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ILR from a Spouse Visa

Spouse Visa to ILR

If you hold a Spouse Visa, you could be eligible for Indefinite Leave to Remain in the UK.

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Spouse Visa to ILR

If you are a non-EEA or Swiss national, you can gain the right to remain in the UK by marrying a British Citizen, or a person with settled status in the UK. If you do this, you will be granted a Spouse Visa. Once you are living in the UK with your spouse or partner, you may wish to make your position more permanent. You can achieve this by gaining ILR from a Spouse Visa. ILR, or, Indefinite Leave to Remain, allows you to settle in the UK permanently without being tied to visa regulations.

The initial grant of leave for a Spouse Visa is two and a half years. When this period has come to a close, you may choose to extend your Spouse Visa for another two and a half years. Assuming you meet the current requirements laid out by the Home Office then you can extend your Spouse Visa. With this visa extension, you will be able to reside in the UK for five years, qualifying to go from a Spouse Visa to ILR.

Our dedicated lawyers can help you with everything you need to know about switching to ILR from a Spouse Visa. We can assess your eligibility for ILR, gather and check your supporting documents and help with completing your application form to the highest standard.

Your lawyer will also write a Letter of Representation to accompany your application. This letter provides the Home Office with information on your case and its merits and will reference relevant UK immigration laws which strengthen your application. We will also make sure you to meet all the necessary requirements by preparing you for your ‘Life in the UK’ test and IELTS test. With IAS, your chances of being granted ILR from a Spouse Visa will be maximised.

Spouse Visa to ILR
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Frequently Asked Questions

The Indefinite Leave to Remain after a five years period is usually granted to those on a Spouse Visa assuming the following:

  • Minimum income requirement of £18,600 (rising with every child dependent) is met
  • No immigration law in the UK or abroad has been broken
  • The applicant has passed ‘Life in the UK’ test and the English Language Test
  • The applicant can supply Biometric Resident information

Read more about the ILR requirements here. It must be noted that these conditions may change if you currently hold a permit different from the Spouse Visa. For example, Tier 2 General visa holders must meet specific financial conditions.

If you are a non-EEA or Swiss national and you marry a British Citizen or person with settled status in the UK you will be eligible to apply for a Spouse Visa.

It is important to note, however, that the Home Office are very strict with applications for Spouse Visas. They are trained to spot cases of marriage fraud or ‘sham marriages’ and a Spouse Visa application requires a great deal of evidence to prove your relationship or marriage is genuine.

Read more about Spouse Visas and other Partner Visas

After Indefinite Leave to Remain has been granted you will be eligible to apply for British Citizenship by marriage. This process is called British Naturalisation.

Read more about British Citizenship or British Naturalisation

Our expert lawyers can help you with your application for ILR from a Spouse Visa. We will work with you to ensure that your application is completed to the highest standard before it is submitted. Our services include:

  • assessing your eligibility for ILR;
  • gathering your documentation and looking for issues or gaps;
  • addressing any issues with your documentation;
  • completing your application to a professional standard;
  • having a lawyer prepare a Letter of Representation. This letter accompanies your application and provides details on your case and its merits. It will also reference any relevant UK immigration laws that support your application;
  • liaising with the Home Office where appropriate;
  • preparing you for your ‘Life in the UK’ test;
  • preparing you for your English Language test;
  • checking that you have enough evidence to prove your relationship is genuine to the Home Office.

Contact IAS today on 0333 363 8577 or make an enquiry online to arrange a consultation with a qualified immigration lawyer.