Applying for Indefinite Leave to Remain After Spouse Visa
If you are living in the UK on a Spouse Visa or you plan to come to the UK on a Family Visa you are likely to want to apply to settle in the UK ASAP.
In this article, our Immigration Solicitors answer your questions on applying for Indefinite Leave to Remain after entry on a Spouse Visa.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
When can I apply for Indefinite Leave to Remain after entry on a Spouse Visa?
When you can apply for Indefinite Leave to Remain after entry to the UK on a Spouse Visa or Family Visa depends on your circumstances.
Normally you need to have been continuously resident in the UK for five years before you can apply to settle. There are concessions in the immigration rules that allow you to make an early application if your sponsoring spouse has passed away or if you have left your spouse because of domestic violence.
If you are applying for ILR under the five-year route you cannot apply too early because if you do your application will be refused by the Home Office. The rules say your application can't be submitted more than 28 days before you meet the requirements. It is a good idea to talk to our Indefinite Leave to Remain Lawyers well in advance of the date for the expiry of your Spouse Visa. We can identify what paperwork you will need to produce to support your application and ensure that your ILR application is submitted before your Spouse Visa expires.
Is Indefinite Leave to Remain the same as British citizenship?
The terminology can be confusing as Spouse Visa Solicitors often talk about settling in the UK. You are settled in the UK if you have either Indefinite Leave to Remain or British citizenship but the two are not the same.
With ILR you are no longer subject to immigration controls and you don’t have to continue to apply for Spouse Visas or pay the immigration health surcharge. You can come and go from and to the UK as you please provided you don’t leave the UK for more than two years. If you are absent for over two years you will need a Returning Resident Visa.
With ILR there is nothing to renew as your leave is indefinite. However, you are not a British citizen and you retain your own nationality. There is no requirement to become a British citizen but some people prefer to do so or want to explore the option of dual nationality where they retain their original nationality and get British citizenship. Not all countries allow dual nationality and your country of origin may not do so.
Some Spouse Visa holders want to secure British citizenship as soon as possible. You can't apply for British citizenship instead of ILR as ILR is the first step in the settlement process to secure British citizenship. However, once you have got your Indefinite Leave to Remain there is no legal requirement to go on to apply for British citizenship – it is entirely down to personal preference. Our British Citizenship Solicitors can advise on your circumstances. For example, they can explain if dual nationality is an option or if British citizenship may be better for you if you might need consular assistance whilst outside the UK or if you are planning to be out of the UK for over two years.
What happens if I apply for ILR and my Spouse Visa expires before I get an ILR decision?
If you have a pending application with the Home Office, you can legally stay in the UK whilst you wait for the Home Office to process your ILR application. You can also continue to work.
You only get that pending application protection if you put your application in for ILR before your Spouse Visa expires so it is best to speak to Indefinite Leave to Remain Lawyers before your Spouse Visa ends to make sure that you are eligible to apply for ILR. For example, you may not meet the eligibility criteria because of lengthy absences from the UK during your five years of continuous residence. Your Immigration Solicitors will then need to look at your options with you as doing nothing will lead you to being classed as an overstayer if your Spouse Visa expires without your either applying for ILR or another visa.
If you want a quick decision on your ILR application you may be able to pay the Home Office an extra fee to use their priority service. You may want to do this if you need to be absent from the UK and therefore need your ILR application processed quickly.
Do I qualify for ILR on the Spouse Visa route?
You will qualify for ILR using the Spouse Visa route if you can show that:
- You and your spouse are in a genuine and subsisting relationship and you intend to continue to live together
- You have lived with your spouse since the grant of your last visa
- You meet the continuous residence requirement of five years – any absences from the UK within those five years must be within amounts permitted in the immigration rules
- You meet the general eligibility criteria for settlement. For example, you have not been convicted of a criminal offence or you have not breached immigration rules
- Meet the financial requirement
- Meet the English language requirement
- Pass the Life in the UK test
Your application will be refused if you do not supply evidence in support. Our Indefinite Leave to Remain Lawyers will go through each of the eligibility criteria with you and explain how they apply to your circumstances and the information and give advice on documents that will need to accompany your ILR application.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
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