Spouse Visa to ILR
Applying for Indefinite Leave to Remain (ILR) after spending 5 years under a UK Spouse visa (5-year route) is a significant step towards settlement in the UK.
At Moeen & Co. Solicitors, we understand the complexities of the UK immigration system and can provide expert guidance to ensure a smooth transition from a UK Spouse Visa to ILR. Our team of experienced solicitors is here to guide you through the application process, answer any queries you may have, and provide personalised assistance tailored to your specific needs.
Whether you require assistance with gathering the necessary documentation, preparing the supporting evidence, or filling out the application forms accurately, our team will be with you every step of the way. We will work closely with you, ensuring that your application showcases your eligibility for ILR and meets all the necessary requirements.
If you are considering applying for ILR as a spouse or just need advice, call us at 0203 959 7755 or fill in our contact form to book a consultation.
Table of Contents
- What is indefinite leave to remain (ILR) as a spouse?
- What are the requirements to switch from a Spouse visa to ILR?
- Documents required for ILR as a spouse
- How do you apply to switch from a Spouse visa to ILR?
- How long does it take to switch from a Spouse visa to ILR?
- Indefinite leave to remain priority service
- How much does it cost to switch from a Spouse visa to ILR?
- How can our solicitors help with your ILR application?
- Frequently asked questions
- Contact immigration solicitors in London
What is indefinite leave to remain (ILR) as a spouse?
If you have resided in the UK for at least five years under a valid UK Spouse visa (5-year route), you may be able to apply for indefinite leave to remain. This 5-year period starts from the date the initial spouse visa was granted under 5-year route.
Indefinite Leave to Remain (ILR) is a way to settle in the UK that grants individuals the right to live and work in the UK without any time restrictions.
Indefinite Leave to Remain is a significant milestone on the path to British citizenship. After holding ILR for a specified period, individuals may have the opportunity to apply for naturalization and become British citizens.
If you require expert guidance and support throughout your Spouse visa to Indefinite Leave to Remain transition, contact Moeen & Co. Solicitors at 0203 959 7755. Our team of experienced immigration solicitors is here to provide you with professional assistance and ensure a smooth and successful application process.
What are the requirements to switch from a Spouse visa to ILR?
To apply for Indefinite Leave to Remain (ILR) after spending five years under the UK Spouse visa category, there are specific eligibility criteria that must be met.
These criteria ensure that individuals have fulfilled the necessary requirements to settle in the UK permanently. To successfully apply for ILR, applicants must satisfy the following conditions:
- You must meet continuous residence requirement
- You must have lived in the UK for 5 years under the Spouse visa category
- You must have held a valid Spouse visa throughout your 5-year stay in the UK
- You are still in a genuine and subsisting relationship with your spouse
- You must meet the financial requirements
- You must meet the knowledge of English language requirement
- You must meet the knowledge of life in the UK requirement
You must also meet all the other eligibility requirements depending on your circumstances. Please contact us for an initial assessment to determine your eligibility, and to discuss the options.
Financial requirements if you're on the 5-year route
You and your partner must have a combined income of at least £29,000 gross per year. The minimum income requirement was raised from £18,600 to £29,000 in Spring 2024.
The exact amount varies depending on your circumstances, such as whether you have children or not.
Continuous residence requirement
Applicants must have resided in the UK continuously for a minimum period of 5 years under the Spouse visa category. This means that any time spent outside the UK during this period may impact eligibility and should be kept to a minimum. It is important to maintain a comprehensive record of travel history throughout the 5-year period.
To successfully obtain Indefinite Leave to Remain (ILR) after completing a UK Spouse visa under 5-year route, applicants must meet specific residency requirements. These requirements include:
- A minimum residency period of 5 years on a UK Spouse visa (5-year route). This means that individuals must have continuously lived in the UK for a period of 5 years before being eligible to apply for ILR.
- During the 5-year period, applicants should not have had excessive absences from the UK. The UK Visas and Immigration (UKVI) has specific limits on the number of days applicants can spend outside the UK. To be eligible for ILR, individuals must have spent no more than 180 days outside the country in any consecutive 12-month period.
English language requirement
Applicants aged between 18 to 65 must demonstrate proficiency in the English language by completing an approved English language test at the required level. The test assesses speaking, listening, reading, and writing skills.
If applying for British citizenship or Indefinite Leave to Remain, you can prove your knowledge of English by having an English qualification at B1, B2, C1 or C2 level on the Common European Framework of Reference for Languages ( CEFR ) scale.
Applicants may be exempt from the English language requirement if they hold an academic qualification taught in English or are nationals of certain English-speaking countries.
Knowledge of life in the UK requirement
Applicants must also pass the Life in the UK test, which evaluates knowledge of British traditions, laws, customs, and institutions. This test is designed to ensure that individuals have a good understanding of life in the UK and can fully integrate into British society.
Applicants aged under 18 years, or 65 years or older on the date of their application are exempt from the knowledge of life in the UK requirement.
Meeting these eligibility criteria is important when applying for Indefinite Leave to Remain. Failure to satisfy any of the conditions may result in a rejection of the ILR application. Seeking professional guidance and support from a reputable immigration solicitor, such as Moeen & Co. Solicitors, can significantly increase the chances of a successful ILR application.
Documents required for ILR as a spouse
Applying for an Indefinite Leave to Remain (ILR) as a spouse requires submitting various supporting documents to prove your eligibility. It is essential to have a complete and well-organised document package to ensure a successful ILR application.
When applying for ILR after holding a Spouse visa for at least 5 years, you'll need to provide:
- a current and valid passport with at least 6 months validity remaining
- Biometric Residence Permit (BRP)
- evidence of continuous residence in the UK
- list of absences from the UK
- evidence to demonstrate your genuine and subsisting relationship with your spouse or partner
- proof of meeting the financial requirements, such as income, savings, or other financial support
- evidence of meeting the English language proficiency requirement (unless exempt)
- Life in the UK test certificate
Remember, the document checklist provided above is not exhaustive, and additional documents may be required based on your personal circumstances. Properly preparing your documentation is key to the success of your application. Contact us today to get a comprehensive list of supporting documents.
How do you apply to switch from a Spouse visa to ILR?
To apply for indefinite leave to remain after 5 years spouse visa, the applicant must follow these steps:
- Gather the Required Documents
- Complete the ILR Application Form Online
- Pay the Application Fees
- Submit Your Application
- Follow Up on the Application
Step 1: Gather the Required Documents
Before starting your ILR application, gather all the necessary documents, such as your valid passport, evidence of continuous residence in the UK, and any other supporting documentation required for your specific circumstances. Ensuring you have all the required evidence will streamline your ILR application process.
Step 2: Complete the ILR Application Form Online
Once you have gathered all the required documents, carefully complete the correct ILR application form. Pay close attention to accuracy and completeness, as any errors or missing information can lead to delays or even a refusal. Our team at Moeen & Co. Solicitors is experienced in assisting individuals with their ILR applications and can provide valuable guidance to ensure your forms are completed correctly.
Step 3: Pay the Application Fees
As part of the ILR application process, you will be required to pay the necessary fees. Failure to pay the correct fees may result in your application being rejected.
Please note that these fees are subject to change, and you should always check the most up-to-date information on the UK government's official website before applying for an ILR.
Step 4: Submit Your Application
Once you have gathered all the documents, completed the application form online, and paid the fees, you are ready to submit your ILR application. Ensure that you have uploaded all the required documents and that they are organised. A well-prepared and organised application will improve your chances of a successful outcome and reduce the application processing time.
Step 5: Follow Up on the Application
After submitting your ILR application, it is important to stay informed about its progress. Keep track of any updates or requests for additional information from the Home Office. Our team at Moeen & Co. Solicitors can assist you with managing the application process, ensuring that all communication with the Home Office is handled promptly and effectively.
Immigration rules, requirements, and process may change, so it's important consult with an immigration solicitor to ensure you are following the most up-to-date process for applying for Indefinite Leave to Remain in the UK.
How long does it take to switch from a Spouse visa to ILR?
Once you have applied online to switch from a Spouse visa to an ILR, you should receive a decision on your ILR application within 6 months.
However, this is only an estimate, and actual processing times may vary. During peak periods or if additional checks are required, processing times can be longer.
All the applicants are advised to check the latest information about UK visa application processing time on the official UK government website.
Indefinite leave to remain priority service
If you require a decision on your ILR application urgently, you may be eligible to use the "Super Priority Service" or the "Priority Service", which offers faster processing times for an additional fee. These services aim to provide a decision on your ILR application within 24 hours or 5 working days, respectively.
To get a faster decision on your ILR application, you'll need to pay £1,000 for the "Super Priority Service" or £500 for the "Priority Service" fee per applicant in addition to the ILR application fee.
How much does it cost to switch from a Spouse visa to ILR?
The indefinite leave to remain application fee is currently £2,885 per applicant. You will need to pay an additional fee of £1,000 if applying using the "Super Priority Service" or £500 if applying using the "Priority Service".
Please note that these fees are subject to change, and you should always check the most up-to-date information on the UK government's official website before applying for a visa.
How can our solicitors help with your ILR application?
At Moeen & Co. Solicitors, we are dedicated to providing expert legal advice and guidance throughout the Indefinite Leave to Remain (ILR) process. Our experienced immigration solicitors understand the complexities of ILR applications and can help you navigate the requirements with ease.
Here are some ways in which our team of highly experienced UK immigration solicitors can assist:
- Legal Expertise: Our immigration solicitors have in-depth knowledge of UK immigration laws, policies, and procedures. We can assess your eligibility for ILR, advise you on the most suitable visa option, and ensure that your ILR application complies with all relevant legal requirements.
- Application Preparation: Our immigration solicitors will fill in your ILR application forms accurately and submit them.
- Supporting Documents: We will advise you on the required documents to be submitted in support of your ILR application and ensure that they meet the specific requirements.
- Legal Representation: We can represent you in communications with the UK Visas and Immigration (UKVI) department, embassy, or consulate handling your application. We can correspond with immigration authorities on your behalf, respond to requests for additional information, and address any concerns or queries raised during the processing of your application.
- Appeals and Administrative Reviews: If your ILR application is refused, our immigration solicitors can help you explore options for appealing the decision or requesting an administrative review. We can prepare and submit appeal or review applications, gather additional evidence to support your case and represent you at appeal hearings or review proceedings.
If you have any questions or want assistance with your ILR application, please call our expert immigration solicitors based in London at 0203 959 7755. Alternatively, fill in our online contact form, and one of our UK immigration experts will get back in touch with you soon!
Frequently asked questions
Eligibility criteria for ILR as a spouse include having spent a continuous period of 5 years in the UK under the spouse visa (5-year route), remeeting the financial requirements, passing the Life in the UK test, and meeting the English language requirement.
You must also meet the requirements for your relationship as a spouse or partner.
The earliest you can apply is 28 days before you've been in the UK for 5 years on a Spouse visa (5-year route).
Yes, applicants are typically required to pass the Life in the UK test, which assesses knowledge of British traditions, customs, and values.
Additionally, applicants must meet the English language requirement, which can be fulfilled through various approved English language tests.
If your ILR as a spouse application is refused, it's advisable to seek advice from an experienced immigration solicitor to understand the reasons for refusal and explore available options.
Hiring an immigration lawyer can significantly increase your chances of a successful application. They have expertise in navigating the complexities of UK immigration law, ensuring that your application is complete, accurate, and meets all eligibility requirements.
To schedule a consultation with our immigration solicitor regarding your ILR as a health and care worker application, you can contact us by calling 0203 959 7755. Alternatively, you can fill out the online contact form, and a member of our team will reach out to you promptly to arrange a suitable time for a consultation.
Contact Immigration Solicitors in London
If you need immigration advice or help with any type of UK visa application, British citizenship application or sponsorship licence application, contact our team of immigration solicitors in London on 0203 959 7755 or fill in our enquiry form to get reliable & confidential advice and help you need.
We're authorised and regulated by the Solicitors Regulation Authority (SRA), so you know you're in safe hands.
Legal Disclaimer
The information provided is for general informational purposes only and should not be taken as legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Moeen & Co. Solicitors before making any decisions based on the information provided on this website.
