It is possible to apply for ILR for a spouse visa after having a spouse or civil partner visa in the UK for five years in a row. Before being eligible to petition for indefinite leave to remain, the spouse’s leave must have been held for precisely five years or sixty months. Along the five-year path to settlement, this time must have also been spent as the spouse of a British national or settled individual.
For spouses and partners of British or settled nationalities in the UK, there are two different settlement routes. The five-year and ten-year routes. In order to determine when you can apply for an ILR for a spouse visa, you should be aware of the path you are taking. There are ways to find out if not. The most obvious would be to look at the correspondence from the Home Office regarding the approval of your most recent application for an extension.
Generally, applicants on a five-year path to settlement must also meet the financial, housing, English language, and relationship standards listed in Appendix FM. You are likely on a five-year path to settlement if you addressed those conditions in your most recent application with the supporting documents.
ILR for spouse visa Requirements
Whether you are on a five-year or ten-year path to settlement, the requirements will be different. The conditions of a five-year settlement path for spouse ILR applications will be discussed in this article. With only minor modifications and changes, the primary conditions for spouse visa ILR are essentially the same as those you would have needed to meet for your initial application as a spouse and any future extensions.
- The financial requirements would need to be met
- The need for accommodations.
- KoLL -Knowledge of English and Life in the UK.
- Relationships are necessary.
- The requirement for absences.
- Your suitability, criminal history, county court judgments against you, outstanding NHS debt, etc., will also be evaluated by the Home Office.
Absences from the ILR application for a spouse visa
Those who apply for ILR based on having a UK spouse visa are not subject to any particular maximum absence limits.
According to the Home Office’s guidance, any absences from the UK for spouse visa ILR must be justified and aligned with the “intention to live together permanently in the UK.” The advice continues by saying that time spent abroad for work-related or partner-related purposes, vacations, training, or even academic pursuits are all acceptable justifications.
Financial requirement ILR for spouse visa
The financial requirements that you had to fulfill for your first application and subsequent extension are fairly similar to those for the ILR for spouse visa.
The applicant’s or their spouse’s wages may be used to satisfy the financial criteria. The same is true for those receiving certain benefits. The method used to determine the necessary amount of funds is the primary difference in the financial requirements for the spouse visa ILR application.
It is important to ensure that you meet the criteria for the financial requirements of the Immigration rules. This will also depend if you are under the old transitional income of £18,600 or subject to the higher amount of £29,000. The income is also likely to increase.
ILR Accommodation Requirement:
The spouse visa requires accommodations. The original application and extension are nearly the same as the ILR application. You will have to demonstrate that there is sufficient space available for the couple and their kids’ sole use. These types of accommodation cannot be “overcrowded” or violate “public health regulations.” On our UK spouse visa page, we go into greater depth about this condition.
ILR for Spouse Visa: English Language Requirement
The English language requirement rises again to B1 CEFR for the spouse leave-based ILR application. You can fulfill the requirement if you:
- Hold a degree from the UK or its equivalent from another country that was taught and researched in English.
- Pass a level B1 English language exam administered by an authorized English test provider.
- Is a citizen of a nation where English is the primary language.
- No need to take the English language exam.
Conclusion:
Gaining Indefinite Leave to Remain (ILR) through a Spouse Visa marks a significant milestone toward permanent residency in the UK. By meeting eligibility criteria, fulfilling residency requirements, and demonstrating financial stability, applicants secure their future. ILR grants freedom to live, work, and thrive in the UK without immigration restrictions.
My Legal Services, an immigration solicitor, has many years of experience preparing hard spouse ILR cases. Our immigration solicitor helps ensure that the application’s supporting documentation satisfies the Immigration Rules’ standards.
