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An application to transition from a spouse visa to Indefinite Leave to Remain (ILR) is an important step towards gaining permanent residency in the UK and eventually obtaining British citizenship. When granted ILR, you no longer need to renew your visa, but you will be able to live and work in the UK indefinitely. However, in order to smoothly transition from a spouse visa to ILR, certain requirements apply, such as residence, financial security, and many more. This guide provides all of the ILR after spouse visa requirements to ensure a smooth ride when going through this Indefinite Leave to Remain application process.

What is the purpose of ILR after a spouse visa?

The purpose of the ILR after a spouse visa is to provide those with an established family connection in the UK with a route to settle permanently after proving they have integrated into UK society and maintained a stable relationship. Spouse visa holders are usually eligible to apply for ILR after five years of continuous residence with their British partner or partner with settled status. The Home Office has set some criteria ensuring that applicants are able to fulfil all requirements for an Indefinite Leave to Remain application, that is, the financial, residency, and relationship requirements.

It's not a walk in the park, but knowing what the process was will considerably increase your odds of passing the application.

Key Requirements for Spouse Visa Applicants to Transition into ILR

1. Continuous Residence Requirement

Generally, it is a requirement that applicants apply for ILR after getting a spouse visa and shall have continuously lived in the UK for five years, which must be completed within the "5-year route" but not any other visa types. The applicant is, therefore, expected not to spend longer periods outside the UK than allowed. Continuous residence is permissible, provided with some flexibility. However, there are limitations concerning applicants not having spent more than 180 days outside of the UK for five years and twelve months.

The residence rule ensures that applicants have genuinely made the UK their home. Suppose you have exceeded the accepted absence limit. In that case, you might be required to provide additional evidence as to why those absences were necessary since the Home Office scrutinises such extended absences.

2. Financial Requirements for ILR

One of the significant ILRs after spouse visa conditions is the financial condition. It ensures that you and your spouse have enough income to cater to your needs without relying on public funds. In the year 2024, in most cases, the income cap for applicants is £18,600 per year but will be higher if any dependent children are included as well. This income will be derived from employment and self-employment or at least cash savings that stand at a certain threshold value.

If you are self-employed, you will need to create more detailed financial records than tax returns or a business income statement to support your claim that you have been earning a stable income. Financial documents should be precise and free of errors, as errors can delay or even cause the application for ILR to be refused.

3. Proof of Relationship and Genuine Cohabitation

You need to prove to the Home Office that you are a couple living together and both of you intend to continue so. The Home Office requests proof that you and your spouse have been living together since your last renewal of the visa. Some proofs of shared finances, joint tenancy agreements, shared utility bills, or other cohabitation proof can be used to support your application.

If you were separated from your partner for any period of time, you may need to bring additional documents to explain why. This is because, for long periods of separation, there is a question of whether your relationship is stable enough.

 

Step-by-Step Process for Completing the ILR Application

Step 1: Prepare Required Documents

All the necessary documents must be in order to file an Indefinite Leave to Remain application successfully. The necessary documents are as follows:

  • Proof of Income: Payslips, tax returns, or records of self-employment income, if applicable.

  • Proof of Residence: Utility bills, bank statements, or other official correspondence in your and your spouse's name for the entire qualifying period.

  • Proof of Relationship: Marriage certificate, photographs, and correspondence showing you and your spouse have lived together.

  • Accommodation Documents: Tenancy agreements, mortgage statements, or ownership deeds proving adequate living arrangements.

Organising these in advance will save you ample time and avoid last-minute challenges in your ILR application process.

Step 2: Filling out the SET(M) Application Form

For spouse visa holders, the ILR application must be done using the SET(M) form. The SET(M) form is accessible on the Home Office website and requires detailed information regarding your personal history, income, residence, and relationship with your spouse. The application fee for Indefinite Leave to Remain is £2,885 per person. You can pay extra for priority services if you want a quick decision.

Double-check all the information you have filled out on the form to ascertain it is consistent with all supporting documents, as inconsistent documents may be delayed. Carefully read each question on the form since you need to provide honest and correct information.

Step 3: Language and Knowledge Requirements

Most applicants have to show proficiency in the English language and pass the Life in the UK test before being granted ILR after completing the spouse visa requirements. The Life in the UK test tests knowledge of British history, values, and culture. It has to be passed at an approved test centre. In addition to the above, applicants must meet an English language requirement, most usually by passing a speaking and listening test at the B1 level.

Age and physical/mental conditions may exempt some applicants from these requirements, especially if their degree was taught in English. Confirming eligibility for any exemptions can make your application process easier, but if you are required to meet these requirements, make sure you schedule the test well before applying.

Step 4: Attend the Biometrics Appointment

An Indefinite Leave to Remain application requires biometrics, fingerprints and a digital photograph. Immediately after you fill in the SET(M) form, you also pay the application fee and book an appointment for biometrics at any UK Visa and Citizenship Application Services centre. During your appointment, you will take all of your supporting documents, and, as confirmed by UKVI, you should submit some of them in advance via the Internet ahead of time.

Take all the original copies to your biometrics appointment so you can present them to clear information on your ILR application. Delays will occur with non-comprehensive records or without some necessary documentation. Thus, be sure that such records meet the needs and requirements of the Home Office.

Step 5: Waiting for a Decision

After completing all the processes, including the biometrics, you wait for the Home Office to review and decide on you. This can take months on average, though priority and super-priority service users are usually seen quicker. During this period, it is also advisable that you avoid making any unnecessary travels outside of the UK, as leaving the country may put a stop to your application.

Upon a successful Indefinite Leave to Remain application, you are provided with a Biometric Residence Permit confirming your status as an ILR holder. With ILR, one is free to live, work, and study in the UK for life. One can also apply for British citizenship if one meets the eligibility requirements.

Get ILR Assistance

This is one of the biggest steps toward securing permanent residency in the UK. Still, strict attention to the details and a full appreciation of ILR after spouse visa requirements are required. Careful preparation of documentation, meeting all residency and financial conditions, and ensuring that all points in the Indefinite Leave to Remain application are captured will help you achieve the desired outcome. For individualised support, A Y & J Solicitors can guide you through the application process for ILR and ensure that you will not have any issues meeting all the standards at the Home Office.

A Y & J Solicitors is a specialist immigration law firm with extensive experience with an Indefinite Leave to Remain application. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us at +44 20 7404 7933. We’re here to help!