Understanding the transition from a Spouse Visa to Indefinite Leave to Remain (ILR) is crucial for those who want to permanently settle in the UK, alongside their partner. ILR is a significant status to gain in the UK as it offers permanent residency and grants the holder freedom to live, work, and study in the without instruction.
In this guide we will break down and explain essential information on when to apply for ILR after a Spouse Visa.
Key Information Takeaways
| Point | Detail |
|---|---|
| Eligibility | A minimum of 5 years must be spent on a Spouse Visa to apply for ILR |
| Application Window | Individuals can apply 28 days before the 5-year mark |
| Exceptions | Applicants have up to 14 days to apply after their spouse visa expiry date with a valid reason for delay. |
| British Citizenship | ILR on the souse visa route is the final stage before an individual can apply for British Citizenship via naturalisation |
When to Can I Apply for ILR Spouse Visa Route?
Eligibility for ILR via the spouse visa route is dependant on the applicant completing 5 years on a UK Spouse Visa. This period of time is crucial, as it demonstrates your commitment integrate into UK society alongside your spouse. Individuals aiming to apply for ILR are granted a 28-day window before they hit 5-year mark in which they are still allowed to apply for the ILR status. Applying within this window helps to avoids any complications in the application processing.
Furthermore, applicants are also given a 14 day grace period know as “Section 3C Leave” if their spouse visa passes it’s expiry date, but they have already submitted their application. This regulation extends the applicants visa validity by 2 weeks, allowing them to receive a decision on their application, without becoming an illegal overstayer. This rule however does require the applicant to provide a valid reason for the delayed application.
| Timing | Action |
|---|---|
| 28 days before 5 years | Initiate ILR application |
| Up to 14 days post-expiry | Possible application with valid reason for delay |
The process to ILR mandates that applicants satisfy the outlined criteria and procedural steps, ensuring that applicants are well-prepared and informed.
For a deeper understanding on the full process, you can read our full guide on UK Fiancé to ILR.
Requirements for ILR Application
Obtaining Indefinite Leave to Remain (ILR) requires applicants to meet a variety of criteria designed to substantiate your intention and commitment to integrate into the UK. These requirements include proof of a genuine and subsisting relationship, financial stability, suitable accommodation, and proficiency in English and knowledge of life in the UK.
Genuine and Subsisting Relationship
The foundation of an ILR application is the genuine and subsisting relationship requirement, which means you must show how the relationship between you and your spouse is on going and not fabricated solely form the purpose of immigration purposes. The Home Office will ask for evidence of cohabitation and a shared life between the sponsor and applicant, demonstrating the authenticity of the partnership. Documents such as joint bank statements, lease or mortgage agreements, and other forms of shared financial responsibilities can be used to affirm your claim.
Financial Requirement
Meeting the Financial threshold is a non negotiable requirement for ILR as a spouse, it necessitates that the applicant and the sponsor meet the minimum income threshold of £18,600. However, this requirement is set to increase significantly on April 11th 2024. This ensures that you and your partner can support yourselves and any dependents you have without the ability to access public funds. However, the April changes are also going to remove the additional income requirement of £3,800 for the first child dependant that is currently in place for any children the applicant wants to bring into the UK with them.
Accommodation Requirement
Adequate living and accommodation arrangements must be proven in an ILR application, this has to be achieved in order to comply with UK regulations to ensure your accommodation does not breach public health standards. This factor in the application process necessitates a suitable and stable living environment for you and your partner.
Knowledge of Language and Life In The UK Requirement (KoLL)
The Knowledge of Life and Language in the UK (KoLL) requirement is in place to validate your intention to integrate into UK society through your ability to communicate in the English language and understanding of British life, culture, and history. Passing the Life in the UK test and meeting the English language criteria are both pivotal steps towards achieving ILR.
For further insights into the Spouse Visa route and its path to ILR, you can refer to our detailed explanation here.
The ILR Application Process
The Indefinite Leave to Remain (ILR) application process from a Spouse Visa to permanent residence requires specific actions from the applicant, from filling out the application form to submitting the required documents and biometric information.
Application Form and Fees
The fist form that applicants must submit as a prerequisite to ILR the Form SET(M). Before the submission of the form, an application fee of £2,885 is required to be paid.
Biometric Appointment & Information
Another key part of the ILR application is the collection of your biometric information via a biometric appointment. This involves submitting your fingerprints and a photograph at a UKVI centre (if applying in the UK) or at a VFS or TLS centre for biometric appointments outside the UK. This biometric data is crucial for Home Office to issue your Biometric Residence Permit (BRP card).
What Documents Do I Need?
Applicants will also be required to submit a list of documents in order to further complete your ILR application. These documents can include, but are not limited to:
- Passports or travel documents, encompassing both your and your partner’s, alongside any previous documents used during your UK stay.
- Proof of Cohabitation, evidencing your life shared with your spouse.
- Financial Evidence, such as wage slips and bank statements, validating your economic stability.
- English Language and Life in the UK Test Certificates, attesting to your cultural and linguistic integration.
| Document | Purpose |
|---|---|
| Passports, BRP | Identity and immigration status |
| Cohabitation Proof | Genuine relationship validation |
| Financial Evidence | Economic stability |
| Language and Life Test | Cultural and linguistic integration |
ILR Application Processing Time
The process towards obtaining Indefinite Leave to Remain (ILR) is finalised at the application’s processing phase. Understanding the processing timeline for your application and the potential options for expedited processing can help manage expectations and plan accordingly.
What Is The Processing Time For A UK Spouse Visa?
Typically, the ILR application process is approximately 6 months. This period allows the UK Visas and Immigration (UKVI) department to thoroughly review an application, ensuring that all the criteria and requirements are met and the documentation is in order. It’s essential to note that this timeframe is an estimate, and all visa application processing timeframes are subject to any Home Office Time Delays.
| Processing Stage | Expected Duration |
|---|---|
| Standard Review | 6 months |
| Priority Service | Within 5 working days |
| Super Priority Service | Within the next working day |
Priority Service
For applicants seeking a quicker resolution, the priority service offers an expedited review at an extra cost of £500 per application. This service is particularly beneficial for those with time-sensitive needs or who prefer to minimise the waiting period.
How Can Our Immigration Lawyers Help?
The stakes when applying for Indefinite Leave To Remain in the UK can be high, with permanent residence and a future in the UK on the line.
Our expert spouse visa lawyers can provide specialist legal advice and guidance on your ILR case. We can assist in maximising your applications chances of a successful decision. Our spouse visa lawyers understand the detailed needed for a ILR spouse visa route application, and as such have recorded a 100% success rate in all spouse and family related visa applications in the past 12 months.
Ready to embark on this journey? Contact us today for expert guidance and support in your ILR application.
