This application is made online using the SET (M) form and will be reviewed by the Home Office UKVI according to the guidelines in Appendix FM of the Immigration Rules. If you need a swift decision, you can opt for the Super Priority Service to receive a decision within 24 hours.

decision within 24 hours

Expert Solicitors for ILR as a Same-Sex Partner (5-Year Route)

Our team of experienced family visa solicitors offers expert immigration advice and legal representation on a fixed-fee basis for your ILR application as a same-sex partner. We will handle the preparation and submission of your ILR application to the Home Office UKVI using the Super Priority Service, ensuring a decision within 24 hours. Our firm, Premium Solicitors, is known for its high-quality immigration services, evidenced by our 5-star Google Reviews from 99% of our clients.

Be at least 18 years old and less than 45

Fixed Fees for ILR Application Our fixed fee for handling your ILR application ranges from £1,000 + VAT to £1,500 + VAT. This fee covers all aspects of your application, including advising on and checking documents, completing and submitting the application form, scheduling a biometrics appointment, preparing a cover letter, uploading all supporting documents, and following up with the Home Office UKVI until a decision is made. The exact fee depends on the complexity and workload involved in your case. An initial payment of half the fee is required when we begin work, with the remainder due once the application is ready for submission. If the full service cost is beyond your budget, you can book a one-time immigration advice and consultation for a fixed fee of £100 (including VAT) or an immigration document checking service for a fixed fee of £300 (including VAT).

Obtain a request to apply

UKVI Fees for ILR Application In addition to our fees, you must also pay the Home Office UKVI fee of £2,885 for your ILR application. For a faster decision within 24 hours, you can pay an extra £1,000 for the Super Priority Service.

Be at least 18 years old and less than 45

Super Priority Service for ILR as a Same-Sex Partner (5-Year Route)
As specialist family visa solicitors in London, we are registered with the Home Office, UK Visas & Immigration (UKVI), and UKVCAS Sopra Steria to provide the Super Priority Service. This service ensures that a decision on your ILR same-sex partner visa application is made within 24 hours of submission. Our solicitors can expedite the preparation and submission of your application through this service, significantly reducing the wait time for a decision.

Obtain a request to apply

One-Off Service for ILR Application Submission Through Super Priority Service

Our fast-track immigration solicitors offer a one-off service to submit your completed ILR application via Super Priority Service, guaranteeing a decision within 24 hours. We operate on a "no submission, no fee" basis. If we fail to submit your application within 48 hours of payment, we will refund the full fee without any deductions. Under our Conditional Fee Agreement (CFA), if we successfully submit your application within 48 hours, we charge a fixed fee of £250 + VAT (£300 including VAT). If we do not meet this deadline, you will receive a full refund.

How to Apply for ILR as a Same-Sex Partner (5-Year Route)

To apply for Indefinite Leave to Remain (ILR) as a same-sex partner under the 5-year route, follow these steps:

1. Complete the Online Application: Fill out the SET (M) form on the UKVI website.

2. Submit Your Application: Pay the required Home Office UKVI fees and submit your completed ILR application online.

3. Schedule Biometrics Appointment: Create an account on the UKVCAS web portal and book your biometrics appointment.

4. Upload Supporting Documents: Ensure all supporting documents are uploaded online before your biometrics appointment.

5. Attend Biometrics Appointment: Bring your Biometric Residence Permit (BRP) card, passport, and appointment letter to the biometrics enrolment.

6. Await Decision: The decision on your ILR application will typically take 3 to 6 months if using the standard service, or within 24 hours if you opt for the Super Priority Service.

Requirements for ILR as a Same-Sex Partner (5-Year Route)

To qualify for ILR as a same-sex partner under the 5-year route, you must meet the following criteria:

1. Valid Application: Submit a valid application as per Appendix FM of the Immigration Rules.

2. 5 Years Residence: Apply 28 days before completing 5 years in the UK under a same-sex partner visa, ensuring you have lived in the UK for at least 4 years, 11 months, and 2 days at the time of application.

3. Current Immigration Status: You must currently hold a same-sex partner visa and apply for ILR before your leave expires.

4. Genuine Relationship: Be the same-sex partner of a British citizen, someone with ILR/settled status, an EU national with pre-settled status, a refugee/humanitarian protection status holder, or a Turkish Businessperson or Worker visa holder. Provide evidence of a genuine and ongoing relationship.

5. Suitability: Meet the suitability requirements outlined in Appendix FM.

6. Financial Requirements: Demonstrate financial stability through income from employment or self-employment, savings, or rental income.

7. Accommodation: Show proof of adequate accommodation without relying on public funds for your family and any household members not included in the application.

8. English Language Proficiency: Meet the English language requirement at CEFR level B1.

9. Life in the UK Test: Pass the Life in the UK test.

Income Requirements Based on Family Size

Applicant Required Income
No children £18,600 per year
1 non-settled/non-British child £22,400 per year
2 non-settled/non-British children £27,200 per year
4 or more non-settled/non-British children £29,000 per year

Various Sources of Meeting Financial Requirements

To meet the financial requirements for ILR as a same-sex partner, you can use the following sources:

1. Employment Income: Income from salaried or non-salaried employment of the partner (and/or the applicant, if permitted to work in the UK). This falls under Category A or Category B, depending on the employment history.

2. Non-Employment Income: Income from property rental, dividends from shares, etc. This is categorized as Category C.

3. Cash Savings: Savings of the applicant and/or their partner, above £16,000, held for at least six months under their control. This is Category D.

4. Pensions: State (UK or foreign), occupational, or private pensions of the applicant and/or their partner. This is Category E.

5. Self-Employment Income: Income from self-employment or from being a director or employee of a specified limited company in the UK. This is Category F or Category G, based on the relevant financial year(s).

Exemption from Financial Requirement

If the applicant's partner receives certain benefits or allowances in the UK, the financial requirement can be met by demonstrating "adequate maintenance" instead of the standard income threshold of £18,600 or more. These benefits include:

  • Carer’s Allowance
  • Disability Living Allowance
  • Severe Disablement Allowance
  • Industrial Injuries Disablement Benefit
  • Attendance Allowance
  • Personal Independence Payment (PIP)
  • Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
  • Constant Attendance Allowance, Mobility Supplement, or War Disablement Pension under the War Pensions Scheme
  • Police Injury Pension

Formula for Calculating Adequate Maintenance

The Home Office UKVI uses the following formula to determine adequate maintenance:

A−B≥CA - B \geq CA−B≥C

  • AAA is net income (after deduction of income tax and National Insurance contributions)
  • BBB is housing costs (rent and council tax)
  • CCC is the amount of Income Support an equivalent British family of that size can receive

Life in the UK Test and English Language Requirement

Applicants must meet the Life in the UK test requirement and the English language requirement, unless they are over 65 or exempt due to health reasons.

Are a national of a majority English-speaking country, or

1- Have passed an English language test in speaking and listening at a minimum of level B1 of the Common European Framework of Reference (CEFR) for Languages with a Home Office-approved provider, or

2- Have an academic qualification recognized by UK Ecctis, equivalent to a UK Bachelor's, Master's, or PhD degree, which was taught in English, or

3- Are exempt because they are aged 65 or over, have a disability preventing them from meeting the requirement, or face exceptional circumstances.

Re-Applying for ILR as a Same-Sex Partner After Refusal

If your ILR application is refused and you cannot challenge the decision successfully, you may re-apply. Ensure that the new application meets the requirements outlined in paragraph 39E of the Immigration Rules. It is advisable to use the Super Priority Service for a decision within 24 hours.

Be at least 18 years old and less than 45

Appealing Against the Refusal of ILR as a Same-Sex Partner (5-Year Route)

If your ILR application is refused and you are granted the right to appeal, you must file an appeal with the First Tier Tribunal within 14 days of the decision. The appeal can be based on the grounds that the refusal was not in accordance with the rules or violated your right to private and family life under Article 8 of the European Convention on Human Rights (ECHR). An Immigration Judge will hear the appeal. Our specialist family visa solicitors can provide the necessary legal services to represent you in challenging the refusal.

Obtain a request to apply

Applying for Naturalisation as a Same-Sex Partner of a British Citizen

If you are the same-sex partner of a British citizen, you can apply for naturalisation as a British citizen 12 months after being granted Indefinite Leave to Remain (ILR). To be eligible, you must have been legally residing in the UK for at least five years prior to the application date and must not have been absent from the UK for more than 90 days in the 12 months preceding your application. Our team of specialist family visa solicitors can assist you with your naturalisation application. [Read More]

Other Services Related to Same-Sex Partner Visas

We offer a variety of services related to same-sex partner visas, including:

1- Same-Sex Partner Visa UK

2- Entry Clearance for Same-Sex Partner Visa UK

3- Switching to a Same-Sex Partner Visa (5-Year Route)

4- Switching to a Same-Sex Partner Visa (10-Year Route)

5- Extension of a Same-Sex Partner Visa (5-Year Route)

6- Extension of a Same-Sex Partner Visa (10-Year Route)

7- ILR as a Same-Sex Partner (10-Year Route)

8- Family Visa UK

9- Immigration Appeals UK

Frequently Asked Questions (FAQs) for ILR as a Same-Sex Partner (5-Year Route)

You should complete the SET (M) application form to apply for ILR as a same-sex partner under the 5- year route.

No, you must complete five years of residence in the UK under the 5-year route before applying for ILR as a same-sex partner. Prior to 9 July 2012, it was possible to apply for ILR after two years, but changes in the Immigration Rules in 2012 extended this period to five years.

You will need to pass the Home Office UKVI-approved English test, IELTS Life Skills, at level B1 (listening and speaking only) for ILR as a same-sex partner under the 5-year route.

There are no specific provisions regarding absences from the UK for ILR applications under same-sex partner visas. However, as this visa category is for settlement, you are expected to intend to live permanently in the UK with your sponsor. Long absences could raise questions about your intention to settle permanently. The 180-day absence rule does not apply to ILR applications in this category.

The immigration rules require that an applicant applying for ILR as a same-sex partner under the 5-year route with no dependent children should have a combined (applicant's and sponsor's) salaried income of at least £18,600 gross per year.

If you previously held a same-sex partner visa under the 10-year route for 30 months and have now completed another 30 months under the 5-year route, you cannot combine these periods to apply for ILR. You must complete a continuous 5-year period under the same-sex partner visa 5-year route to be eligible for ILR. Therefore, you will need to apply for another extension under the 5-year route to meet the requirement.

Applying for ILR with a Stepdaughter

If you are completing 5 years under the same-sex partner visa (5-year route) and your stepdaughter joined you in the UK a few years ago, she does not need to complete 5 years to apply for ILR. She can apply for ILR at the same time you do.

Mandatory Suitability Grounds for Refusal of ILR Your application for ILR as a same-sex partner under the 5-year route can be refused on mandatory suitability grounds if any of the following conditions apply:

1- You are currently subject to a deportation order.

2- Your presence in the UK is deemed not conducive to the public good due to a conviction with a sentence of at least 4 years imprisonment.

3- You have been convicted of an offence with a sentence of less than 4 years but at least 12 months, unless 15 years have passed since the end of the sentence.

4- You have been convicted of an offence with a sentence of less than 12 months, unless 7 years have passed since the end of the sentence.

5- Within the 24 months before the application decision, you were convicted of or admitted to an offence resulting in a non-custodial sentence or an out-of-court disposal recorded on your criminal record.

6- Your presence in the UK is not conducive to the public good due to serious harm caused by your offending, or you are a persistent offender showing disregard for the law.

7- Your conduct, character, associations, or other reasons make it undesirable for you to remain in the UK.

8- You failed to comply with requirements to attend an interview, provide information, physical data, or undergo a medical examination or report.

9- The Secretary of State has excluded you from the Refugee Convention or humanitarian protection, or considers you a danger to the security of the UK, or a person who has committed a serious crime.

Discretionary Suitability Grounds for Refusal of ILR

Your application for ILR as a same-sex partner may be refused on discretionary suitability grounds if:

1- False information, representations, or documents were submitted regarding the application.

2- There was a failure to disclose material facts related to the application.

3- A maintenance and accommodation undertaking has been requested and not provided. Additionally, you may be refused on the following grounds:

4- False representations or failure to disclose material facts in previous applications for entry clearance, leave to enter, leave to remain, or in human rights claims.

5- Previous false representations or failure to disclose material facts to obtain documents from the Secretary of State.

6- Failure to pay litigation costs awarded to the Home Office.

7- Outstanding charges of at least £500 from relevant NHS bodies for services provided. When considering whether your presence in the UK is not conducive to the public good, any legal or practical reasons preventing your removal from the UK will be ignored.



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