Dependant visa holders extending after the main applicant has ILR. Indefinite Leave to Remain (or ILR, for short) is the ultimate aim for many migrants to the UK. We have a team of experts who provide you with all legal support towards your application process and make your ILR application a success. Required fields are marked *. 6405492). Visas leading to ILR after 5 years. The applicant must provide specified evidence that he/she: For ILR as a spouse - SET (M)application, the applicant is required to meet the requirement of having sufficient knowledge of life in the UK by passing the Life in the UK test and providing the certificate confirming the same. Children above 18 years of age need to apply separately and also meet the requirement for English and pass Life in the UK test. The application will be considered in accordance with requirements of the Immigration Rules as set out in Appendix FM of the Immigration Rules. 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 … you haven't taken the Life in the UK test or have not reached 2 years in the UK before you apply).The basics: If you’re on the 10-year route, you must have been living in the UK on that visa for 10 years. 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 The application will be considered in accordance with requirements of the Immigration Rules as set out in Appendix FM of the Immigration Rules. ILR eligibility To be eligible to apply for indefinite leave to remain as a parent or partner on the 5-year route you will need to meet financial requirements to show you are able to support yourself and any dependents. This way, you will not have to wait for the decision on your application for months (sometimes years). In this post, we look at the requirements for a successful application for ILR on the basis of 10 years long residence. You can use SET (M) form if you are a partner of a British Citizen or one who is settled in the UK. Sunrise Solicitors is the trading name of Sunrise Solicitors Ltd (company registration no. 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. The agreed fixed fee will depend on the complexity of your ILR application and the volume of casework involved in the application. In addition to our fixed fee for ILR as a spouse, the applicant will also have to pay the Home office UKVI fees for the ILR application. Please use this section of the board for queries about Indefinite Leave to Remain (ILR). Holding ILR allows you to continue to stay in the UK for work, study, or to live in the UK. You can apply not more than 28 days before the last day of your permitted staying period in the UK. Spouse Visa Indefinite Leave to Remain Requirements. 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. 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) It's much easier than your previous visa with less documents required. 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. However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR). For instance, Indefinite leave to remain as a partner under the 5 year route usually requires you to earn £18,600 (depending on whether there are any dependant children also applying), whilst applying for Indefinite leave to remain as a victim of domestic violence will not have to meet a financial requirement. We provide a fast, friendly and affordable service, helping our clients with UK visa applications. This guidance relates to UK spouse visa ILR requirements under 5-year route for the spouse, civil, unmarried and same-sex partner of a person present and settled. 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. Visa & Migration are leading UK immigration and human rights law specialists. Sunrise Solicitors are also members of Immigration Law Practitioners' Association (ILPA). The immigration solicitors at Sunrise Solicitors are experts in dealing with application for Indefinite Leave to Remain (ILR) as a spouse of a person present and settled in the UK. If you are looking to apply for UK Indefinite Leave to Remain after 5 years, you will need to check you qualify based on the visa you currently hold and whether you meet all other ILR requirements. is a national of a majority English speaking country; or, has an academic qualification recognised by UK NARIC to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or. In addition: You must pass the Life in the UK test and meet English language requirements (further guidance on this is available below). 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. 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. 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. 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. 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. After spending a continuous period of 5 years in the UK, a person may be eligible to make an application for Indefinite Leave to remain. No Problem! Your email address will not be published. For latest updates on UK Visa and Immigration, follow us on: Your email address will not be published. Save my name, email, and website in this browser for the next time I comment. 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. For the applicant to succeed in the ILR application as a spouse under the 5 years route… can be counted towards 10 year ILR. You do not have to wait five years before applying for ILR, as you were previously. Guide to apply for the UK civil partnership visa. There are certain requirements which must be fulfilled for someone to become eligible to apply for Indefinite Leave to Remain. To apply for ILR under the long residence route, you need to fill in Form SET(LR) and send it to UK Visas and Immigration (UKVI), along with the required supporting documents listed above and your biometric information. Published 28 August 2013 Last updated 1 December 2020 — see all updates You can apply for ILR as a spouse when you have completed 5 years in the UK under the Spouse Visa (5 Years Route). income of the partner from specified employment or self-employment, which, in respect of a partner returning to the UK with the applicant, can include specified employment or self-employment overseas and in the UK; specified pension income of the applicant and partner; any specified maternity allowance or bereavement benefit received by the partner in the UK; other specified income of the applicant and partner; and. How Do I Apply for ILR 10 Years Long Residence Visa. There is also a 10-year ILR route for those who have been in the UK for 10 years under different visa categories. 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. ‘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. If you’ve got a family visa as a partner or spouse on the 5-year route, you must have been living in the UK for 5 years. All the documents you require are listed clearly on the application form. ILR is the final hurdle before applying for British Citizenship. Things have changed after the UK decided to leave the EU in 2018. A 5-year or 60 months of continuous residency is required in most of the categories, however, for example, those on Tier 1 visa holders can apply for ILR after spending 2 or 3 years provided they meet the requirements of relevant Immigration Rules. Immigration staff guidance on calculating the 5 year continuous period in the UK requirement for an applicant. We can handle your matter remotely! Hi, My wife is now eligible for ILR After 5 years route and I got BC 3 years ago. The 10 years long residence route to indefinite leave to remain (ILR) provides a route to settlement based on continuous lawful residence in the UK for a period of 10 years. However, due to coronavirus pandemic, we will continue to deal with most clients remotely through Zoom/Phone/Skype/Emails, etc. 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. The main requirements for spouse visa ILR … Individuals on Tier 2 General visa can apply for indefinite leave to remain (ILR) to settle in the UK.. However, those EU, EEA, and Swiss nationals already living in the UK can apply for either “Settled Status” or “Pre-settled” status under the EU Settlement Scheme (EUSS) depending upon mainly the time spent by them in the UK. 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. You can refer to the individual routes or categories to get a more accurate idea of the documents that you need to … You can seek support from us anytime during the process of making an application for Indefinite Leave to remain ILR after 5 years. This is the most common route of gaining ILR in the UK. specified savings of the applicant and partner. 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. Indeed, effective from March 29, 2019, the Innovator visa UK under Appendix W of the Immigration Rules has replaced Tier 1 entrepreneur. ILR is rarely refused, unless you don't qualify for it (i.e. If you’re on the 2-year route, you must have been living in the UK on that visa for 2 years. In this article, we will explore the requirements of a 5-year settlement route for spouse ILR application. 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. Time under visas which do not lead to settlement under the standard 5 year route (such as Student/ Tier 4, Tier 1 Post Study etc.) As the expert immigration solicitors based in London & Manchester, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service (SPS) for ILR as a spouse under 5 years route whereby decision on your application will be made by the Home Office UKVI within 24 hours of the submission of the application at a designated service centre. 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 a number of immigration categories where it is possible to qualify for indefinite leave to remain or ILR after 5 years. 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. 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. When applying for ILR as a partner under the five-year route of Appendix FM, does the applicant need to have completed at the date of the application a continuous period of 60 months in the UK or can they submit an application up to 28 days before they would reach the end of the specified period of 60 months (as specified in the guidance notes to form SET(M))? 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. Find out more about the Indefinite Leave to Remain requirements, including the eligibility criteria and application guidelines. The following visas offer UK settlement, allowing holders to become eligible for ILR after 5 years of lawful status: Sunrise Solicitors Offices are regulated by SRA under SRA ID 490903 (London Office) and SRA ID 645256 (Manchester Office). You will be accompanied to one of the application centres in London or Manchester by our legal representative who will assist you with the enrolment of your biometrics and submission of your application to get decision on your application in within 24 hours. The application for Indefinite Leave to Remain (ILR) is made online using form SET (M). Tier 1 Entrepreneur Visa Requirements and Guidance. 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.. An application for ILR as a spouse under the 5 years route is made online using application form SET (M). Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme. And also provides the details of UK spouse visa ILR statistics from 2008 to 2017. 5 Year Route To British Citizenship. Get in touch with our team of lawyers by calling us on 020 4502 8582.We offer immediate advice and assistance and can help you find out if you meet the ILR requirements. 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 If before February 2020 you were endorsed as ‘promise’, you are now eligible to apply for ILR via the three year route. List of documents required to file the application for Indefinite Leave to Remain (ILR) in the United Kingdom (UK) on being on Spouse visa or Civil Partner visa or Unmarried Partner visa for 5 years Often it is the culmination of many years of hard work and diligent dedication to ensuring compliance with the strict visa rules in place. © 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. there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK. For the applicant to succeed in the ILR application as a spouse under the 5 years route, the applicant must: The applicant must provide evidence that the sponsor's gross annual income is at least: When determining whether the financial requirement is met only the following sources will be taken into account: The applicant will be exempt from meeting the financial requirement of earning £18,600 gross per year if the UK sponsor receives any of the following: Where the exemption from the financial requirement of earning £18,600 applies, the applicant must prove that the household income of the UK sponsor will not be less than what an equivalent British family of that size will receive from Income Support. You must apply before your current visa expires. ” 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. So, the only people who can for ILR using the current SET(M) form are those who are still on the 2-year route… Apply for Indefinite Leave to Remain After 5 Years. Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme. Requirements For ILR As A Parent Under 5 Years Route. This section is relevant irrespective of whether current status is Tiered or Non-Tiered. The quality of our service is self-evident from the clients' reviews about the service provided by our immigration solicitors. Applicants can apply online. Documents Required For Indefinite Leave to Remain The documents that you need to submit will vary based on the route that you want to apply under for ILR. We have reopened our offices as lockdown restrictions have eased. Others can apply using the SET (O) form. 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; Can’t attend our offices to instruct us for your matter? 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. There are other requirements to be met such as Life in the UK test and residency. The requirements will differ whether applicant is on a 5-year route or a 10-year route to settlement. If a child has completed 60 months in the UK then they can apply with their parents, however, children born in the UK can apply for Registration to become a British Citizen after the parents have received ILR. Our business is to help people move to the United Kingdom, and we have up-to-date knowledge about all types of UK visa, including marriage visas, child visas, tourist visas and entrepreneur visas. Everyone’s circumstances are different and different documents apply in each case, however, general documents required when making an application for Indefinite Leave to Remain (ILR) after 5 years are –. 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. 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