with leave to enter or remain under a spouse visa. This
application is submitted to the Home Office UKVI in line with the requirements outlined in Appendix FM
of the Immigration Rules. Using the Super Priority Service, you can receive a decision on your ILR
application within 24 hours.
Expert Solicitors for ILR as a Spouse (5-Year Route)
Our team of spouse visa solicitors specializes in ILR applications under the 5-year route. We have
successfully assisted thousands of clients with their ILR spouse applications. Our highly qualified and
experienced solicitors offer fast, friendly, reliable, and fixed-fee advice and legal representation for your
ILR application.
Cost of ILR as a Spouse (5-Year Route)
The fees associated with your ILR application are as follows:
Our Fixed Fees for Your 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:
1- Advising on and checking your documents
2- Completing and submitting the application form online
3- Booking an appointment for biometric enrolment
4- Preparing a support letter for your application
5- Uploading all supporting documents
6- Following up with the Home Office UKVI until a decision is made
The exact fee will depend on the complexity and workload involved in your case. An initial payment of
half our fee is required when we start working on your application, with the remaining balance due
upon final preparation and readiness for submission.
If the full service cost is unaffordable, you can opt for our one-off immigration advice and consultation
service for a fixed fee of £100 (including VAT) or our document checking service for a fixed fee of £300
(including VAT).
UKVI Fees for Your ILR Application
In addition to our fixed fee, you must pay the Home Office UKVI fee of £2,885 for your ILR application.
For a quicker decision, you can opt for the Super Priority Service for an additional fee of £1,000,
ensuring a decision within 24 hours.
To apply for Indefinite Leave to Remain (ILR) as a spouse under the 5-year route from within the UK, you must meet the following criteria:
You must submit a valid ILR application in line with the requirements set out in Appendix FM of the Immigration Rules.
You can apply for ILR 28 days before completing five years in the UK under a spouse visa. At the time of submitting the application online, you should have completed at least 4 years, 11 months, and 2 days in the UK on a spouse visa.
You must currently hold a spouse visa in the UK and apply for ILR before your leave expires.
You must be the spouse of a British citizen, someone with ILR/settled status, an EU national with pre-
settled status, a refugee, a person with humanitarian protection status, or a Turkish Businessperson or
Worker visa holder. The relationship must be genuine and ongoing, with appropriate evidence to
support the genuineness and subsistence of the marriage.
Suitability Criteria
You must meet the suitability requirements specified in Appendix FM of the Immigration Rules.
Financial Criteria
You must meet the financial requirements, which can be fulfilled through:
1- Income from employment or self-employment of the applicant and/or UK sponsor
2- Savings of the applicant and/or the sponsor
3- Rental income of the applicant and/or the sponsor
You must provide evidence of adequate accommodation for the family without recourse to public funds,
ensuring it is owned or exclusively occupied by the family.
English Language Proficiency
You must demonstrate English proficiency at CEFR level B1 as required by the UK Immigration Rules.
Life in the UK Test
You must pass the Life in the UK test.
Super Priority Service for ILR as a Spouse (5-Year Route)
As specialist spouse visa solicitors in London, we are registered with the Home Office, UK Visas &
Immigration (UKVI), and its commercial partners UKVCAS Sopra Steria to offer Super Priority Service.
This service ensures a decision on your ILR application within 24 hours.
Our team can expedite the preparation and submission of your ILR spouse visa application through
Super Priority Service, allowing you to avoid waiting months or even years for a decision.
1. Complete the online application form SET (M) on the UKVI website.
2. Submit the ILR application online and pay the Home Office UKVI fees.
3. Book your biometrics appointment with UKVCAS by creating an account on their web portal.
4. Upload all supporting documents online before your biometrics appointment.
5. Attend your biometrics appointment with your BRP card, passport, and appointment letter.
6. Wait for a decision, which typically takes 3 to 6 months with standard service or 24 hours with
Super Priority Service.
The Home Office UKVI has introduced transitional financial requirements for applicants who made their first application as a fiancé(e), proposed civil partner, or partner before 11 April 2024. According to paragraph E-LTRP.3.5 of Appendix FM of the Immigration Rules, these applicants must meet a financial requirement of £18,600 gross per year, increasing to £29,000 depending on the number of children in the family. Here’s a breakdown of the income requirements based on the number of non-settled/non-British children:
Applicant | Income Required |
---|---|
No children | £18,600 per annum |
1 child | £22,400 per annum |
2 children | £24,800 per annum |
3 children | £27,200 per annum |
1. Employment Income: This includes income from both salaried and non-salaried employment of
the partner, and/or the applicant if they are permitted to work in the UK. This is categorized as
either Category A or Category B, depending on the employment history.
2. Non-Employment Income: This includes income from sources such as property rental or
dividends from shares, referred to as Category C.
3. Cash Savings: Savings above £16,000, held by the partner and/or the applicant for at least six
months and under their control, fall under Category D.
4. Pensions: Income from state, occupational, or private pensions of the partner and/or the
applicant is categorized as Category E.
5. Self-Employment Income: This includes income from self-employment or from being a director
or employee of a specified limited company in the UK. This is categorized as either Category F or
Category G, depending on the financial year(s) being considered.
Adequate Maintenance Requirement for ILR as a Spouse (5-Year Route)
If the partner of the applicant is receiving certain benefits or allowances in the UK, the applicant can
meet the financial requirement by proving "adequate maintenance" instead of meeting the income
threshold of £18,600. These benefits or allowances include:
1- Carer’s Allowance
2- Disability Living Allowance
3- Severe Disablement Allowance
4- Industrial Injuries Disablement Benefit
5- Attendance Allowance
6- Personal Independence Payment (PIP)
7- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces
Compensation Scheme
8- Constant Attendance Allowance, Mobility Supplement, or War Disablement Pension under the
War Pensions Scheme
9- Police Injury Pension
Calculating Adequate Maintenance
The Home Office UKVI uses the following formula to determine if you meet the adequate maintenance
requirement for ILR as a spouse under the 5-year route:
A−B≥CA - B \geq CA−B≥C
Where:
1- A is the net income (after deduction of income tax and National Insurance contributions)
2- B is housing costs (rent and council tax)
3- C 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 and English language requirements unless exempt due to
age or health reasons.
To satisfy the English language requirement, applicants must provide evidence that they:
1. Are nationals of a majority English-speaking country; or
2. 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
3. Hold an academic qualification recognized by UK Ecctis as equivalent to a UK Bachelor’s,
Master’s, or PhD degree, which was taught in English; or
4. Are exempt due to being over 65 years old, having a disability that prevents meeting the
requirement, or facing exceptional circumstances that prevent meeting the requirements prior
to entry to the UK.
Re-Applying for ILR as a Spouse After Refusal
If your ILR application as a spouse under the 5-year route is refused by the Home Office UKVI,
you may have the option to re-apply. This new application must comply with the requirements
specified in paragraph 39E of the Immigration Rules. It is recommended to use the Super Priority
Service for your fresh application to receive a decision within 24 hours.
Appealing Against the Refusal of ILR as a Spouse (5-Year Route)
Should your ILR application as a spouse be refused, and you are granted the right to appeal, you
can file an appeal with the First Tier Tribunal within 14 days of the decision. Grounds for a
successful appeal could include non-compliance with the rules or a violation of your right to
private and family life under Article 8 of the European Convention on Human Rights (ECHR).
Our specialist spouse visa solicitors are equipped to provide the necessary legal representation
for your appeal.
Applying for Naturalisation as a Spouse of a British Citizen
Once granted ILR, you can apply for naturalisation as a British citizen immediately if you have
been legally residing in the UK for at least three years prior to the application. There is no need
to wait 12 months after receiving ILR to apply for naturalisation as a spouse or civil partner of a
British citizen. Our expert team can assist you with the application process.
Other Spouse Visa-Related Services
We offer a range of services related to spouse visas, including:
1- Spouse Visa UK
2- Entry Clearance for Spouse Visa UK
3- Switching to Spouse Visa UK (5 Years Route)
4- Switching to Spouse Visa UK (10 Years Route)
5- Extension of Spouse Visa (5 Years Route)
6- Extension of Spouse Visa (10 Years Route)
7- ILR as a Spouse (10 Years Route)
8- Family Visa UK
9 In-Country Immigration Appeals
To apply for ILR, you must complete 5 years in the UK under the Spouse Visa (5 Years Route). Applications can be submitted within 28 days before completing this period. The process involves completing the SET (M) form online, paying the Home Office UKVI fees, booking an appointment for document verification and biometric enrolment via the UKVCAS portal, and uploading all supporting documents online before attending the biometrics appointment. Decisions are typically received within 24 hours if using the Super Priority Service or within 3 to 6 months for standard service.
You can apply within 28 days before completing 5 years of residence on a spouse visa. The
application is made online using the SET (M) form.
Mandatory Suitability Grounds for ILR Refusal as a Spouse (5-Year Route)
Your application for Indefinite Leave to Remain (ILR) as a spouse under the 5-year route will be refused
on mandatory suitability grounds if any of the following apply:
1- Deportation Order: You are currently subject to a deportation order.
2- Serious Conviction: Your presence in the UK is deemed not conducive to the public good due to
a conviction leading to at least 4 years of imprisonment.
3- Moderate Conviction: Your presence is not conducive to the public good due to a conviction
resulting in imprisonment of less than 4 years but at least 12 months, unless 15 years have
passed since the sentence ended.
4- Lesser Conviction: Your presence is not conducive to the public good due to a conviction leading
to imprisonment of less than 12 months, unless 7 years have passed since the sentence ended.
5- Recent Non-Custodial Conviction: Within the last 24 months, you have been convicted or
admitted an offense resulting in a non-custodial sentence or an out-of-court disposal recorded
on your criminal record.
6- Serious Harm or Persistent Offending: Your presence is not conducive to the public good
because the Secretary of State believes your offending has caused serious harm, or you are a
persistent offender with a particular disregard for the law.
7- Undesirable Conduct: Your presence is not conducive to the public good due to your conduct,
character, associations, or other reasons making it undesirable for you to remain in the UK.
8- Non-Compliance: You have failed, without reasonable excuse, to comply with a requirement to
attend an interview, provide information, provide physical data, undergo a medical
examination, or provide a medical report.
9- Exclusion Under Refugee Convention: The Secretary of State has excluded you under Article 1F
of the Refugee Convention, or has made similar exclusions or decisions under other relevant
provisions indicating you are a danger to the security or community of the UK.
When assessing 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 disregarded.
Discretionary Suitability Grounds for ILR Refusal as a Spouse (5-Year Route)
False Information: False information, representations, or documents have been submitted in
relation to the application, or there has been a failure to disclose material facts.
1- Maintenance and Accommodation Undertaking: A required maintenance and accommodation
undertaking under paragraph 35 of the Immigration Rules has not been provided.
2- Previous False Representations: False representations or a failure to disclose material facts
occurred in a previous application for entry clearance, leave to enter, leave to remain, or a
variation of leave, or in a previous human rights claim, regardless of whether the application or
claim was successful.
3- Document Fraud: You previously made false representations or failed to disclose material facts
to obtain a document from the Secretary of State indicating a right to reside in the UK.
4- Unpaid Litigation Costs: You have failed to pay litigation costs awarded to the Home Office.
5- Unpaid NHS Charges: One or more relevant NHS bodies has notified the Secretary of State that
you have failed to pay charges totaling at least £500 in accordance with the relevant NHS
regulations on charges to overseas visitors.
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