Our expert Immigration Team has recently been successful in securing an Indefinite Leave to Remain (ILR) as a spouse for our client (“the Applicant”). The Applicant approached our firm after experiencing challenges with adequate documentation for her ILR. With our strategic approach, the application was approved within 48 hours.
If you are considering applying for ILR as a spouse, our experienced immigration solicitors are here to guide you through the process and ensure a seamless application.
When Can You Apply for Indefinite Leave to Remain as a Spouse?
The eligibility timeline for ILR under a UK Spouse Visa varies depending on your individual circumstances. Generally, you must have been continuously resident in the UK for five years before qualifying for settlement. However, exceptions exist, such as cases involving domestic abuse or the unfortunate passing of a sponsoring spouse.
To avoid refusal, applications must not be submitted more than 28 days before meeting the residency requirement. Applying too early could result in rejection, which is why seeking expert guidance from LEXVISA’s Indefinite Leave to Remain Lawyers is crucial. Our team will assess your eligibility, ensure you have the correct supporting documents, and submit your application within the appropriate timeframe, preventing unnecessary delays or refusals.
What is the Difference Between Indefinite Leave to Remain and British Citizenship?
While both ILR and British citizenship grant settlement in the UK, they are not the same. ILR removes immigration restrictions, allowing freedom of travel and eliminating the need for further visa applications or the Immigration Health Surcharge. However, ILR holders must be cautious about extended absences, as being outside the UK for over two years could lead to loss of status, requiring a Returning Resident Visa.
British citizenship, on the other hand, offers additional privileges, including the right to a UK passport and full civic participation. While some prefer to remain on ILR, others opt for naturalisation. Our British Citizenship Solicitors at LEXVISA can help you assess whether citizenship is the right option for you, particularly if your home country does not permit dual nationality.
What Happens if Your Spouse Visa Expires Before You Receive an ILR Decision?
As long as you apply for ILR before your Spouse Visa expires, you are legally permitted to remain in the UK while awaiting a decision. During this period, you can continue working without disruption. However, failure to submit an application on time can result in being classified as an overstayer, leading to legal complications and potential removal from the UK.
To avoid such risks, consulting with LEXVISA’s Indefinite Leave to Remain Lawyers in advance is essential. Our team will meticulously review your eligibility, identify any issues—such as extended absences from the UK—and provide tailored solution to ensure a successful outcome. Additionally, if you require a quicker decision, we can advise on the Home Office’s priority service options.
What is the New Rule on Financial Requirements?
As of 11 April 2024, the financial requirement for a UK Spouse Visa has increased to £29,000. This new threshold also applies to ILR applications, meaning both you and your partner must meet this requirement. Given the evolving nature of immigration policies, it is vital to remain informed and well-prepared. Our expert team at LEXVISA can assist in ensuring that you fulfil all updated financial criteria, avoiding potential refusals due to non-compliance.
What are the Requirements for Indefinite Leave to Remain as a Spouse?
To qualify for ILR as a spouse, applicants must meet specific criteria, including:
- Genuine and Subsisting Relationship: Evidence that you and your spouse are in a committed and ongoing relationship.
- Cohabitation Requirement: Proof of having lived together since your last visa was granted.
- Continuous Residence: Compliance with the five-year residence requirement, ensuring any absences remain within permitted limits.
- Good Character Requirement: No serious criminal convictions or breaches of immigration laws.
- Financial Requirement: Meeting the new minimum income threshold of £29,000.
- English Language Requirement: Satisfying language proficiency through an approved test or qualification.
- Life in the UK Test: Demonstrating knowledge of UK culture and society.
Failure to provide sufficient evidence can result in a rejected application. At LEXVISA, our Indefinite Leave to Remain Lawyers will meticulously assess your circumstances, guide you on necessary documents, and compile a robust application to maximise your chances of success.
Why Choose LEXVISA for Your Indefinite Leave to Remain Application?
Navigating the UK immigration system can be complex, and errors in an ILR application can lead to costly delays or refusals. By instructing LEXVISA, you gain access to a team of dedicated immigration experts with a proven track record of success. We offer:
- Personalised Legal Advice: Tailored guidance based on your unique situation.
- Comprehensive Document Review: Ensuring your application meets all Home Office requirements.
- Expert Representation: Handling all correspondence with the Home Office on your behalf.
- Fast-Track Options: Advising on priority services to secure quicker decisions.
Whether you are preparing your first ILR application or facing complications, LEXVISA is committed to providing exceptional service and securing the best possible outcome for you. Contact us today for expert assistance with your Indefinite Leave to Remain as a spouse application.