How can a spouse of a British citizen apply for ILR?
When it comes to how to secure ILR through a spouse visa (i.e. permanent residency through spouse visa UK), if you are a spouse, civil partner, or unmarried partner of a British citizen or settled person in the UK, you can transition to ILR (ILR UK spouse) as long as you meet certain eligibility requirements (see the next section below). The main requirement is that you must live in the UK on your spouse visa for at least 5 years continuously. Once you reach this milestone, you will need to complete and submit an online application form. You will also need to pay an indefinite leave to remain UK spouse fee, provide your biometrics (fingerprints and photo), and submit any documents required to support your application. If your application is approved, the Home Office will write you to confirm that you now hold ILR. At this point, you will no longer need to apply for another visa or a spouse visa extension after 5 years to remain in the UK.
The earliest you can apply through the ILR spouse route is 28 days before you meet the requirements. At AY&J, we can apply for indefinite leave to remain as a spouse on your behalf, allowing you to focus on other matters.
How long does it take to get ILR through a spouse visa?
The spouse visa to indefinite leave to remain UK application process normally takes up to six months; however, if the Home Office needs more information or has questions about your application, it may take longer.
How can children obtain permanent residency in the UK?
Children can obtain permanent residency in the UK in a number of ways (this list is not exhaustive):
- By living in the UK for at least 5 years on a family visa as a child with a parent who is British or settled in the UK
- Through a dependant visa (e.g. as a dependant of a parent on a work visa in the UK)
- As a child of a parent who is a British citizen or is settled in the UK
- As a child who is under 18 and was born in the UK before their parent settled here
- As a child with a parent who is applying for ILR as a partner or parent on the 10-year route.
If you are unsure of the best immigration route for your children, please speak to one of our friendly and highly knowledgeable immigration lawyers who can advise and represent you, ensuring that their ILR application is successful on the first attempt.
What are the requirements for ILR for children of settled parents in the UK?
In order to gain ILR through a settled parent in the UK, children must:
- Be under 18 years of age at the time of application (or if not, they must have been a dependant on their parent or relative’s visa before they turned 18).
- Have permission to be in the UK as their parent’s dependant
- Not live an independent life, and
- Have suitable accommodation without the need for public funds
Can stepchildren or adopted children apply for ILR in the UK?
Yes, but the settled or British parent must be the child’s adoptive parent or step-parent (if their biological parent has died) in order for the child to gain ILR.
Can I apply for ILR after five years on a spouse visa?
Yes, most individuals apply for ILR after 5 years on a spouse visa. However, those on the 10-year route to ILR may need to wait longer if they do not meet certain requirements (e.g. if they were unable to meet financial thresholds during the first 5 years).
What are the indefinite leave to remain UK spouse requirements?
To apply for ILR as a spouse visa holder, the following must be provided to the Home Office:
- A completed application form and payment of the application fee.
- Proof of relationship (e.g., marriage certificate, joint tenancy agreements).
- Proof of residency for the required five-year period (utility bills, bank statements).
- Evidence of income meeting the financial requirement, and
- English language proficiency evidence (e.g., a passing grade on an approved English test).
What documents are required for indefinite leave to remain as a spouse?
The documents required for indefinite leave to remain as a spouse are as follows:
- Valid passport or travel document.
- Proof of continuous residence in the UK.
- Marriage or civil partnership certificate.
- Financial documentation proving the minimum income threshold, and
- Evidence of suitable accommodation.
To ensure that you have the correct documents and that these will satisfy the Home Office, please speak to a member of our immigration law team who can advise you based on your unique circumstances.
What are the financial and residency requirements for ILR after a spouse visa?
The spousal ILR financial requirements state that you must have a combined annual income of at least £29,900. This threshold increases further if you have dependent children. The ILR financial financial requirement can be met through work income, non-work income, investments, and savings of over £16,000. You must have lived in the UK for the last 5 years and have no long periods of absence from the country.
Can family members of UK citizens apply for ILR?
Yes, other family members, such as parents and dependent relatives of UK citizens, can apply for ILR. A dependent relative is someone who needs to come to the UK to be cared for by a relative.
What are the requirements for ILR for dependent parents in the UK?
To get ILR, dependent relatives must:
- Be over 18 and have permission to enter the UK as an adult dependent relative
- Be cared for by a relative who is settled (or settling) in the UK or is a British citizen and has sufficient funds to support them for at least 5 years
- Require long-term care that can only be provided by the UK-based family member and
- Meet the good character and English language proficiency.
What is the ILR process for family members of settled persons in the UK?
Family members of settled persons, such as spouses, children, and parents, can apply for ILR if they meet the eligibility requirements outlined above. To apply for ILR, family members need to:
- Gather any documents they need to support their application (e.g. proof of residency and relationship)
- Ensure they meet the eligibility requirements for ILR
- Complete and submit the appropriate application form
- Pay the required application fee
- Provide biometric identification
- Submit any documents required by the Home Office
In some cases, applicants may be required to attend an interview or provide additional supporting documentation. To avoid the potential for delay or refusal, it is always advisable to instruct an immigration lawyer to handle the application process on your behalf. They will ensure that all of the criteria for acceptance are met and avoid the need for interviews and further information. Applications for ILR as a family member normally take around 6 months to be processed by the Home Office.
How can siblings of UK citizens apply for ILR?
There is no dedicated UK sibling ILR route. As such, it is not possible to bring your sister or brother to live in the UK permanently simply because you have gained ILR through the family visa route. It may be possible to bring a sibling to the UK, however, if they are your dependent and meet specific criteria under the Adult Dependent Relative Visa.
Can parents of UK citizens apply for ILR?
Yes, parents of UK citizens or individuals who are settled in the UK can apply for ILR. The child must be under 18 or have been 18 when you were first granted leave to remain in the UK. In addition, your child must not live an independent life and not be married or in a civil partnership. You must also have sole or shared parental responsibility for your child.
How do I apply for ILR as an adopted child of a British citizen?
Adopted children can apply for ILR if they meet the same criteria as biological children (see above). They must have proof of adoption under UK law.
What is the ILR process for stepchildren of UK citizens?
It may be possible for a stepchild of a UK citizen to gain ILR if the step-parent is a legal or adoptive parent. This is because a step-parent is not automatically classed as a parent under immigration law, as they may not have parental responsibility for a child.
What is the ILR family route for relatives of British citizens?
The ILR family route allows dependent family members, including parents, children, and sometimes extended relatives, to apply for settlement in the UK if they meet specific financial, residency, and relationship requirements.
Home Office fees
The UK spouse visa indefinite leave to remain (UK spouse visa ILR) application fees are £2,885 for each person applying.
What are the ILR spouse visa requirements for spouses of UK citizens?
Before you submit your UK spouse visa ILR application as a spouse of a UK citizen, it is important to ensure that you meet the following spouse ILR requirements:
- Have lived in the UK for at least 5 years on a spouse visa.
- Not have spent excessive time outside of the UK while on your spouse visa
- Your marriage or civil partnership must be genuine and subsisting (if you are not married, you must have been in a relationship akin to marriage or civil partnership for at least 2 years)
- You and your partner must have lived together since you last renewed your visa
- You and your partner must intend to continue your relationship after you apply
- You must have a joint income of at least £29,000 per year, plus £3,800 a year for your first child and £2,400 a year for each child you have after your first child
- Demonstrate proficiency in the English language – normally through an approved test or by holding a degree taught in English, and
- Not have any serious criminal convictions or breaches of immigration laws.
Please note that the above ILR requirements for the spouse visa route are not exhaustive.
