UK Spouse Visa And Settling in the UK
If you want to come to the UK on a Spouse Visa then the likelihood is that you anticipate staying in the UK for life or at least until you retire or your family is grown up.
The Spouse Visa allows you to stay and work in the UK for an initial period of 30 or 33 months. That’s why it is important to understand the need to apply to extend your Spouse Visa and when you can apply to settle in the UK.
In this blog, our Immigration Solicitors go through the steps from Spouse Visa success to your settlement application and what indefinite leave to remain means for you and your family.
UK Online and London-Based Immigration Lawyers and Spouse Visa Solicitors
For Spouse Visa and indefinite leave to remain immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Why is settling in the UK important?
When you settle in the UK, it can give you a feeling of security and belonging to your new country. On a practical basis, it also means:
- You no longer have to apply for Family Visas so you do not need to spend money on Home Office visa application fees or the immigration health surcharge
- Once you have indefinite leave to remain you can go on to apply for British citizenship or dual citizenship
- You no longer have a time-limited right to work in the UK. This means your employer will no longer have to conduct repeat right-to-work checks on your right-to-work in the UK
- If you separate or divorce from your husband or wife you are entitled to stay in the UK as you have indefinite leave to remain. If you are in the UK on a Spouse Visa and your relationship ends you need to notify the Home Office and they will curtail your visa. You then have the option of leaving the UK, switching to a different type of visa or applying to settle in the UK using a domestic violence concession if your marriage ended because of domestic violence
- If you have indefinite leave to remain and your husband or wife passes away you can stay in the UK. If you are in the UK on a Spouse Visa and your partner passes away you need to apply for indefinite leave to remain using the bereavement concession to allow you to stay if you do not meet the 5-year residence requirement
Some of the reasons why you should consider applying to settle in the UK are positive whilst others look at the ‘what if’ scenarios. Spouse Visa Solicitors agree that once you have been in the UK on Spouse Visas for 5 years it is generally best to apply for indefinite leave to remain as soon as you can do so.
The path from Spouse Visa to settlement in the UK
It is important to understand the path from Spouse Visa to settlement in the UK from the outset of your inquiries into applying for a Family Visa. That way you and your sponsoring spouse know exactly what you both need to do to enable you to apply to settle in the UK as quickly as possible.
The path involves 3 steps:
- Apply for a Spouse Visa – valid for 30 months or 33 months if applying from outside the UK
- Apply for a Spouse Visa extension – valid for 30 months
- Apply for indefinite leave to remain – once you meet the 5-year residence requirement
There is a fourth step – if you want to take it. That is applying for British citizenship. You do not have to apply for British citizenship as indefinite leave to remain gives you the right to stay in the UK on an indefinite basis free from immigration control. However, with indefinite leave to remain you don’t get a British passport and if you leave the UK for 2 or more years you have to apply for a Returning Resident Visa.
To complicate things, the 3 steps are not always necessary. For example, if you come to the UK on a Spouse Visa and after a year you decide to separate from your husband because of domestic violence resulting in an injunction order application and no-fault divorce proceedings. Your Spouse Visa Solicitors will advise you to inform the Home Office about your separation and to apply for indefinite leave to remain using the domestic violence concession. You can use this concession to apply to settle even though you have not lived in the UK for 5 years.
Spouse Visa to UK settlement
Switching from a Spouse Visa to settlement in the UK is a big step. The grounds to qualify for indefinite leave to remain depend on the type of visa you are in the UK on. With the Spouse Visa, the eligibility criteria for indefinite leave to remain are:
- You meet the residence requirement – normally 5 years in the UK unless you fall within an exception
- You are in an ongoing relationship with your British citizen or person settled in the UK with indefinite leave to remain or settled status or person with refugee leave or who has been granted humanitarian protection and you intend to remain in your genuine and subsisting relationship
- You and your sponsoring partner are present in the UK when you make your ILR application and can show that you have been living together since you applied for your last visa and that you intend to live together permanently after you have secured indefinite leave to remain
- You meet the financial requirement – the minimum income requirement can be met through your income, your spouse’s salary or a combination of the 2 incomes
- You meet the accommodation requirement
- You have passed the test on knowledge of life in the UK
- You meet the English language requirement
- You have not breached any of the general grounds of refusal for a visa or settlement application
The 5-year residence requirement for an ILR application
After 5 years or 60 months in the UK on a Spouse Visa, you can apply for indefinite leave to remain but you must not have been absent from the UK for excessive periods. The 5 years is referred to as the qualifying period by Home Office officials and Spouse Visa Solicitors.
Long absences from the UK may make Home Office officials question whether you are in a genuine and subsisting relationship and intend to live together. If you have been absent from the UK for long periods it is best to speak to Spouse Visa Solicitors to discuss the timing of your application. Reasonable absences may need to be explained, such as lengthy absences from the UK due to bereavement or illness in the family or work secondments.
The financial requirement
You need to meet a financial requirement or minimum income requirement when you apply for indefinite leave to remain based on having lived in the UK for 5 years on a Spouse Visa.
There has been a lot of publicity about changes to the financial requirement for UK Spouse Visa applicants. Spouse Visa Solicitors say that the government has now clarified that if when you applied for your Spouse Visa the financial requirement was a minimum income requirement of £18,600 per year then that is the financial requirement you need to meet when applying for indefinite leave to remain.
The financial requirement figure will be higher if you have dependent children who are not British citizens. The figure increases by £3,800 for the first child and by an additional £2,400 for each additional child.
There are many ways you can meet the financial requirement when applying for indefinite leave to remain. For example, you can rely on your sponsoring partner’s income, your combined salary or cash savings. If you or your sponsoring spouse has at least £65,000 in cash savings this alone is sufficient to show that you meet the financial requirement. If you don’t have that much in cash savings you may be able to use a combination of salary and savings provided that you or your sponsoring spouse has over £16,000 in savings.
There are several complicated financial requirement rules for the types of income that can be combined and the definition of cash savings. If you are uncertain if you can combine sources of income to meet the minimum income requirement or you do not know if your savings account will be treated as acceptable under the immigration rules then it is best to speak to Spouse Visa Solicitors about how you can meet the financial requirement and how you can prove it to the Home Office.
The accommodation requirement
Adequate accommodation is a requirement even though by the date of your ILR application you will have been living in the UK for 5 years. However, meeting this requirement is not too onerous as you or your sponsor do not have to own property in the UK. The accommodation does need to be suitable for your family, including children living with you, but it can be a home owned or rented by a family member provided it is suitable and is not overcrowded.
The general refusal criteria
It is important to be aware of the Home Office's general refusal criteria for an indefinite leave to remain application as that way you can double down on your efforts not to fall foul of any of these suitability criteria.
For example, your indefinite leave to remain application could be refused on general grounds if you owe money to the NHS or if you have been convicted of a criminal offence and sentenced to a custodial sentence or made false representations in your indefinite leave to remain application.
If there is something in your background that you are concerned about then speak to Spouse Visa Solicitors about whether this may affect your ILR application and your options.
Life in the UK and English language requirement
You may need to sit a life in the UK test and an English language test. You are exempt from the English language test if you are from a majority English language-speaking country or if you have specified qualifications.
Documents needed for your indefinite leave to remain application
The documents needed for your ILR application will depend on your circumstances. You should not assume that you can provide the bare minimum paperwork and get your indefinite leave to remain status. Home Office officials will scrutinise your ILR application and want to see documents supporting what you say.
For example, if you have cash savings over £65,000 you cannot just send a copy of your latest bank statement as the Home Office will want evidence that you have held the money for the required minimum period and to check the source of the funds. Equally, if your sponsoring spouse is self-employed a brief letter from their accountant saying they meet the minimum income requirement will not be sufficient as the Home Office will require more evidence, such as company accounts or tax returns.
Securing indefinite leave to remain is a major step in your life and in your relationship so it is important to understand the rules and prepare for your application. That way you stand the best chance of obtaining indefinite leave to remain and you can then consider if you want to go on to apply for British citizenship.
UK Online and London-Based Immigration Lawyers and Spouse Visa Solicitors
For Spouse Visa and indefinite leave to remain immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
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