ILR As A Spouse (5 Years Route)

Once you have completed 5 years in the UK with a spouse visa via the 5 years route, you can apply for ILR as a spouse using the SET (M) application form online.

The Home Office UKVI will evaluate the application in accordance with the requirements of the Immigration Rules as set out in Appendix FM of the Immigration Rules.

Our skilled team of spouse visa solicitors in London, Manchester, and Birmingham specialise in 5-year spouse visa ILR applications.

We have successfully assisted thousands of clients with their spouse visa ILR applications over the last five years. Our highly experienced spouse visa solicitors can provide you with quick, pleasant, dependable, and fixed-fee immigration assistance for your spouse visa ILR application.

 Ask our spousal visa solicitors a question for free immigration advice or make an appointment for thorough legal guidance on your ILR application as a spouse.

What are the eligibility requirements for ILR as a spouse under the 5-year route?

The application will be reviewed in accordance with the Immigration Rules, as outlined in Appendix FM of the Immigration Rules.

To be successful in the ILR application as a spouse under the 5-year route, the applicant must:

Meet the suitability criteria set out in Appendix FM of the Immigration Rules; demonstrate that he/she has been living with the UK spouse during the most recent grant of leave as spouse and that the applicant's relationship is genuine and continuing;

Demonstrate that the applicant and the UK sponsor intend to live together permanently; meet the financial requirement of earning £18,600 gross per year (or higher if there are non-British / non-settled children), either individually or jointly, unless an exemption from meeting the financial requirement of £18,600 applies, in which case the applicant should meet the adequate maintenance requirement;

Fulfil the criteria for suitable accommodation to be accommodated in the UK without recourse to public money; demonstrate English language competency at CEFR level B1 in listening and speaking only; demonstrate Life in the UK test requirement

Process of Applying for ILR as a Spouse

When you have spent 5 years in the UK under the Spouse Visa, you can apply for ILR (5 Years Route). According to Home Office UKVI Guidance, an application for ILR as a spouse under the 5 years route can be lodged within 28 days after the completion of 5 years of residence in the UK.

You can apply for ILR as a spouse online by filling out the SET (M) form. Following the submission of the online application, the Home Office UKVI fees are paid online, and an appointment for document verification and biometric registration is scheduled using the UKVCAS online portal.

 Before attending a biometrics enrolment appointment at the UKVCAS application centre, all supporting documents must be uploaded online.

The supporting documents supplied online are validated by UKVCAS officials at the appointment centre, and the applicant's biometrics are enrolled.

An applicant for ILR as a spouse under the 5-year route receives a decision from the UKVI within the UKVI's service requirements for application processing. Those who file for ILR using Super Priority Service typically receive a decision within 24 hours, whereas applicants who utilise ordinary service typically receive a judgement within 3 to 6 months.

What Are the Financial Prerequisites for ILR as a Spouse?

The applicant must show that the UK sponsor's gross yearly revenue is at least equal to the amount shown below:

Applicant Earnings Are Required

An applicant with no children £18,600 gross per year

An applicant with one non-settled / non-British child £22,400 gross per year

An applicant with two non-settled / non-British children £24,800 gross per year

Applicant applying with three non-British children £27,200 gross per year

An applicant with four non-settled / non-British children £29,600 gross per year

An applicant with 5 non-British / non-settled children £32,00 gross per annum

Applicants must meet a higher financial threshold.

When Does a Child's Financial Requirement Not Apply?

A child who meets the following criteria is exempt from the financial requirement:

Is a British citizen (including an adopted child who acquires British citizenship); Is settled in the UK (has ILR in the UK) or qualifies for indefinite leave to enter (ILE); or Qualifies under Part 8 of Appendix Armed Forces of the Immigration Rules in a category where the financial requirement does not apply.

Life in the United Kingdom Test Requirement for ILR as a Spouse Under 5 Years Route

To apply for ILR as a spouse, you must pass the Life in the UK test unless you are over the age of 65 or are seeking an exemption from this requirement owing to medical reasons.

Reapplying for ILR as a Spouse Under the 5-Year Route Following Refusal

If the Home Office, UKVI has refused your application for ILR as a spouse under the 5 years route, and you believe that the decision to refuse your application is valid and lawful, and thus cannot be successfully challenged by way of appeal, you have the option to re-apply for ILR as a spouse within 14 days of your section 3C leave expiring.

Through our Super Priority Service, we may give the necessary legal support and aid with re-applying for ILR as a spouse under the 5-year route.