Navigating Your Path to Indefinite Leave to Remain (ILR) After a Spouse Visa

Applying for Indefinite Leave to Remain (ILR) in the UK after holding a spouse visa is a crucial step toward securing permanent residency. If you've been living in the UK as the spouse or partner of a British citizen or settled person, understanding the process of applying for ILR is vital. In this guide, we’ll break down everything you need to know about how to transition from a spouse visa to ILR, from eligibility requirements to tips for a smooth application.

What is Indefinite Leave to Remain (ILR)?

Indefinite Leave to Remain (ILR) grants you the right to live, work, and remain in the UK without time limitations. Once you have ILR status, you will no longer be subject to immigration restrictions and can access public services, work freely, and eventually apply for British citizenship. Achieving ILR is a significant milestone in your journey toward becoming a permanent resident of the UK.

Eligibility Criteria for ILR After a Spouse Visa

When applying for ILR after holding a spouse visa, you must meet specific eligibility criteria. These requirements are designed to ensure that you are well-integrated into UK society and that your relationship with your partner remains genuine.

1. Residency Requirement

To be eligible for ILR after a spouse visa, you must have lived in the UK for at least 5 years on this visa route. The UK Home Office allows you to apply up to 28 days before completing your 5-year period.

2. Valid Spouse Visa

Your current spouse visa must be valid when you submit your ILR application. Any breaches of your visa conditions, such as overstaying or working without permission, may negatively impact your application.
 

3. Genuine Relationship

You will need to demonstrate that you are still in a genuine, ongoing relationship with your British or settled spouse. You can do this by providing documents like:

• Marriage or civil partnership certificate.
• Joint tenancy agreements or mortgage statements.
• Utility bills in both names.
• Correspondence or communications with your spouse.

4. Meeting the Financial Requirement

The financial requirement remains a key factor when applying for ILR. You and your spouse must have a combined annual income of at least £18,600. If you have children who are not British citizens or do not have ILR, this threshold increases by £3,800 for the first child and £2,400 for each additional child.

5. English Language Proficiency

To qualify for ILR, you must prove your English language proficiency. You can do this by passing an approved English language test at Level B1 of the Common European Framework of Reference for Languages (CEFR). Alternatively, if you have a degree taught in English, this may also suffice.

6. Life in the UK Test

The Life in the UK Test is a mandatory part of the ILR application process. This test assesses your knowledge of UK history, culture, laws, and values. You must pass this test before you apply for ILR.

How to Apply for ILR After a Spouse Visa

Applying for Indefinite Leave to Remain involves a detailed application process. Ensuring that you follow each step correctly will increase your chances of success.

1. Gather Your Documents

Start by collecting all necessary documents to support your application. Some of the essential documents include:

• Passport and current spouse visa.
• Proof of relationship (joint utility bills, bank statements, tenancy agreements, etc.).
• Financial documents (bank statements, payslips, P60).
• Life in the UK Test pass certificate.
• Proof of English language proficiency.

2. Complete the ILR Application Form (Form SET(M))

The application form you need is the SET(M) form. You can complete it online through the UK Home Office website. Ensure that you fill out the form accurately, as providing incorrect information could result in delays or even rejection of your application.

3. Submit Your Biometrics

Once you've submitted your application, you’ll need to attend a biometric appointment at a UK Visa and Citizenship Application Services (UKVCAS) centre. At this appointment, your fingerprints and a photograph will be taken.

4. Pay the ILR Application Fee

The fee for applying for Indefinite Leave to Remain is currently £2,885. Make sure you also account for the additional costs of the Life in the UK Test and the English language test, if applicable.

Processing Time for ILR Applications

After submitting your ILR application, you can expect a decision within 6 months, though faster processing options are available for an additional fee. While waiting, you can stay in the UK under the conditions of your current visa.

Tips for a Successful ILR Application

• Start early: Begin preparing your documents well in advance of your application deadline.
• Keep records: Maintain thorough records of your relationship, financial situation, and stay in the UK.
• Check your eligibility: Before applying, make sure you meet all criteria, including financial and English language requirements.
• Seek legal advice: If you're unsure about any aspect of the application process, consider consulting with an immigration lawyer to ensure your application is airtight.

What Happens After You Get ILR?

Once granted Indefinite Leave to Remain, you can live in the UK without time restrictions. You’ll receive a Biometric Residence Permit (BRP) confirming your ILR status. You can leave and return to the UK without the need for a visa, though you should not spend more than 2 years outside the UK, or you risk losing your ILR status.

After holding ILR for 12 months, you may become eligible to apply for British citizenship, provided you meet the requirements.

Conclusion: The Path to Permanent Residency

Applying for Indefinite Leave to Remain after a spouse visa is a significant step toward permanent residency in the UK. By carefully meeting the eligibility criteria, preparing the required documents, and ensuring you follow the application process correctly, you can increase your chances of a successful ILR application.

The road to ILR can seem complex, but with the right preparation and understanding, you’re well on your way to securing your future in the UK.