After five years on a UK Spouse Visa, holders may be eligible to apply for Indefinite Leave to Remain (ILR), which grants them the right to live, work, and study in the UK without time restrictions. This milestone is crucial for those wishing to settle permanently in the UK. Understanding the requirements and application process for a Spouse Visa extension leading to ILR is essential for a successful transition. This article provides an in-depth guide to applying for ILR after holding a Spouse Visa for five years.

What is Indefinite Leave to Remain (ILR)?
Indefinite Leave to Remain (ILR) is an immigration status that allows non-UK nationals to remain in the UK indefinitely. It is a significant step toward British citizenship and provides many benefits, such as access to public funds and healthcare without restrictions. After holding ILR for 12 months, individuals may apply for British citizenship, provided they meet the requirements.

Eligibility Requirements for ILR After 5 Years on a Spouse Visa
To be eligible for ILR after five years on a Spouse Visa, applicants must meet several criteria:

Residency Requirement:

The applicant must have lived in the UK for at least five years continuously on a Spouse Visa.
Relationship Requirement:

The applicant must still be in a genuine and subsisting relationship with their British citizen spouse or partner who has settled status.
The couple must intend to continue living together in the UK.
Financial Requirement:

The sponsoring partner must meet the minimum income threshold of £18,600 per year. This threshold increases by £3,800 for the first child and £2,400 for each additional child.
Income can be from employment, self-employment, savings, or other specified sources.
English Language Requirement:

The applicant must demonstrate proficiency in English by passing an approved English language test at the B1 level or higher or holding a degree taught in English.
Nationals from majority English-speaking countries are exempt from this requirement.
Life in the UK Test:

The applicant must pass the Life in the UK Test, which assesses knowledge of British culture, history, and traditions.
Application Process for ILR After 5 Years on a Spouse Visa
The application process for ILR involves several steps:

Online Application:

Applicants must complete an online application form through the UK government’s official website and pay the ILR application fee.
Gathering Supporting Documents:

Applicants need to provide evidence supporting their application, including proof of relationship, financial documents, accommodation details, English language proficiency, and passing the Life in the UK Test.
Biometric Appointment:

Applicants must attend a biometric appointment to provide fingerprints and a photograph as part of the application process.
Processing Time:

The processing time for an ILR application is typically up to 6 months. However, applicants can opt for a faster service for an additional fee.
Receiving a Decision:

Once the application is processed, applicants will receive a decision. If successful, they will be granted ILR status.
Key Considerations
Application Fees and Costs:

The ILR application fee is substantial, and applicants should also consider the costs associated with the English language test and the Life in the UK Test.
Absences from the UK:

Applicants should ensure that they have not spent more than 180 days outside the UK in any 12-month period during their residency on a Spouse Visa.
Handling Refusals and Appeals:

If the application is refused, applicants can appeal the decision or reapply, addressing the reasons for refusal provided by the Home Office.
Impact of COVID-19:

The COVID-19 pandemic may affect processing times and application procedures, so staying informed about any temporary changes is essential.
Conclusion
Applying for Indefinite Leave to Remain after five years on a Spouse Visa is a crucial step for those wishing to settle permanently in the UK. By understanding the eligibility criteria and following the application process carefully, applicants can enhance their chances of success. It is advisable to seek professional guidance and remain updated on any changes in immigration policies to navigate the complexities of the ILR application effectively.
https://ukimmigrationsolicitors.co.uk/spouse-visa-extension-after-5-years/
https://ukimmigrationsolicitors.co.uk/british-citizenship-fees/