Indefinite Leave To Remain UK Spouse
What is indefinite leave to remain UK Spouse?
In order to qualify for indefinite leave to remain UK Spouse, you must hold Spouse/Civil Partnership in this category continuously for a period of 5 years with your husband or wife in the UK. It is also possible to apply for indefinite leave to remain as a Spouse of your British or settled partner under the 10 year category. Different application forms apply towards the relevant application either under the 5 year or 10 year respective routes. It is important you apply using the correct form otherwise your application may be rejected from the Home Office.
What are the requirements for indefinite leave to remain (ILR) UK Spouse?
You will need to satisfy and meet the following requirements:
- You meet the character suitability requirements under General Grounds of refusal
- You have held 5 years Spouse leave as a partner under the 5 year route for 60 months
- You provide evidence of genuine and subsisting relationship with your husband or wife
- You can meet the financial requirement of £18,600 to demonstrate you will not have recourse to public funds. The minimum financial requirement is higher if there are any dependants applying with you.
- You will be adequately maintained in the UK without recourse to public funds;
- There is adequate accommodation for you and any dependents;
- You speak and understand English language requirement at B1 of CEFR and the Life in the UK test.
- Absences requirement outside of the UK.
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What is meant by genuine and subsisting relationship?
The Home Office must be satisfied that you are in a continued genuine and subsisting relationship with your husband or wife in the UK. The Home Office will need to see documentary evidence that you have been living in the UK with your husband or wife since the grant of your previous leave. Therefore, it is important that you provide recent documents and if applicable evidence of your family or extended family life in the UK.
Do I still need to meet the financial requirements for indefinite leave to remain UK Spouse?
Yes, you will still need to meet the financial requirement of £18,600 or above (if you have dependants) that are applying without recourse to public funds. There are several ways to meet the financial requirement including:
- Income from salaried or non-salaried employment of the partner (and/or the applicant if they are in the UK with permission to work). Maternity allowances are also counted including Bereavement benefits.
- Non-employment income, e.g. income from property rental or dividends from shares.
- Cash savings of the applicant’s partner and/or the applicant, above £16,000, held by the partner and/or the applicant for at least 6 months and under their control. State (UK or foreign), occupational or private pension of the applicant’s partner and/or the applicant.
- Income from self-employment, and income as a director or employee of a specified limited company in the UK, of the partner (and/or the applicant if they are in the UK with permission to work).
Are there any financial requirement exemptions I can rely upon?
If your UK Sponsor – husband or wife is in receipt of the following specified benefits, you will need to fulfil the financial requirement of £18,600 or above if you have dependants applying
- Disability Living Allowance
- Severe Disablement Allowance
- Carer’s Allowance
- Attendance Allowance
- Personal Independence Payment
- Industrial Injuries Disablement benefit
- Police Injury Pension
- Armed Forces Independence Payment or Guaranteed Income Payment under Armed Forces Compensation Scheme
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under War Pensions Scheme
Do I need to pay for the Immigration Health Surcharge, if I paid earlier?
The good news is you will not be required to pay the UK NHS Surcharge fee, which is known as the NHS charge when applying for indefinite leave to remain in the UK .
How much is the Home Office Visa Application Fee?
The Home Office application fee for Spouse ILR application is £2,389 per applicant and you will also need to pay £19.20 towards your biometric fingerprint fee. There is also a option to use the Home Office Fast track service for an additional fee.
What is the absences requirement to qualify for ILR as a Spouse?
Under Appendix FM of the Immigration rules for spouse and partners, the rules make no reference the number of days a applicant should be outside the UK. In other visa categories the applicant must not be outside the UK for more than 180 days in any 12 months period to apply for indefinite leave to remain. That said, this does not mean the visa holder can spend all of their time outside the UK, otherwise they would be at risk of meeting the requirement the relationship is genuine and subsisting with their partner.
If you require any help or clarification about your ILR UK Spouse application, we will be happy to assist
How long does the Process Take?
On average it can take the Home Office between 4-12 weeks to grant you and your dependants to be granted indefinite leave to remain in the UK. In most cases the Home Office can reach a decision a lot quicker.
What are my options after I have been granted ILR as a Spouse?
If you qualify you will be eligible to apply for naturalisation as a British citizen and will need to meet the immigration rules in order to become a British citizen.
How can we help and process your application?
Please feel assured we will include the following:
- Taking detailed instructions from you and advising you about the relevant immigration laws and procedures in relation to your indefinite leave to remain UK spouse application in the UK;
- Assessing and checking your documents and evidence to ensure that your Spouse visa extension application fulfils the relevant requirements, if any documents are missing or additional documents are need
- Advising you if any documents are missing or additional documents are required to support and strengthen your indefinite leave to remain UK Spouse visa application.
- Completing of your entire application process from start to finish
- Preparing a representation letter to the Home Office in support of your application for indefinite leave to remain Spouse UK application.