Indefinite Leave to Remain is one status that enables an individual to stay and work in the United Kingdom without any restrictions on time. It is a more permanent, stable, and long-lasting solution for couples who want to build their lives together in the United Kingdom. We all know lasting marriages thrive on genuineness and stability, and ILR offers certainty and security to many foreign spouses.

In this article, we will study how to qualify for Indefinite Leave to Remain after living in the UK on a UK spouse visa extension.

When can you Switch to ILR? 

Following five consecutive years on a spouse visa or civil partner visa in the UK, one can apply for indefinite leave to remain (ILR) as a spouse. The requirement for this application is that it must have been held for no less than five years (60 months) as a spouse before the application for indefinite leave to remain can be made. During this period, the applicant must also have been in a genuine relationship with a British national or a settled person with a 5-year route to settlement.

There are two distinct settlement routes, which are the 5-year and the 10-year routes, for spouses or partners of British or settled nationals residing in the UK. Hence, you should usually know which route you’re on to know when you can apply for ILR after a spouse visa extension. If not, there are ways you can find out.

Applicants who are 5 years on the route to settlement typically need to satisfy the requirements of Appendix FM (that is, financial, accommodation, and English language as well as relationship requirements).

Last but not least, initial and extension applications on a 5-year route are done using FLR (M) form, while applicants on a 10-year route would usually apply using FLR (FP). If you are not sure about your circumstances, consult with a UK Spouse Visa extension immigration lawyer.

Financial Requirements for Switching to ILR

The financial terms for an ILR spouse visa are almost the same as those required by the applicant during an initial application and at the following extensions. The financial requirement for ILR after an extension of the spouse visa is £18,600 per annum for the spouse. You will require an additional £3,800 for the first child and an extra £2,400 for each subsequent child.

To the extent where you can combine them, income can meet this financial requirement: the total earnings of the applicant and/or of his or her spouse. The same exceptions for certain benefits apply. The primary difference, then, in the financial requirements between the spouse visa ILR and how it is calculated is the methodology for calculating the required amount of savings.

In the cases of those applying for a spouse visa for the first time and also applying for an extension, the total income shortfall multiplied by 2.5 with that amount having been in the account along with a minimum of £16,000. The requirement for the spouse visa ILR stage is that an applicant should not multiply the shortfall by 2.5, and the whole amount can be utilized in addition to the £16,000 again. 

Accommodation Requirement for Switching to ILR 

The spouse visa ILR requirements for accommodation are just about the same as for the initial UK spouse visa application and extension. You will need evidence proving there is accommodation available and that it is exclusively used by the couple applying for the visa and their children. “Overcrowding” or contravention of “public health regulations” must be avoided when it comes to accommodation in such a case.

Subsisting and Genuine Relationship

Once again, the essential requirement for the spouse visa ILR stage is almost similar to the extension stage except that you would have now lived with your British/settled sponsor for an additional period of 2.5 years.  Evidence will need to prove continued cohabitation since the last grant of leave and that the relationship is still subsisting.

English Language Requirements for Switching to ILR 

For switching to an ILR after living in the UK on a spouse visa extension, again it is elevated to B1 CEFR as a level of English language requirement. The requirement can be satisfied if you:

• Hold an overseas or UK degree equivalent that was researched and taught in English.
• Clear an English language test at the B1 level from one of the UK-approved English test providers.
• You come from a country where most of the people use English as their main language.
• You have earned an exemption from the English language test.

Life in the UK Test

Most ILR applications require you to pass a life in the UK test. Exemptions apply for certain forms of disability and some mental illnesses. Age is another reason for exemption.

Fees for Switching to ILR 

At present, the Home Office fees for spouse visa ILR applications amount to £2,389 for every applicant. The ILR application decision can be sped up through the super-priority service charged at an extra £800 per applicant.

Conclusion

For switching to Indefinite Leave to Remain after living on a UK Spouse visa extension, keep in mind that absence from the UK should not exceed 180 days in any 12 months throughout the qualifying period. Flouting this requirement is likely to have very serious negative effects on your application and could lead to an ILR refusal. Additionally, eligibility requirements for ILR must be satisfied by clear supporting documents. Certain documents must be lodged upon application as proof of meeting the eligibility requirements. If you have any doubts regarding the requirements, make sure to consult an immigration solicitor and follow all rules of the Home Office. Refrain from providing false information or missing out on any important detail.