Eligibility for Spouse Visa ILR
After residing in the UK on a spouse or civil partner visa for a continuous period of 5 years, you become eligible to apply for Indefinite Leave to Remain (ILR). This specific visa, often referred to as the spouse visa ILR, requires you to have held the status of a spouse or partner of a British citizen or a settled person for exactly 5 years (60 months). During this time, your stay should have been on the 5-year route to settlement, adhering strictly to the conditions associated with this pathway.
Understanding Settlement Routes
There are two primary settlement pathways for spouses and partners of British nationals or settled persons in the UK: the 5-year route and the 10-year route. Knowing which route you are on is crucial for determining when you can apply for the spouse visa ILR. If you are uncertain, one of the best ways to clarify this is by reviewing the Home Office correspondence you received when your last visa extension was approved.
For those on the 5-year route, there are specific requirements outlined in Appendix FM, which include financial stability, adequate accommodation, proficiency in English, and a genuine relationship. If you met these criteria in your last application, it is likely you are on the 5-year route. Initial and extension applications for this route are typically made using form FLR (M), while the 10-year route applications use form FLR (FP). If there is any doubt about your status, seeking advice from an immigration lawyer is recommended.
Spouse Visa ILR: Key Requirements
When applying for Indefinite Leave to Remain (ILR) as a spouse, the requirements you need to meet will depend on whether you are on the 5-year or 10-year route to settlement. This article focuses specifically on the criteria for the 5-year route to spouse ILR.
Main Requirements for 5-Year Route Spouse ILR
The fundamental criteria for obtaining a spouse visa ILR under the 5-year route closely mirror those you had to meet when you first applied as a spouse and for subsequent extensions. There are, however, a few additional conditions and slight variations to consider:
- Financial Requirement: You must demonstrate a minimum annual income of £18,600.
- Accommodation Requirement: You must provide evidence of adequate living arrangements.
- KoLL (Knowledge of Language and Life in the UK): You need to show proficiency in English and pass the Life in the UK test.
- Relationship Requirement: Proof of a genuine and subsisting relationship with your British or settled partner is essential.
- Absences Requirement: You must account for your time spent outside the UK during your residency.
In addition to these, the Home Office will review your overall suitability, considering factors like any criminal records, county court judgments, or unpaid NHS debts. These aspects are not covered in this article but are critical to the assessment process. The detailed requirements for a spouse visa ILR under the 5-year route are elaborated below. This article was written with the assistance of our marketer, for which we are grateful to him.