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ILR Spouse Visa -Spouse visa to Indefinite Leave to Remain

You might be able to get Indefinite Leave to Remain in the UK if you have a Spouse Visa.

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What is an ILR Spouse Visa?

You can marry a British citizen or someone with permanent residency in the UK to obtain the right to stay in the country if you are a non-EEA or Swiss national. You are eligible to receive a spouse visa if you take this action. Moreover, you might want to make your residency more permanent when you and your spouse or partner move to the UK. Obtaining ILR through a Spouse Visa will allow you to do this. You can live permanently in the UK under the terms of Indefinite Leave to Remain, or ILR, free from restrictions related to immigration.

When you first get a Spouse Visa, it lasts for two and a half years. Subsequently, you have the option to extend your spouse visa for an additional two and a half years, provided you continue to fulfill the requirements. When that time’s up, you can apply for permission to stay in the country indefinitely. It’s a good idea to apply for that before your Spouse Visa runs out.

If you are interested in applying for Indefinite Leave to Remain, our dedicated immigration solicitors can assist you with every step of the process. Get in touch with our team of experts at 02033844389 right away.

What are the requirements to apply for Indefinite Leave to Remain as a spouse?

The exact requirements for getting Indefinite Leave to Remain after having a Spouse visa are a little different if you are applying for ILR after five or ten years. In general, though, the major indefinite leave to remain UK spouse requirements are pretty much the same.

To get ILR while having a Spouse Visa through the five-year process, you need to:

  • Still be in a real, long-term relationship with your partner;
  • Meet the financial standards; 
  • Show that you and your partner have a good place to live for your family;
  • Have been able to stay together as a couple for 60 months;
  • Follow the English language requirement and pass Life in the UK test.

Genuine Relationship ILR Requirements

You and your spouse must provide proof of your sincere relationship when applying for a Spouse Visa.

The Home Office will assess your situation before granting Indefinite Leave to Remain once you have completed the qualifying period on a spouse visa and now want to switch from a spouse visa to ILR. This implies that you have to be able to prove that your relationship is still going strong and that you still live together with your partner.

You can show your sincere relationship to the Home Office in order to support the ILR spouse visa in a number of different ways. These methods include:

  • Living together
  • A long-term relationship, which includes marriage or civil partnership.
  • Children have a shared responsibility for their care.
  • Shared financial burdens.
  • Moreover, future strategies in place

Financial Requirements for Spouse Visa to ILR

You and your spouse must demonstrate that you both make at least £18,600 per year, which meets the minimum income requirement, in order to be granted permission to stay in the UK on a spouse visa (before April 2024 when amendments take place).

You should factor in an extra £3,800 for the first dependent kid and an additional £2,400 for each subsequent dependent child if you are applying with your dependent. Cash savings are another way you can show that you meet the IRs financial standards.
To reach the minimum income requirement for the Spouse visa to ILR path you can depend on

  • revenue from both self-employment and salaried work;
  • Over £16,000 in cash savings that you and your spouse have owned for at least six months, in any currency;
  • income from sources other than employment, such as rentals, shares, stocks, and investments;
  • maternity benefits or other benefits obtained in the United Kingdom.

Requirements of Accommodations for ILR Spouse Visa

The requirements for providing suitable accommodation while applying for an indefinite leave to remain (ILR) on a spouse visa are nearly the same as those for a partner visa. This implies that you and your spouse must demonstrate that you have adequate housing accessible for your family.

The “public health regulations” must not be broken, and your home must have enough rooms to accommodate your entire family.

ILR Spouse Visa English Language Requirement 

If you possess a spouse visa and are eligible for Indefinite Leave to Remain, you must demonstrate your English language proficiency by passing a secure English language test at least at level B1. These tests are available for you to take:

  • test of Integrated Skills in English
  • graded assessments in Spoken English.
  • IELTS Life Skills Qualification
  • IELTS accreditation
  • Test providers like Trinity College, London provide these exams. Moreover, you must submit a test pass certificate with the necessary paperwork with your Spouse visa ILR application.

If you live in a country where the majority language is English, you might not need to take the test.

Life in the UK Test

It is also necessary for holders of spouse visas to pass the Life in the UK test to be eligible for ILR.

The questions on the Life in the UK test are all related to British culture and way of life. To receive a UK exam pass grade, the test taker must receive at least 75%. Moreover, it may not always be necessary for someone to take the Life in the UK exam. Among them are:

  • The individual is not eighteen years of age or older.
  • They passed the exam prior to the UK.
  • The individual is 65 years of age or older.
  • If you pass the test, you’ll get a certificate. You can use this certificate to show you’re eligible when you apply for Indefinite Leave to Remain.
  • They have a long-term medical or mental illness; if this is the case, you may require documentation from your physician if it prevents you from taking the test.

Absence of ILR Spouse visa applications

If you’re applying for Indefinite Leave to Remain (ILR) through a Spouse Visa, there’s no maximum number of days you can be away. But if you’re applying through a different visa, like a point-based one, you shouldn’t be away from the UK for more than six months in a year.

The Home Office might reject your application if you’ve spent most of your time outside the UK.

You can talk to UK Immigration Solicitors for advice from an immigration lawyer or help with your ILR application. They can help you figure out your situation and assist with your application.