Indefinite leave to remain as a Spouse

After having spent 5 years in the UK you can apply to live permanently. You can apply for ILR (Indefinite Leave to Remain) in the UK as a spouse of a British Citizen or one who is settled in the UK or one who has refugee status or humanitarian protection in the UK,once you have lived in the UK for 5 years continuously with leave to enter or remain as a partner. If you have stayed in the UK as a fiancé, fiancée or proposed civil partner, you cannot count this while calculating your 5 years stay in the UK..

Eligibility Requirements –

The applicant needs to fulfil the requirements under Appendix FM of the Immigration Rules –

  1. You have held a spouse/civil partner visa in the UK for a consecutive 5 years.
  2. Your partner must be a British citizen or must be settled in the UK.
  3. You and your partner must still be in a genuine and subsisting relationship.
  4. You must prove your intention to live permanently in the UK.
  5. You and your partner must be able to meet the financial requirement. The minimum income requirement is £18,600 when there is no dependent, £22,400 with one non-British child and an additional £2,400 per child thereafter.
  6. There is suitable accommodation in the UK for both of you.
  7. You must meet the English language requirement.
  8. You need to pass life in the UK test.

Those who meet the above conditions are eligible to apply for ILR as a spouse.

If you are unable to meet the requirement then you can apply for discretionary leave to remain under the 10 Year route provided you can fulfil the exception requirements under paragraph EX.1 of Appendix FM of the Immigration Rules.

 Absence allowed during the stay on a spouse visa

There is no specific requirement on what should be the maximum absence time for those applying for ILR after holding a UK spouse visa. However, absence from the UK must be for good reason and it must be consistent with your intent to live permanently together with your partner in the UK.

 When to apply

Spouses or partners of a British citizen or settled persons in the UK can apply for the ILR up to 28 days before they complete 5 years in the UK with the leave to remain in the country.

 Fee and form for ILR spouse visa

Currently, the Home Office charges £2,389 – (fee in 2019) for the ILR spouse visa per applicant. However, the fee may change so you should check it when you are submitting the application.

Decisions can be received in 24 hours from the Home Office if you are willing to pay £800 additional fee.

If you require our professional advice or assistance in applying for your Indefinite Leave to Remain, you can speak with our lawyers on +44 (0) 2034111261.

 

 

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