If you have a visa that was granted because you are the partner of someone in the UK, you may want to make an Indefinite Leave to Remain spouse application allowing you to settle in the country.
Indefinite Leave to Remain (ILR) can be granted to a spouse or partner based on your relationship and time spent in the UK, provided you meet the eligibility criteria.
Indefinite Leave to Remain will give you the right to live and work in the UK, to use public services and to claim benefits, if you are entitled to them.
At Halliday Reeves, we routinely help with spouse Indefinite Leave to Remain applications. We specialise in immigration and have extensive experience in dealing with the UK Visas and Immigration division of the Home Office.
As a firm, we deal solely with immigration, meaning that we are genuine experts. We hold the Law Society’s accreditation for this area of law at both senior caseworker and supervising senior caseworker level.
If you would like advice and assistance in making an Indefinite Leave to Remain spouse application, we would be happy to hear from you. Please call us on 0330 133 7777, email us at enquiries@hallidayreeves.com or fill in our Contact Form.
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Eligibility For Indefinite Leave To Remain Spouse Application
If you hold a visa as the spouse or partner of someone who is settled in the UK, either as a British citizen or as an ILR holder, you may be able to make an ILR spouse application.
Eligibility criteria include:
- You hold a visa as a husband, wife or civil partner and you have lived together with your partner since last renewing your visa
- You intend to continue with the relationship
- You have lived continuously in the UK for at least 5 years – this cannot include time spent on another visa or time prior to your marriage or civil partnership
- You and your spouse or partner meet the minimum financial requirements, including additional sums for any children or dependants
- You have passed the Life in the UK test
- You have passed a secure English language test or you otherwise meet the minimum standard of English requirements
There are other routes to ILR which require a different amount of time to be spent living in the UK, including a 2-year route and a 10-year route. We can advise you if you are eligible under either of these, however the 5-year route is the most commonly available option.
“This office was recommended to me by friends. They have been a great help for my application: approachable, friendly, clear answers and always thinking in terms of solutions. Thank you for helping me sorting out my application.”
Including Children On Your Indefinite Leave To Remain Application
If you are on the 5-year route, you can include your child on your ILR application if they meet the following eligibility criteria:
- They are included on your family visa as a dependant and so have permission to be in the UK
- They will live with you and you will support them financially without the need for benefits
- They are not married or living independently
- Your partner is their other parent, unless:
o You are solely responsible for your child
o Your child’s other parent is no longer alive
o There are compelling reasons that your child should be allowed to live with you in the UK
Children aged 18 or over will need to pass the Life in the UK test and must meet the minimum English language standards. They must also have been included on your family visa before they reached the age of 18.
Making An Indefinite Leave To Remain Spouse Application
If you wish to secure an ILR as a spouse, we can prepare a strong application on your behalf. The application must be accompanied by numerous documents, providing evidence that you meet all of the eligibility criteria.
We can go through the paperwork you have available and identify the best options to include with the application. Where necessary, we will discuss any items that you need to obtain, for example, statements that show you meet the financial criteria, proof that you have been living in the UK with your partner and evidence that your relationship is genuine.
The application is made online and you will also need to provide your fingerprints and have your photograph taken at a UK Visa and Citizenship Application Services centre.
When to make an ILR spouse application
You can make an ILR spouse application up to 28 days before the date on which you will have been in the UK for the required time period, such as five years. It is important to apply before your visa expires or you will have to renew your visa before you can apply for indefinite leave to remain as a spouse.
A decision will usually be made within six months. In some circumstances, you may be able to pay for a priority service. UK Visas and Immigration aim to provide priority decisions for individuals within five working days, although this will not be the case if they need to request further information.
Indefinite Leave To Remain Spouse Application Solicitors
If you would like help dealing with an ILR spouse application, we will be happy to hear from you.
To speak to one of our expert Indefinite Leave to Remain application lawyers, ring us on 0330 133 7777, email us at enquiries@hallidayreeves.com or fill in our Contact Form.
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