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Posted on October 31 2024

Can a spouse apply for ILR?

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By  Editor
Updated November 08 2024

A spouse can apply for an Indefinite Leave to Remain (ILR) with a UK spouse visa. To qualify for an ILR, you must have lived in the country for 5 years with the UK dependent visa pathway. As a spouse, you can apply for an ILR at least 28 days before completing the 5-year residency period. Partners or spouses of British nationals can seek settlement in the UK via a 5-year and 10-year route. Individuals with a 5-year route to ILR must submit proof of language proficiency, accommodation, funds, and relationship. The extensions on the 5-year route can be done with a Further Leave to Remain (FLR), while the 10-year route can be extended with FLR-FP.

 

*Want to apply for a UK Dependent Visa? Let Y-Axis help you with the process.

 

Requirements to apply for an ILR with a Spouse visa

The eligibility requirements for an ILR may differ based on the 5-year or 10-year route. However, you can arrange the general requirements given below to apply for an Indefinite Leave to Remain (ILR) with a spouse visa:

 

  • Have lived in the UK with a family visa for 5 years
  • Have a genuine and consistent relationship with your partner
  • Your partner must be an ILR holder or a British citizen
  • Have sufficient financial funds
  • Have proper accommodation in the UK
  • Meet the English language requirements
  • Attend and pass the Life in the UK test

 

*To know more about ILR for dependents, also read…

Can a dependent apply for the UK ILR?

 

List of documents required for a Spouse Visa to ILR

The list of documents required to apply for an Indefinite Leave to Remain (ILR) with a UK Spouse visa is as follows:

 

  • Passport
  • Travel documents
  • BRP (Biometric residence permit)
  • National Insurance Number
  • Clear criminal record
  • Medical certificates
  • Proof of funds (bank statements, pay slips)
  • Proof of English language proficiency
  • Life in the UK test results
  • Proof that you live with your partner in the UK (Mortgage agreement, rental agreements, and utility bills)
  • Proof of accommodation in the UK

 

*To know more about the new ILR rules, also read…

What are the new ILR rules?

 

Do ILR Spouse visa applications have an absence requirement?

No, there are no absence requirements for UK Spouse visa applications. As per the guidelines set by the UK Home Office, spouses absent from the UK must be for a genuine reason, maintain a consistent relationship with the partner, and intend to settle permanently in the UK. However, individuals applying for an ILR through any of the points-based visas must not exceed an absence of 6 months in 12 months. There is a chance that your visa application will be refused or rejected if you spend a considerable amount of time outside the UK.

 

*Are you looking for step-by-step assistance with UK Immigration? Contact Y-Axis, the world’s No. 1 overseas immigration consultancy, for end-to-end assistance!

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