Others can apply using the SET (O) form. Find out more about the Indefinite Leave to Remain requirements, including the eligibility criteria and application guidelines. Save my name, email, and website in this browser for the next time I comment. ILR is the final hurdle before applying for British Citizenship. If your original Tier 2 Visa was not granted for five years, you may need to apply for a Tier 2 Visa extension to reach the five-year requirement. Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme. Guide to apply for the UK civil partnership visa. there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK. Those applicants who are either married to or in a civil partnership with a British Citizen or a settled person and they arrived in the UK for permission to stay as a spouse or partner before 9 July 2012 on need to meet 2 years of continuous residence in the UK condition. You can apply for Indefinite Leave to remain ILR after 5 years/ 60 months of continuous residency in the UK in categories such as Appendix FM, Appendix EU, Sole Representative, Tier 1 or Tier 2 categories. an additional £3,800 for the first Non-EEA child; an additional £2,400 for each Non-EEA additional child; alone or in combination with. In addition: You must pass the Life in the UK test and meet English language requirements (further guidance on this is available below). You can use SET (M) form if you are a partner of a British Citizen or one who is settled in the UK. The following visas offer UK settlement, allowing holders to become eligible for ILR after 5 years of lawful status: Tier 1 Entrepreneur Visa Requirements and Guidance. Our immigration solicitors can prepare and submit your application for ILR as a spouse under 5 years route to the Home Office, UKVI through Super Priority Service (SPS) and get decision on your immigration application within 24 hours. This is the most common route of gaining ILR in the UK. ” A person who is eligible to apply for settlement (indefinite leave to remain) on a 5-year route, in an application made from 9 July 2012, should apply for indefinite leave to remain no more than 28 days before their extant leave expires or no more than 28 days before they have completed at least 60 months in the UK with such leave. is exempt from the English language requirement because at the date of application: the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or. Holding ILR allows you to continue to stay in the UK for work, study, or to live in the UK. In this article, we will explore the requirements of a 5-year settlement route for spouse ILR application. Please note that a Dependant visa holder seeking to extend their Dependant visa after the main applicant has been granted ILR (under the standard 5 year route) can only apply for, and be granted, a three year extension. Things have changed after the UK decided to leave the EU in 2018. We have reopened our offices as lockdown restrictions have eased. You can seek support from us anytime during the process of making an application for Indefinite Leave to remain ILR after 5 years. 6405492). This section is relevant irrespective of whether current status is Tiered or Non-Tiered. If you have been living in the UK for 5 years or more and had Indefinite Leave to remain for a minimum of 12 months you may be eligible to apply for Citizenship. The quality of our service is self-evident from the clients' reviews about the service provided by our immigration solicitors. you haven't taken the Life in the UK test or have not reached 2 years in the UK before you apply).The basics: You do not have to wait five years before applying for ILR, as you were previously. The following is a general document checklist for documents that are generally required for Indefinite Leave to Remain (ILR) in 2020: Applicant’s passport (current & valid) Applicant’s travel document (if a passport is not included) For the applicant to succeed in the ILR application as a parent under the 5 years route, the applicant must: meet the suitability criteria as set out in Appendix FM of the Immigration Rules; meet the suitability criteria as set out in Appendix FM of the Immigration Rules; show that he/she has been living with the UK spouse during the last grant of leave as spouse and the relationship of the applicant is genuine and subsisting; demonstrate that the applicant and the UK sponsor intend to live together permanently; meet the financial requirement of earning £18,600 gross per year (or above if there are non-British children), individually or jointly; meet the requirement of adequate accommodation to be accommodated in the UK without any recourse to public funds; prove that the applicant meets the English language proficiency at CEFR level B1 in listening and speaking only; prove that the applicant meets the Life in the UK test requirement. Requirements For ILR As Spouse Under 5 Years Route. Immigration staff guidance on calculating the 5 year continuous period in the UK requirement for an applicant. Tier 2 General visa holders need to have lived in the UK for a qualifying period of 5 years and fulfil several requirements such as minimum annual salary threshold and at the appropriate rate among others. We have a team of experts who provide you with all legal support towards your application process and make your ILR application a success. However, due to coronavirus pandemic, we will continue to deal with most clients remotely through Zoom/Phone/Skype/Emails, etc. We provide a fast, friendly and affordable service, helping our clients with UK visa applications. Your permitted time duration in the UK is calculated from either the day you entered the UK or from the day you were granted permission to enter the UK originally, provided you entered the UK within 3 months of the granted permission. An Indefinite Leave to Remain (ILR) which is also called a UK Settlement Visa is a document that proves its holder has been granted with the immigration status after he / she has lived in the United Kingdom for a specific period of time under a temporary visa, and has shown commitment to the UK. There are other requirements to be met such as Life in the UK test and residency. Your passport or any travel document as your identity proof; Documents such as bank statements or salary slip to prove your current level of income as evidence that you can support yourself and dependents (if any) further; Your “Life in the UK Test” pass notification; and. You must apply before your current visa expires. Sunrise Solicitors is the trading name of Sunrise Solicitors Ltd (company registration no. With new service, only documents it asks are as Mandatory documents 1 The passport issued by India for Mrs x Other documents 1 Mrs x s Life in the UK Test pass notifica.. There are certain requirements which must be fulfilled for someone to become eligible to apply for Indefinite Leave to Remain. Indeed, effective from March 29, 2019, the Innovator visa UK under Appendix W of the Immigration Rules has replaced Tier 1 entrepreneur. The main requirements for spouse visa ILR … 5 Year Route To British Citizenship. Spouse Visa Indefinite Leave to Remain Requirements. The most fundamental requirement is to have lawfully lived in the UK continuously for a certain period of time.In most instances, a non-EEA person will be able to apply for ILR after five years. In this post we look at the immigration routes which permit ILR after 5 years and the requirement for ILR after 5 years to spend not more than 180 days outside the UK in … Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme. Sunrise Solicitors are also members of Immigration Law Practitioners' Association (ILPA). If you did not enter the UK within 3 months of receiving the visa or grant then you will need to extend your stay to complete the 60 months or 5 years. © Sunrise Solicitors 2019 | Privacy Policy, Family Members Of British Citizens & Settled Persons, EU Nationals & Their Family Members - FAQs, Compensation For Unlawful Immigration Detention, Super Priority Service For Decision Within 24 Hours, Home Office, UK Visas & Immigration (UKVI), UK Spouse Visa Entry Clearance (5 Years Route), Switching Into Spouse Visa (5 Years Route), Switching Into Spouse Visa (10 Years Route), Entry Clearance Appeal Against Refusal Of Spouse Visa, Appeal Against Refusal Of Leave To Remain As Spouse, Pre-Action Protocol (PAP) For Judicial Review (JR) Against Certification Of THe Human Rights Claim As Manifestly Unfounded, Judicial Review (JR) In The Upper Tribunal (UT) Against Certification Of THe Human Rights Claim As Manifestly Unfounded, Detailed Immigration Advice For Spouse Visa, Documents Checking Service For Spouse Visa, Switching Into Parent Visa (5 Years Route), Switching Into Parent Visa (10 Years Route), Immigration Solicitors for UK Visas in London, Challenging Immigration Decisions (Refusal Letters), Tier 1 Investor Visa - Frequently Asked Questions (FAQs), Tier 1 Exceptional Talent Visa - Frequently Asked Questions (FAQs), Tier 2 General Migrant - Frequently Asked Questions (FAQs), Tier 2 Minister Of Religion - Frequently Asked Questions (FAQs), Tier 2 Intra Company Transfer (ICT) - Frequently Asked Questions (FAQs), Tier 2 Sportsperson - Frequently Asked Questions (FAQs), Tier 5 Charity Worker Visa - Frequently Asked Questions (FAQs), Tier 5 Religious Worker Visa - Frequently Asked Questions (FAQs), Tier 5 Government Authorised Exchange Scheme Visa - Frequently Asked Questions (FAQs), Tier 5 Creative & SPorting Workers - Frequently Asked Questions (FAQs), Tier 5 International Agreement Visa - Frequently Asked Questions (FAQs), Tier 5 Youth Mobility Scheme (YMS) Visa - Frequently Asked Questions (FAQs), Sole Representative Of Overseas Business Visa - Frequently Asked Questions (FAQs), UK Ancestry Visa - Frequently Asked Questions (FAQs), Domestic Worker Visa - Frequently Asked Questions (FAQs), Turkish Businessperson Visa - Frequently Asked Questions (FAQs), Turkish ECAA Worker Visa - Frequently Asked Questions (FAQs), Permanent Residence (PR) - Frequently Asked Questions (FAQs), Super Priority Service - Frequently Asked Questions (FAQs), Fiancé(e) Visa UK - Frequently Asked Questions (FAQs), Proposed Civil Partner Visa - Frequently Asked Questions (FAQs), Spouse Visa (5 Years Route) - Frequently Asked Questions (FAQs), Spouse Visa (10 Years Route) - Frequently Asked Questions (FAQs), Unmarried Partner Visa (5 Years Route) - Frequently Asked Questions (FAQs), Unmarried Partner Visa (10 Years Route) - Frequently Asked Questions (FAQs), Civil Partner Visa (5 Years Route) - Frequently Asked Questions (FAQs), Civil Partner Visa (10 Years Route) - Frequently Asked Questions (FAQs), Same Sex Partner Visa (5 Years Route) - Frequently Asked Questions (FAQs), Same Sex Partner Visa (10 Years Route) - Frequently Asked Questions (FAQs), Parent Visa (5 Years Route) - Freqently Asked Questions (FAQs), Parent Visa (10 Years Route) - Freqently Asked Questions (FAQs), ILR As A Victim Of Domestic Violence - Frequently Asked Questions (FAQs), ILR As A Bereaved Partner -Frequently Asked Questions (FAQs), Adult Dependent Relative - Frequently Asked Questions (FAQs), Tier 1 Entrepreneur Visa - Frequently Asked Questions (FAQs), Tier 1 Graduate Entrepreneur - Frequently Asked Questions (FAQs), Unlawful Immigration Detention Claims - No Win No Fee Solicitors, Home Office UKVI Fees For Immigration & Nationality Applications, Private Life & Discretionary Leave To Remain (DLR) Applications, Asylum & Humanitarian Protection Applications, UK Passport & Travel Document Applications, Members Of Armed Forces & Their Family Members, Other Miscellaneous Immigration Applications, One-off immigration consultation/advice for ILR as a spouse (5 years route), One-Off Application Checking Service / Documents Assessment, Full service for ILR as a spouse to  cover all the work until decision by the Home Office UKVI. You will become eligible to apply for ILR if you have been in the UK for five years while holding a Tier 2 (General) Visa and you meet the other ILR requirements: You are earning the minimum salary threshold or above You have no unspent convictions You have been living and working in the UK Those who have spent a continuous period of 10 years in the UK under different visas may be eligible to apply for ILR under the ‘Long residence’ route. This way, you will not have to wait for the decision on your application for months (sometimes years). We can handle your matter remotely! Now, the UK has decided to treat the EU, EEA, and Swiss citizens and other non-British citizens equally from the day the UK officially leaves the EU. However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR). Often it is the culmination of many years of hard work and diligent dedication to ensuring compliance with the strict visa rules in place. Hi, My wife is now eligible for ILR After 5 years route and I got BC 3 years ago. So, the only people who can for ILR using the current SET(M) form are those who are still on the 2-year route… ILR or indefinite leave to remain is for people who have immigrated to the UK and don’t have the right of abode in the UK. Applicants can apply online. ‘Indefinite leave to remain’ ‘Indefinite leave to enter’ ‘No time limit’ Your BRP will last up to 10 years and will have an expiry date. You can apply not more than 28 days before the last day of your permitted staying period in the UK. The application will be considered in accordance with requirements of the Immigration Rules as set out in Appendix FM of the Immigration Rules. The Visa Routes To Indefinite Leave to remain Are: Working in the UK for 5 years through a combination of Tier 2 General and Tier 1 General; Complete 5 years on a spouse or unmarried partner visa – FLRM to ILR SETM; Through 5 years with a Tier 1 Entrepreneur visa; Completion of 5 years with an Ancestry Visa You can contact us if you are seeking legal help from immigration lawyers in London or Manchester in relation to your Indefinite Leave to Remain (ILR) as a spouse of a person present and settled in the UK and our immigration solicitors will provide you fast, friendly, reliable, honest and professional immigration service. The application for Indefinite Leave to Remain (ILR) is made online using form SET (M). You must not have spent more than 180 days outside the UK in each of the qualifying period of 5 consecutive years from the date of your application (this requirement is not applicable to Appendix FM route if the couple was living together outside the UK or there are compassionate and compelling circumstances); You are of “Good Character” and your application does not fall under the general grounds for refusal; You have passed the “Life in the UK” test to prove sufficient knowledge about life in the UK; and, You meet the English language requirement at level B1 of the Common European Framework of Reference for Languages. Your email address will not be published. If instructed to represent you regarding your SET (M) application as a spouse, the immigration casework to be carried out by our immigration solicitors will include the following: Our fees for ILR as a spouse under 5 years route are given in the table below:Â. 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