Spouse Visa to ILR (Apply to Remain in UK)

Spouse visa to ILR - UK Immigration Solicitors

Overview of Spouse Visa to ILR

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 do 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.

What are the ILR UK Requirements?

The requirements to get Indefinite Leave to Remain after obtaining a Spouse visa differ slightly according to whether you apply for indefinite leave to remain after 5 years spouse visa. However, the general criteria are very similar. To qualify for Indefinite Leave to Remain under the five-year procedure while in possession of a Spouse Visa, you need to:

  • still, be in a true and lasting relationship with your spouse.
  • fulfill the necessary financial requirements;
  • show that you and your spouse have an appropriate place to live for your family;
  • granted permission to stay a partner for 60 months;
  • fulfill the requirements for Life in the UK and English.

  • 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 ILR’s financial standards.
    To reach the minimal 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.

  • Changes happening in spring 2024

  • The income needed for visas will start at £29,000, then go up to £34,500, and eventually £38,700.
  • Apply before spring 2024 to avoid these changes.
  • After spring 2024, you won’t need extra money for each child.
  • If you apply or possess a visa before the income requirement goes up, the old rules will judge you.
  • This also applies to people switching from a different visa later. They’ll be judged by the new rules.

  • Requirements of Accommodations for ILR

    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.

    English Language Requirement Indefinite Leave to Remain Spouse Visa

    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.

    Which Documents are Required for Spouse Visa to ILR?

    For ILR applications, the supporting paperwork must be submitted in a number of ways. All supporting documentation for you and any applying dependents must be supplied. The documents required for the ILR 5 years route:

  • a passport or other legitimate travel authorization
  • details describing and outlining any absences from the UK
  • evidence of passing your English language proficiency exam
  • a certificate of exam completion from the Life in the UK assessment
  • an authorization to reside using biometrics (only if granted)
  • details of the accommodations
  • fill out the Spouse application for indefinite leave of absence (Set M).
  • Instead of being photocopies, all of the documents submitted should be original copies. Your paperwork must be translated into Welsh or English, if they haven’t previously before the Home Office can review them.

    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.

    What is the cost to Apply for ILR as a Spouse Visa Holder? 

    The normal cost for each applicant filing an ILR application on a spouse visa is £2,404. Furthermore, the cost of taking the Life in the UK test is £50. If you fail the Life in the UK exam or if your ILR application is denied, it’s important to note that you won’t receive a refund.

    You can choose a super priority service to expedite the application process if you need a decision on your ILR application to be made more quickly. This entails an extra £1800 for each ILR application that is submitted for review.

    How will a divorce impact my visa for ILR Spouse?

    If you’re on a Spouse visa and you and your spouse decide to divorce, it could affect your permission to stay in the UK. Moreover, if you start divorce proceedings, you need to tell the Home Office right away about the change in your situation. This applies if you’re on a Spouse, Family, or dependent visa. If you’ve lived in the UK for 5 years continuously, you can still apply for Indefinite Leave to Remain as you planned, living independently. But if you haven’t lived here for 5 years yet, you might need to apply for a different visa instead of the Spouse visa.

    Or, if you’re considered a responsible parent for a child you have with your partner, you can apply for a visa using that circumstance. But the child must have lived in the UK for at least 7 years and be a British citizen or have settled status.

    Final Thoughts

    A major step toward obtaining permanent residency in the UK is changing from a Spouse Visa to Indefinite Leave to Remain (ILR). It’s critical to comprehend the effects of numerous factors, including divorce, modifications to immigration laws, and ongoing residency requirements. You can make a smooth transition by being well-informed, getting expert help when needed, and following the required processes. Recall that every step you take will get you one step closer to obtaining residency in the UK and creating a secure future for you and your loved ones.

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