For latest updates on UK Visa and Immigration, follow us on: Your email address will not be published. The application will be considered in accordance with requirements of the Immigration Rules as set out in Appendix FM of the Immigration Rules. The most fundamental requirement is to have lawfully lived in the UK continuously for a certain period of time.In most instances, a non-EEA person will be able to apply for ILR after five years. Sunrise Solicitors are also members of Immigration Law Practitioners' Association (ILPA). Can’t attend our offices to instruct us for your matter? We can handle your matter remotely! Please use this section of the board for queries about Indefinite Leave to Remain (ILR). There are certain requirements which must be fulfilled for someone to become eligible to apply for Indefinite Leave to Remain. For the applicant to succeed in the ILR application as a spouse under the 5 years route, the applicant must: The applicant must provide evidence that the sponsor's gross annual income is at least: When determining whether the financial requirement is met only the following sources will be taken into account: The applicant will be exempt from meeting the financial requirement of earning £18,600 gross per year if the UK sponsor receives any of the following: Where the exemption from the financial requirement of earning £18,600 applies, the applicant must prove that the household income of the UK sponsor will not be less than what an equivalent British family of that size will receive from Income Support. The application for Indefinite Leave to Remain (ILR) is made online using form SET (M). Time under visas which do not lead to settlement under the standard 5 year route (such as Student/ Tier 4, Tier 1 Post Study etc.) Save my name, email, and website in this browser for the next time I comment. an additional £3,800 for the first Non-EEA child; an additional £2,400 for each Non-EEA additional child; alone or in combination with. You can apply not more than 28 days before the last day of your permitted staying period in the UK. The immigration solicitors at Sunrise Solicitors are experts in dealing with application for Indefinite Leave to Remain (ILR) as a spouse of a person present and settled in the UK. There is also a 10-year ILR route for those who have been in the UK for 10 years under different visa categories. The quality of our service is self-evident from the clients' reviews about the service provided by our immigration solicitors. In addition: You must pass the Life in the UK test and meet English language requirements (further guidance on this is available below). there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK. You can refer to the individual routes or categories to get a more accurate idea of the documents that you need to … can be counted towards 10 year ILR. you haven't taken the Life in the UK test or have not reached 2 years in the UK before you apply).The basics: This way, you will not have to wait for the decision on your application for months (sometimes years). If you did not enter the UK within 3 months of receiving the visa or grant then you will need to extend your stay to complete the 60 months or 5 years. Find out more about the Indefinite Leave to Remain requirements, including the eligibility criteria and application guidelines. Our immigration solicitors can prepare and submit your application for ILR as a spouse under 5 years route to the Home Office, UKVI through Super Priority Service (SPS) and get decision on your immigration application within 24 hours. We have reopened our offices as lockdown restrictions have eased. Hi, My wife is now eligible for ILR After 5 years route and I got BC 3 years ago. Applicants can apply online. The requirements will differ whether applicant is on a 5-year route or a 10-year route to settlement. If you’re on the 2-year route, you must have been living in the UK on that visa for 2 years. Spouse Visa Indefinite Leave to Remain Requirements. Those who have spent a continuous period of 10 years in the UK under different visas may be eligible to apply for ILR under the ‘Long residence’ route. Often it is the culmination of many years of hard work and diligent dedication to ensuring compliance with the strict visa rules in place. This guidance relates to UK spouse visa ILR requirements under 5-year route for the spouse, civil, unmarried and same-sex partner of a person present and settled. In this article, we will explore the requirements of a 5-year settlement route for spouse ILR application. If you’re on the 10-year route, you must have been living in the UK on that visa for 10 years. As the expert immigration solicitors based in London & Manchester, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service (SPS) for ILR as a spouse under 5 years route whereby decision on your application will be made by the Home Office UKVI within 24 hours of the submission of the application at a designated service centre. No Problem! We have a team of experts who provide you with all legal support towards your application process and make your ILR application a success. 6405492). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR). Your permitted time duration in the UK is calculated from either the day you entered the UK or from the day you were granted permission to enter the UK originally, provided you entered the UK within 3 months of the granted permission. They haven't released the SET(M) forms for people on the 5-year route yet... since no one will reach 5 years under the new rules until July 2017. If before February 2020 you were endorsed as ‘promise’, you are now eligible to apply for ILR via the three year route. Dependant visa holders extending after the main applicant has ILR. meet the suitability criteria as set out in Appendix FM of the Immigration Rules; show that he/she has been living with the UK spouse during the last grant of leave as spouse and the relationship of the applicant is genuine and subsisting; demonstrate that the applicant and the UK sponsor intend to live together permanently; meet the financial requirement of earning £18,600 gross per year (or above if there are non-British children), individually or jointly; meet the requirement of adequate accommodation to be accommodated in the UK without any recourse to public funds; prove that the applicant meets the English language proficiency at CEFR level B1 in listening and speaking only; prove that the applicant meets the Life in the UK test requirement. We provide a fast, friendly and affordable service, helping our clients with UK visa applications. ILR or indefinite leave to remain is for people who have immigrated to the UK and don’t have the right of abode in the UK. 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