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Spouse Visa ILR: Requirements and guidelines

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Applicant can apply for Spouse Visa ILR After spending 5 years (60 months) in the UK as the Spouse of a British citizen or settled person, you may be eligible to apply for indefinite leave to remain in the UK.

In order to qualify for indefinite leave to remain as a Spouse applicant will need to demonstrate, in addition to the above requirements, that:

  • Since you have been in this category they have lived together with their Spouse in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period when they have not done so;
  • They meet the higher English Language requirement that applies to settlement applications.
  • They have passed the Life in the UK test.

If applicant make an application for indefinite leave to remain as a Spouse but do not satisfy the above requirements, UK Visas and Immigration will go on to consider if they meet the requirements for a further extension of stay as a Spouse on Spouse Visa.

Eligibility that must be met by a partner to settle on a 5-year route

All of the following eligibility requirements must also be met to qualify for entry clearance or leave to remain on a 5-year route.

Financial requirement

To qualify for leave as a partner on the 5-year route to settlement the applicant must meet the minimum income requirement. A partner, who is exempt from the minimum income requirement under the financial requirement in Appendix FM (because their partner is in receipt of a specified benefit or allowance), must instead demonstrate that they are able to maintain themselves, the applicant and any dependants ‘adequately’ without recourse to public funds. Specified evidence can be provided by Our Immigration lawyers in London.

Adequate accommodation

To qualify for leave as a partner on the 5-year route to settlement the applicant must meet the accommodation requirement.

The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family (including other family members who are not included in the application but who live in the same household), which the family own or occupy exclusively.

Accommodation will not be regarded as adequate if:

  • it is, or will be, overcrowded
  • it contravenes public health regulations

Speaking English

To qualify for entry clearance or leave to remain as a partner on the 5-year route to settlement the applicant must meet the English language requirement or exemption is met.

An applicant for leave to remain who was exempt from the English language requirement needs to meet some requirements; when they apply for further leave to remain in the UK on the 5-year route to settlement, unless they again qualify for an exemption, on the same or a different basis.

To qualify for indefinite leave to remain as a partner on the 5-year route to settlement the applicant must have sufficient knowledge of language and life (KoLL) in the UK in accordance with Appendix KoLL.

An applicant who met the English language requirement for further leave to remain with a test at CEFR level A1, is not required to pass a level A2 test when they are being granted limited leave to remain.

For further guidance on the KoLL requirement, including exemptions, see:

  • Knowledge of language and life (internal)
  • Knowledge of language and life (external)

From 28 October 2013 all applicants for settlement are required to present a speaking and listening qualification at CEFR level B1 or above and pass the Life in the UK test.

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON – SPOUSE VISA ILR

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and St Petersburg and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).

For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at enquiries@manns-solutions.com or call +44 207 993 63 46.