For spouses of British citizens or settled persons, achieving ILR means that such spouses gain the right to remain in the UK without visa renewals and open a route to citizenship in the UK. The present article will provide an overview of the major eligibility criteria that should be pursued and followed for the Indefinite Leave to Remain application under the spouse visa route, including residency, financial, and all other relevant ILR after spouse visa requirements for a smooth application.
Residency Requirements
To be eligible for an Indefinite Leave to Remain application, a spouse visa holder must fulfil the residency condition. A spouse visa holder has to endure the residency for five consecutive years in the UK without long absences. The Home Office requires applicants not to have spent more than 180 days outside the UK in any one rolling 12-month period during those five years. Exemptions could be granted under unavoidable or compelling circumstances, such as for receiving medical treatment or an urgent family matter, but proof should be supported with evidence. The requirement shows that the applicant is well integrated into and committed to life in the UK, and the relationship is stable with their spouse, who is settled in the UK.
A further requirement of the continuous residence requirement is that applicants are also required to have valid leave throughout the five-year period. All renewals or applications for a visa extension should be timely in order not to provide gaps that may cause a break in the continuity expected in qualifying for ILR.
Watch this video to get complete clarity on the requirements for ILR.
Finance Requirements
Financial requirement for ILR under the spouse visa route: The applicant must have enough money to avoid access to public funds. The gross income of the applicant, together with his UK spouse, will need to be at least £18,600 in the financial year 2024, but this would be £3,800 higher if there were dependent children who are not British citizens or have settled status in addition to the applicant; £2,400 higher for each further child.
Income sources that can support the application of the financial criterion include:
Employment or self-employment
Cash saved amounting to more than £16,000 contributed towards achieving the threshold.
Non-salaried sources, such as rental income or pension
For self-employed applicants, more information may be required, such as tax returns or certified business accounts. The Home Office checks the personal financial statement very closely to ensure it meets its financial requirements – an inconsistency will lead to a delay in processing or even refusal.
Evidence of Genuine and Continuing Relationship
Another mandatory eligibility criterion is proof of a real existing relationship with a husband or wife living in the UK. The relationship should be registered through marriage or civil partnership. You have to demonstrate that the relationship is authentic. The Home Office will search for evidence that you and your husband or wife lived together and shared life and responsibilities during the relevant period.
The evidence which can confirm a real relationship includes:
Certificates for marriage or civil partnership
Joint bank statements for two years and council tax and utility bills
Tenancy agreements, mortgage statements, and other records to prove that the couple lived together
Photographs to show that they have spent time together and maintained contact
All the necessary evidence about the relationship must be provided, as the lack of proof or evidence of long separation can be misleading for this type of relationship.
Language and Knowledge Requirements
The Indefinite Leave to Remain application requires that nearly all applicants meet very specific language and cultural knowledge standards. These standards speak to how far the applicant is currently integrated into British society, simply in terms of communication capabilities within the English language.
English Language Proficiency: All applicants aged between 18 and 64 should possess a minimum B1 level of proficiency in the English language. Qualifying tests include IELTS and an undergraduate degree deemed to have been conducted wholly in English. The following are exempted from this requirement: applicants who were born in and are residents in most English-speaking countries and those with some specified medical conditions.
Life in the UK Test: This is a compulsory multiple-choice test on British history, values and traditions. It's taken at test centres and must be passed by attaining at least 75%. It's actually required of most applicants, with some exemptions in certain cases.
It is crucial only if both the language and knowledge ILR after spouse visa requirements are fulfilled. Therefore, the application commitment to long-term residency and culture integration in the UK is demonstrated.
Accommodation Requirement
To show that he has appropriate accommodation in the UK, applicants must demonstrate this. This ensures the applicant and any dependents have appropriate housing that will be effectively utilised to sustain a stable living space. Documents that can be used to prove this requirement include:
Copy of tenancy agreement, mortgage statement or letter from the landlord (if living with relatives or friends)
Utility bill or council tax statements showing common living with a spouse
The accommodation must meet the public health criteria regarding space and privacy so that it cannot be referred to as overcrowded within the meaning of the UK's legislation.
Good Character Requirement
Besides the above, applicants shall meet the good character requirement, which involves a clean crime record and no history of breaches of immigration law. This standard requires applicants to show lawful conduct within the UK and is an important factor in determining ILR. For example, having a history of criminal activity, such as unpaid NHS debts or past visa breaches, will likely complicate, if not jeopardise, an application.
Document Checklist
An ILR application checklist can help the applicant sort out their application process. A spouse visa applicant will typically need the following:
Valid passport(s) and any that have expired during their period in the UK
Biometric Residence Permit to prove current immigration status
Bank statements, payslips, or tax returns to show they meet financial requirements
Documentary evidence of living together and a genuine relationship, such as utility bills, council tax statements, and joint financial papers
English language test pass certificate or degree certificate
Life in the UK test pass certificate
The applicant will ensure that all the documents presented are correct and complete to ensure the application's success.
Application Process
An Indefinite Leave to Remain application under the spouse of a UK citizen should be made online using the SET(M) form on the Home Office website. The applicant must make the application within 28 days after achieving the five-year residence requirement. Upon making the application, applicants are also expected to book an appointment for biometrics at a UK Visa and Citizenship Application Services (UKVCAS) centre so that they can give their fingerprints and have a photograph taken.
The processing time for an ILR decision takes around six months; however, there are priority options, and applicants can have their applications processed faster. One should also avoid travelling out of the UK without necessity, as this may affect the application outcomes.
Get Proper Legal Guidance
There are also residency, financial, language, and relationship requirements if one wants ILR as the spouse of a UK citizen. Preparation of all the required documentation to an adequate level has the potential to greatly increase the possibility of having one's application approved and ensuring that each criterion is met. For a more personalised consultation on how best to have your Indefinite Leave to Remain application processed, or any other matter in the UK, A Y & J Solicitors offers you expert advice at every step of the processing procedure, with guarantee of your application being comprehensive and Home Office compliant.
A Y & J Solicitors is a specialist immigration law firm with extensive experience with an Indefinite Leave to Remain application. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us at +44 20 7404 7933. We’re here to help!
