimate, and the application process can often be completed faster if you have presented the UKVI with a straightforward case.

In slightly more complicated cases, UKVI may contact you to request additional evidence or documentation. If this is the case, you should present the requested documents without delay. Failure to do so may result in the complete rejection of your application for Indefinite Leave to Remain.

Can I apply for ILR after my divorce on spouse visa?

Your UK Spouse visa may be revoked if you and your spouse divorce after applying.

If divorce proceedings proceed, you must notify the Home Office immediately of the change in your personal circumstances since the time you submitted your Spouse visa application. The same conditions apply to spouses on Family visas and dependents on dependent visas.

If you already have five years of continuous residence in the United Kingdom, you can apply for Indefinite Leave to Remain and live an independent life as planned. If this is not the case, you may be required to apply for a different visa in place of your previous Spouse visa. Alternately, if you are a responsible parent for a child you had with your partner, you can apply for a visa under this circumstance, provided the child has lived in the United Kingdom for at least seven years and is a British citizen or has settled status.

What to do after ILR refusal?

Rejection of your ILR application can be stressful, but it is essential to understand that you can take action.

If your ILR application is denied, you may submit a new application that addresses the reasons for denial. This gives the Home Office the opportunity to reconsider your request.

There are numerous common grounds for refusal, including excessive absences, immigration violations, failure to reveal debt, criminal offense, having failed the English language test, or any other adverse conduct.

If your application is denied, you can consult an immigration attorney for assistance.

Can I apply for ILR If I have a criminal record?

With a criminal background, you might still be eligible to apply for ILR, but you’ll need to be honest about it on your application.

If you fail to disclose these, your ILR application will be denied.

Consult with a trained immigration attorney for more info on how to appropriately report these convictions to the Home Office.

At Nexis Law, we understand that the ILR process can be complex and stressful. That’s why we are here to help. Our team of experienced attorneys has a successful track record of helping clients navigate the appeal process and secure favorable outcomes.  We will work closely with you to understand the specifics of your case, develop a customized strategy, and represent you in the appeal process. Contact us today to learn more about how we can help you in the appeal process.

Frequently Asked Questions (FAQs)

What is the eligibility to apply for ILR?

Spouse Visa holders usually receive ILR after five years:

  • A minimum income of £18,600 (rising per child) is met.
  • No UK or foreign immigration law was broken.
  • The applicant passed the “Life in the UK” and English Language tests.
  • Applicants can provide Biometric Resident data.

If you have a permit other than the Spouse Visa, these conditions could change. Tier 2 General visa holders must meet financial requirements.

Can I get British citizenship by marrying a British?

Following the approval of your application for Indefinite Leave to Remain, you will be able to apply for British citizenship through marriage. The term for this kind of procedure is “British Naturalisation”.

When can I apply for ILR?

If you have lived in the UK on a spouse visa for at least five years or sixty months, you are eligible to apply for indefinite leave to remain after your spouse visa expires.

What is the fee for ILR?

For all Indefinite leave to remain, applicants must pay a one-time application fee of £2,404. Additional fees may apply. E.g., Life in the UK test fee, English language test fee.