Our immigration team recently received some wonderful news that our client’s (“the Applicant”) Indefinite Leave to Remain spouse visa application was granted within 3 weeks from the date of the biometric enrolment. The Applicant was a long-standing client of our firm who we assisted with his two previous applications. The Applicant was applying as the spouse of a British citizen who was present and settled in the UK. In the initial consultation, we explained the requirements to the Applicant and we identified that the Applicant did not meet the financial requirement through the traditional Appendix FM SE methods. However, it was evident that the Applicant had sufficient disposable income to maintain and accommodate himself in the UK. Our immigration team prepared detailed legal representations and submitted a well-prepared application ensuring a successful result.
The case for Indefinite Leave to Remain as a Spouse
The Applicant was a national of Lebanon residing and working in the UK with his wife and children. The Applicant was on the 5-year partner route and now wanted to acquire permanent resident status in the UK by applying for Indefinite Leave to Remain. During our initial consultation, we discussed the requirements under the Immigration Rules. We discovered the Applicant did not meet the financial requirement under Appendix FM SE. Our immigration team specialise in submitting complex applications and were able to assist the Applicant to submit a successful application by using their years of experience and knowhow to prepare detailed legal representations to accompany the applications. The Applicant received a decision within 3 weeks from the date he submitted his biometric information. If your application is well-prepared and presented in the correct format you are likely to benefit from a quicker decision.
What are the requirements for Indefinite Leave to Remain as a Spouse?
In theory the Indefinite Leave to Remain spouse application should be straightforward as it is an application for settlement on the basis of spending 5 or 10 years in the UK. However, Applicants often fail to appreciate the application process and the requirements by not submitting the correct mandatory evidence. In particular, disregard for the mandatory Appendix FM SE documents for the relationship and financial requirement. In addition to the requirements, the Home Office will conduct thorough checks on Applicants before granting the application. If you are applying for spouse settlement you must be aware of Paragraph 287 of the Immigration Rules and the relevant Appendixes (Appendix FM-SE and FM). To submit a successful indefinite leave to remain you must meet the following requirements:
- Applicants must meet the General Grounds for Refusal and show that they are of good character and association;
- Applicants must demonstrate that their marriage is still genuine and subsisting and provide evidence of the same i.e. marriage certificate and other relationship documents;
- Applicants must show that they have acquired 5 years of continuous lawful leave with no excessive absences;
- Applicants must show that they meet the financial requirement of £18,600 and show that you can be accommodated in the UK without recourse to public funds; and
- Applicants must meet the English language requirement by passing an acceptable test at CEFR Level B1, B2, C1 or C2 and Life in the UK test requirement.
There are a number of ways you can meet the financial requirement of £18,600. Our immigration team specialises on assisting with complex cases especially applications where there are issues in meeting the financial requirement.
What is an Indefinite Leave to Remain Spouse application?
You can apply for Indefinite Leave to Remain (settlement) in the UK after spending 5 or 10 years on the spouse visa route. Under normal circumstances, most Applicants will be put on the 5-year partner route. Applicants will only be put on the 10-year partner route if you fail to meet any of the key requirements at the time of your spouse visa application.
How much does it cost for an Indefinite Leave to Remain Spouse application?
The Home Office visa application fee is £2389 and there is no Immigration Health Surcharge payment, unlike the other visa applications. You can pay an additional charge of £810 for the Super Priority service. If you opt for the Super Priority service you will receive a decision within 24 hours from the date of the biometric enrolment. Due to Covid-19, priority services are currently suspended in the UK.
What are the benefits of holding for Indefinite Leave to Remain as a Spouse?
There are a number of advantages in holding Indefinite Leave to Remain status in the UK. The main advantage is you will be free from immigration restrictions and you will not be required to apply and pay for visa extensions and the Immigration Health Surcharge. Applicants can also work unrestricted and will no longer be a sponsored person. An Applicant may also benefit from the NHS and the UK’s welfare system. Applicants can also apply for British Citizenship after holding Indefinite Leave to Remain for a period of 12 months.
How our immigration solicitors can help with an Indefinite Leave to Remain Spouse application?
Our immigration solicitors in London specialise in Indefinite Leave to Remain Spouse applications and prepare applications to the highest standard. We have an impeccable track history of submitting successful Indefinite Leave to Remain Spouse applications for a range of different clients. The key to submitting successful applications is being aware of the relevant Immigration Rules. Our immigration solicitors in London guide Applicants through the requirements and prepare detailed legal submissions in support of the application. In addition to the legal representations, our team of solicitors also provides multiple substantial reviews of the application bundle to ensure that the correct documentary evidence is submitted. We also prepare and assist with the submission of the application.
Using our immigration solicitors to submit Indefinite Leave to Remain Spouse applications
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a settlement application.
Caseworkers at the Home Office are trained to reject applications, which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Indefinite Leave to Remain application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Spouse visa application meets the Immigration Rules.
Successful Indefinite Leave to Remain Spouse applications with our immigration solicitors
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice, and other central London courts.
Preparation is the key to a successful Indefinite Leave to Remain Spouse application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.