You can apply for ILR as a spouse under the 5-year route 28 days before completing 5 years of residence in the UK with leave to enter or remain under a spouse visa for the 5-year route. An application for ILR as a spouse under 5 years route is submitted to the Home Office UKVI in accordance with requirements set out in Appendix FM of the Immigration Rules. You can apply for ILR as a spouse under 5 years route through Super Priority Service to get a decision on your ILR application within 24 hours.
Free Immigration Advice For ILR As A Spouse
Our specialist spouse visa solicitors can provide free immigration advice online concerning your application for ILR as a spouse (5-year route). Ask a question to our specialist team of spouse visa solicitors for free immigration advice online or book an appointment online for detailed immigration advice with our specialist spouse visa solicitors for your application for ILR as a spouse (5 years route).
Specialist Solicitors For ILR As A Spouse (5 Years Route)
Our spouse visa solicitors are specialists for applications for ILR as a spouse (5-year route). As one of the best spouse visa solicitors, we have successfully helped thousands of clients with their applications for ILR as a spouse (5-year route). Our highly experienced and fully qualified spouse visa solicitors can provide fast, friendly, reliable and fixed-fee spouse visa advice and legal representations for your application for ILR as a spouse (5 years route).
Premium Solicitors are specialist spouse visa solicitors. The high quality of spouse visa services provided by our best team of fully qualified and experienced solicitors is self-evident from the 5-star Google Reviews rating by 99% of our clients.
How Much Does ILR As A Spouse (5 Years Route) Cost?
The costs associated with your ILR application are outlined below:
Our Fixed Fees for Your ILR Application
Our fixed fee for processing your ILR application ranges from £1,000 + VAT to £1,500 + VAT. Our fixed fee will cover all our work on your application including advising on documents, checking your documents, completing the application form and submitting the application online, booking an appointment for biometrics enrolment, preparing a cover letter in support of the application, uploading all supporting documents to be considered in support of the application, and carrying out all other follow up work until decision by the Home Office UKVI on your application.
Our agreed fixed fee will depend on the complexity of your case and the volume of work involved in your ILR application. You will make an initial payment of half our fee when we start working on your matter, and the remaining half is due once we have fully prepared the ILR application and it is ready for submission.
Unable to afford the cost of the full service? You have the option to book an appointment online for our one-off immigration advice and consultation service for a fixed fee of £100 (including VAT) or our immigration document checking service for a fixed fee of £300 (including VAT).
UKVI Fees for Your ILR Application
In addition to our fixed fee for assisting you with your ILR application, you are also required to pay the Home Office UKVI fees for your ILR application. The UKVI fee for your ILR application is £2,885.
Additionally, you can pay an additional fee of £1,000 for Super Priority Service to get a decision on your ILR application within 24 hours.
What Are The Requirements For ILR As A Spouse (5 Years Route)?
The requirements for Indefinite Leave to Remain (ILR) as a spouse under 5 years route from inside the UK include the following:
Valid application: The applicant must submit a valid application for ILR as a spouse (5 years route) in accordance with requirements as set out in Appendix FM of the Immigration Rules;
5 years residence: The applicant can apply for Indefinite Leave to remain 28 days before completing 5 years in the UK under a spouse visa (5 years route). The applicant must have completed the required qualifying period of 4 years 11 months and 2 days at the time of online submission of the application for ILR as a spouse;
Immigration status requirement: The applicant must be currently in the UK under a spouse visa and should apply for ILR prior to the expiry of his/her leave.
Relationship requirement: The applicant must be the spouse of a person who is either a British Citizen, a person with ILR / settled status, an EU national with pre-settled status, a refugee / humanitarian protection status holder, a Turkish Businessperson visa holder or a Turkish Worker visa holder. The relationship of the applicant with the UK sponsor must be genuine and subsisting and the appropriate evidence of genuineness and subsistence of marriage should be provided in support of the application for ILR as a spouse;
Suitability requirement: The applicant should meet the suitability requirements as set out in Appendix FM to the Immigration Rules;
Financial requirement: The applicant should meet the financial requirement for ILR as a spouse (5-year route). The financial requirement can be met through
- income of the applicant and/or UK sponsor from employment or self-employment; and/or
- savings of the applicant and/or the sponsor; or
- through the rental income of the applicant and/or the sponsor.
Accommodation requirement: The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family owns or occupy exclusively;
English language requirement: The applicant must meet the English language requirement to show that the applicant has English proficiency at CEFR level B1 as required by the UK Immigration Rules.
Life in the UK Test Requirement: The applicant must meet the Life in the UK test requirement.
Can I Apply for ILR As a Spouse (5 Years Route) Through Super Priority Service?
As specialist spouse visa solicitors based in London, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service for ILR as a spouse whereby decision on your ILR spouse visa application will be made within 24 hours if you submit your ILR application through Super Priority Service.
Our spouse visa Solicitors can prepare and submit your ILR spouse visa application faster and get you a decision faster through Super Priority Service. This way, you will not have to wait for the decision on your ILR application for months (sometimes years).
How To Apply For ILR As A Spouse Under 5 Years Route?
To apply for ILR as a spouse under the 5-year route, you should take the following steps:
- Complete the online application form SET (M) on the UKVI website;
- Submit the completed ILR application online by paying the Home Office UKVI fees for the ILR application;
- Book your biometrics appointments with the UKVCAS by creating an account on the UKVCAS web portal;
- Upload all the supporting documents online before the biometrics enrolment appointment date;
- Attend your biometrics enrolment appointment. You should take your BRP card, your passport and your biometrics appointment letter with you when you attend your biometrics appointment;
- Wait for a decision on your ILR application, which will be made normally within 3 to 6 months if the application is made through standard service and within 24 hours if your ILR application is made through Super Priority Service.
Transitional Financial Requirement For ILR As A Spouse
The Home Office UKVI has introduced the transitional financial requirements for an applicant who made their first application as a fiancé(e), proposed civil partner, or as a partner before 11 April 2024 and who was granted permission as a fiancé(e), proposed civil partner or as a partner on the five-year route to settlement as a result of that application. According to paragraph E-LTRP.3.5 of Appendix FM of the Immigration Rules, a person who has permission as a partner on the five-year route to settlement, or as a fiancé(e) or proposed civil partner, at the date of application, must meet the transitional financial requirement of income which is £18,600 gross per year if they made an application for entry clearance or permission to stay as a fiancé(e), proposed civil partner or partner under Appendix FM before 11 April 2024, which was successful. Under the new rules, where the financial requirement exceeds £29,000 due to the number of children in the family, the applicant will only need to provide evidence of a gross annual income of £29,000.
The applicant must provide evidence that the UK sponsor's gross annual income is at least equivalent to the income as given in the table below:
| Applicant | Income Required |
| Applicant applying with no children | £18,600 gross per annum |
| Applicant applying with 1 non-settled / non-British child | £22,400 gross per annum |
| Applicant applying with 2 non-settled / non-British children | £24,800 gross per annum |
| Applicant applying with 3 non-settled / non-British children | £27,200 gross per annum |
| Applicant applying with 4 or more non-settled / non-British children | £29,000 gross per annum |
What Are Various Sources Of Meeting Financial Requirements?
Where the applicant has to meet the minimum income threshold, the financial requirement can generally be met in the following 5 ways:
- Income from salaried or non-salaried employment of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category A or Category B, depending on the employment history.
- Non-employment income, e.g. income from property rental or dividends from shares. This is referred to as Category C.
- Cash savings of the applicant’s partner and/or the applicant, above £16,000, held by the partner and/or the applicant for at least 6 months and under their control. This is referred to as Category D.
- State (UK or foreign), occupational or private pension of the applicant’s partner and/or the applicant. This is referred to as Category E.
- Income from self-employment, and income as a director or employee of a specified limited company in the UK, of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category F or Category G, depending on which financial year(s) is or are being relied upon.
What Is Adequate Maintenance Requirement For ILR As A Spouse Under 5 Years Route?
Where the applicant’s partner is in receipt of any of the following benefits or allowances in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold of £18,600 or above:
- Carer’s Allowance.
- Disability Living Allowance.
- Severe Disablement Allowance.
- Industrial Injuries Disablement Benefit.
- Attendance Allowance.
- Personal Independence Payment (PIP).
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.
- Police Injury Pension.
If the applicant’s partner is receiving one of the above benefits or allowances on behalf of their child, the applicant will be able to qualify by meeting the financial requirement through “adequate maintenance.” The evidence required to demonstrate that the applicant’s partner is in receipt of a specified benefit or allowance is specified in Appendix FM-SE.
What Is The Formula For Calculating Adequate Maintenance?
The Homme Office UKVI will use the following formula to determine whether you meet the adequate maintenance requirement for ILR as a spouse under 5 years route:
A – B ≥ C (A minus B is greater than or equal to C)
Where:
A is the net income (after deduction of income tax and National Insurance contributions);
B is housing costs (Rent and Council Tax); and
C is the amount of Income Support an equivalent British family of that size can receive.
Do I Have To Meet the Life In The UK Test and English Language Requirement?
The applicant must meet the Life in the UK test requirement and English language requirement unless the applicant is over the age of 65 or exempt from meeting such requirements due to health reasons.
To meet the English language requirement, the applicant must provide specified evidence that he/she:
- is a national of a majority English-speaking country; or
- has passed an English language test in speaking and listening at a minimum of level B1 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by the Home Office, UKVI; or
- has an academic qualification recognised by UK Ecctis 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
- is exempt from the English language requirement because at the date of application:
- the applicant is aged 65 or over;
- the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement.
Can I Re-Apply For ILR As A Spouse After The Refusal?
You may be able to re-apply for ILR as a spouse under the 5-year route if your application for ILR as a spouse has been refused by the Home Office UKVI and you do not believe you can successfully challenge the refusal of your ILR application. Any such fresh ILR application should meet the requirements as set out in paragraph 39E of the Immigration Rules. Also, any such fresh application should be made ideally through Super Priority Service for a decision on the ILR application within 24 hours.
Can I Appeal Against the Refusal Of ILR As A Spouse (5 Years Route)?
If your application for ILR as a spouse has been refused by the Home Office UKVI and you have been given the right to appeal against the refusal decision, you should file an appeal with the First Tier Tribunal within 14 days of the refusal decision. The appeal against the refusal decision can be successful on the grounds that the decision to refuse is not in accordance with rules or in contravention of your right to private and family life as envisaged under Article 8 of the European Convention on Human Rights (ECHR). An Immigration Judge at the First Tier Tribunal will hear and determine the appeal. Our specialist spouse visa solicitors can provide the required legal services to represent you in your spouse visa appeal to challenge the refusal decision.
When Can I Apply For Naturalisation As A Spouse Of A British Citizen?
You can apply for naturalisation as a British citizen as a spouse or a civil partner of a British Citizen immediately after you have been granted Indefinite Leave to Remain (ILR) in the UK if you have been lawfully resident in the UK for at least 3 years preceding the date of application. You do not have to wait for 12 months after the ILR grant date when applying for naturalisation as a spouse or civil partner of a British Citizen. Our specialist team of spouse visa solicitors can provide immigration advice and legal services for your application for naturalisation as a spouse of a British Citizen after the grant of ILR as a spouse. Read More
How Can Our Spouse Visa Solicitors Help?
Our specialist team of immigration solicitors can provide expert immigration advice and legal representations on a fixed fee basis in relation to your application for ILR as a spouse. Our fixed fee for your application for ILR as a spouse will cover all the work of our immigration solicitors on your application for ILR as a spouse until a decision is made by the Home Office UKVI on your application for ILR as a spouse. The casework to be carried out by our immigration solicitors in relation to your application for ILR as a spouse will entail the following:
Advice on requirements: Our spouse visa solicitors will advise you on the relevant requirements you have to meet for your application for ILR as a spouse to succeed.
Advice on documents: Our spouse visa solicitors will prepare and email you a comprehensive list of supporting documents to be submitted in support of your application for ILR as a spouse;
Assessment of documents: Our spouse visa solicitors will assess your documents to make sure that all the documents you provide in support of your application for ILR as a spouse are in accordance with the requirements of the Immigration Rules.
Completing application form: Our spouse visa solicitors will complete the relevant application form for your ILR application as a spouse.
Submitting an application through Super Priority Service: Our spouse visa solicitors will submit your online application for ILR as a spouse through Super Priority Service to get a decision on your ILR application as a spouse within 24 hours.
Booking an appointment with the application centre: After you submit your application for ILR as a spouse online, our spouse visa solicitors will book your appointment with the application centre for you to enrol your biometrics.
Preparing a detailed cover letter: Our specialist spouse visa solicitors will prepare a detailed cover letter in support of your application for ILR as a spouse explaining how all the legal requirements are met for the approval of your application for ILR as a spouse.
Uploading documents online: Before the biometrics enrolment date, our spouse visa solicitors will upload online all the supporting documents to be considered in support of your application for ILR as a spouse.
Follow-up work: Our spouse visa solicitors will carry out all the follow-up work until the Home Office UKVI reaches a decision on your application for ILR as a spouse.
Why Choose Us For ILR As A Spouse (5 Years Route)?
There are a number of reasons why you can choose our spouse visa solicitors and lawyers in London to handle your application for ILR as a spouse from inside the UK. The main reasons include the following:
High-Quality Legal Services: Our team of the best spouse visa solicitors in London provides high-quality legal services for ILR as a spouse from inside the UK. The high quality of UK visa and immigration legal services provided by our best team of immigration lawyers is self-evident from the 5-star Google Reviews rating by 99% of our clients.
Remote Legal Services: Our specialist spouse visa solicitors and lawyers can provide you with expert spouse visa advice and legal representations remotely from our offices in London. Using modern technology, our specialist spouse visa solicitors and lawyers can handle your application for ILR as a spouse remotely without the need for you to visit our offices. Whilst we are more than happy to welcome clients into our offices, if this is their preference, we are proud to be able to offer our legal services for spouse visa applications remotely to save your time and travel costs.
Open 7 Days A Week: We are open seven days a week and pride ourselves on providing dedicated spouse visa advice and legal representation.
All Work Carried Out By Qualified Specialist Immigration Solicitors: Our specialist team of fully qualified and experienced spouse visa solicitors will carry out all the casework on your application for ILR as a spouse. They have extensive experience in dealing with spouse visa applications.
Fast Track Visa Service: Our experienced and qualified spouse visa solicitors will be able to prepare and submit your application for ILR as a spouse in the shortest possible time using the fast track process. Our spouse visa solicitors will submit your application for ILR as a spouse through the Super Priority Visa Service to get a faster decision on your ILR application within 24 hours.
Free Immigration Advice Online: Our specialist team of spouse visa solicitors and lawyers can provide one-off free immigration advice online for ILR through our website enquiry form.
Fixed Fees With Payment Plan: Our spouse visa solicitors and lawyers charge reasonable and affordable fixed fees for an application for ILR as a spouse with an option to pay our fixed fee in two instalments whereby you pay half of the agreed fixed fee when we start our work on your ILR application and the remaining half when we have fully prepared the ILR application and it is ready for submission to the Home Office UKVI.
What Are Our Other Spouse Visa-Related Services?
- Spouse Visa UK
- Entry Clearance For Spouse Visa UK
- Switching Into Spouse Visa UK (5 Years Route)
- Switching Into Spouse Visa UK (10 Years Route)
- Extension Of Spouse Visa (5 Years Route)
- Extension Of Spouse Visa (10 Years Route)
- ILR As A Spouse (10 Years Route)
- Family Visa UK
- In-Country Immigration Appeals
Frequently Asked Questions For ILR As A Spouse (5 Years Route)
Following are various frequently asked questions (FAQs) about an application for ILR as a spouse under 5 years route:
You can apply for ILR after completing 5 years in the UK under the Spouse Visa (5 Years Route). According to Home Office UKVI Guidance, an application for ILR as a spouse can be made within 28 days before completing 5 years of residence in the UK under the 5-year route.
You can apply for ILR as a spouse online using the SET (M) form. Upon submission of the online application, the Home Office UKVI fees are paid online. Then, an appointment for document verification and biometric enrolment is made online on the UKVCAS online portal. All the supporting documents must be uploaded online before the biometrics enrolment appointment is attended at the UKVCAS application centre. At the appointment centre, the supporting documents uploaded online are verified by the UKVCAS staff, and the applicant's biometrics are enrolled.
An applicant for ILR as a spouse under 5 years of age receives a decision from the UKVI within the service standards of the UKVI for processing the application. Applicants who apply for ILR using Super Priority Service receive the decision normally within 24 hours, and applicants who have used standard service receive the decision normally within 3 to 6 months.
You can apply for ILR as a spouse under 5 years route by completing the application form SET (M) online.
You can apply for ILR as a spouse under the 5-year route within 28 days before completing 5 years of residence with leave to remain as a spouse under the 5-year route.
The applicant will be refused indefinite leave to remain as a spouse on grounds of suitability if any of the paragraphs apply:
- The applicant is currently the subject of a deportation order.
- The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years.
- The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 4 years but at least 12 months, unless a period of 15 years has passed since the end of the sentence.
- The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence.
- The applicant has, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.
- The presence of the applicant in the UK is not conducive to the public good because, in the view of the Secretary of State, their offending has caused serious harm or they are a persistent offender who shows a particular disregard for the law.
- The applicant's presence in the UK is not conducive to the public good because their conduct (including convictions which do not fall within paragraphs S-ILR.1.3. to 1.6.), character, associations, or other reasons, make it undesirable to allow them to remain in the UK.
- The applicant has failed without reasonable excuse to comply with a requirement to-
- attend an interview;
- provide information;
- provide physical data; or
- undergo a medical examination or provide a medical report.
- The presence of the applicant in the UK is not conducive to the public good because the Secretary of State:
- has made a decision under Article 1F of the Refugee Convention to exclude the person from the Refugee Convention or under paragraph 339D of these Rules to exclude them from humanitarian protection; or
- has previously made a decision that they are a person to whom Article 33(2) of the Refugee Convention applies because there are reasonable grounds for regarding them as a danger to the security of the UK; or
- considers that they are a person to whom sub-paragraph (a) or (b) would apply except that (i) the person has not made a protection claim, or (ii) the person made a protection claim which has already been finally determined without reference to Article 1F of the Refugee Convention or paragraph 339D of these Rules; or
- has previously made a decision that they are a person to whom Article 33(2) of the Refugee Convention applies because, having been convicted by a final judgment of a particularly serious crime, they constitute a danger to the community of the UK.
When considering whether the applicant's presence in the UK is not conducive to the public good, any legal or practical reasons why the applicant cannot be removed from the UK must be ignored.
The applicant will normally be refused ILR as a spouse on grounds of suitability if any of the paragraphs apply:
- Whether or not to the applicant’s knowledge –
- false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or
- there has been a failure to disclose material facts in relation to the application.
- A maintenance and accommodation undertaking has been requested under paragraph 35 of these Rules and has not been provided.
The applicant may be refused on grounds of suitability if any of the paragraphs apply:
- The applicant has made false representations or failed to disclose any material fact in a previous application for entry clearance, leave to enter, leave to remain or a variation of leave, or in a previous human rights claim; or did so in order to obtain from the Secretary of State or a third party a document required to support such an application or claim (whether or not the application or claim was successful).
- The applicant has previously made false representations or failed to disclose material facts for the purpose of obtaining a document from the Secretary of State that indicates that he or she has a right to reside in the United Kingdom.
- The applicant has failed to pay litigation costs awarded to the Home Office.
- One or more relevant NHS bodies has notified the Secretary of State that the applicant has failed to pay charges in accordance with the relevant NHS regulations on charges to overseas visitors, and the outstanding charges total at least £500.
