Applications for ILR must be made in accordance with the individual circumstances of the persons, which means that being in a civil partnership with or married to someone who is a British citizen or who has settled status in the United Kingdom does not automatically entitle the applicant to the grant of an ILR visa.
How to Apply for ILR after 5 Years
When applying for Indefinite Leave to Remain (ILR) after 5 Years , particularly, where you have been living for the 60 months on leave to remain as the partner or spouse of someone present and settled in the UK, you will have to submit an online Form SET (M) with the application fee and supporting documents.
- Check Your Eligibility:
Continuous Residence: Make sure that you have remained in the United Kingdom for 60 months (5 years) in continuous residence on a spouse visa.
Genuine Relationship: Evidence that your relationship with your partner is genuine and subsisting- e.g. joint bills, photographs, and correspondence.
Financial Requirements: These will include meeting the ILR financial requirements which are usually proved by income or savings.
Accommodation: Prove that you and your partner have adequate accommodation in the UK.
English Language: Meet the mandatory level of English (usually CEFR Level B1).
Life in the UK Test: Pass the Life in the UK test unless exempt.
- Collect Documents Required:
When applying for an ILR visa after living on a Spouse visa for 5 years, your valid passport or other travel document and any existing biometric residence permit must also be provided. You will also need to produce the following documentation, not exhaustive:
- Any prior travel documents or passports ever held by you during your presence in the UK
- Your partner or spouse’s travel document or passport confirming settlement in the UK
- Proof of cohabitation with partner or spouse
- Evidence of finances, such as bank statements or wage slips
- Evidence to support any relevant English language qualifications and a copy of the 'Life in the UK' test pass certificate
Further evidence in support of any absences from the UK, including a letter from an employer or travel-related documents for any holiday taken.
Extra documentation must be provided for any dependents, including their travel documents or passports, birth certificates or adoption certificates, and proof of their address alongside proof that you are involved in their upbringing.
- Pay the fees
There is presently a £2885 fee for a single application, however, each dependent will incur an extra fee if they are applying with you.
- Attend Biometrics
As part of the ILR spouse visa application process, biometrics must also be done with an additional fee of £19.20 besides the ILR application fee.
- Wait for Decision
The processing time can extend up to 6 months depending on your situation.
Conclusion
Hiring Immigration Lawyers In Birmingham will ensure that you meet all the requirements and result in a successful application. When you become eligible to apply for British citizenship after receiving ILR status as a spouse, it becomes a great milestone for the future of your family in the UK.
