The requirements will vary depending on whether you are taking a five-year or ten-year settlement path. The primary conditions for spouse visa ILR are very similar to those for the initial application and subsequent renewal as a spouse, with a few additions and adjustments.
Additionally, the Home Office will consider your suitability, including any criminal convictions, county court judgments against your name, and unpaid NHS bills. This information is not covered in this article. The primary conditions for obtaining an ILR spouse visa are outlined in detail below.
Absences for the purpose of submitting an ILR application for a Spouse Visa
There are no explicit limitations regarding the maximum number of absences for people applying for ILR based on a spouse visa from the United Kingdom. This is in contrast to other immigration categories such as the Global Talent Visa Route, the Skilled Migrant Worker Visa Route, the PBS (i.e. Tier 2 ILR), and family members of PBS migrants, which need absences of no more than six months in any 12-month period. There has been considerable misunderstanding in the aftermath of the Home Office’s amendments on 11 January 2018, but those changes mostly impacted PBS migrants and their family members.
According to the Home Office’s instructions, any absences from the UK must be justified and consistent with the “intention to live together permanently in the UK.” The advice continues by stating that legitimate reasons may include time spent abroad in conjunction with your or your partner’s profession, vacations, training, or even education.
If the majority of the time spent on the UK spouse visa is spent outside the country, the Home Office may have doubts about the couple’s intention to settle permanently in the UK. Each application will be evaluated on its own merits, and the Home Office will consider a variety of issues, including the reason for the absence, the duration of the absence, and whether the couple resided together during the absence in question. When applying for ILR based on a spouse visa, it is strongly advised to consult an immigration lawyer.
ILR Financial Requirements
The financial requirements for the spouse visa ILR are relatively similar to those for the original application and subsequent extension. The financial need for the husband is £18,600 per year, with an additional £3,800 for the first child and £2,400 for successive children.
The financial criteria can be met by the applicant’s and/or spouse’s earnings. The same exceptions apply to individuals receiving specific benefits. The primary difference in the financial requirements for spouse visa ILR applications is the method used to compute the required amount of savings.
Any earnings gap had to be multiplied by 2.5 for initial and extended spouse visa applications, and this amount had to be in the account in addition to the £16,000. There is no need to multiply the shortfall by 2.5 for the spouse visa ILR stage; the entire sum can be utilized, in addition to the £16,000.
ILR Housing Requirements
The spouse visa requires that you have a place to stay. The ILR application is nearly identical to the initial and extension applications. You will need to demonstrate that adequate housing is available for the couple and their children’s exclusive use.
A genuine and long-lasting relationship
Again, the criteria for the spouse visa ILR stage is nearly identical to the extension stage, except that you will have spent an additional 2.5 years living with your British/settled sponsor. Updated evidence will be required to demonstrate that you and your partner have continued to reside together since your last grant of leave and that your relationship continues to exist.
English Language Proficiency
The English language requirement for ILR applications based on spouse leave has been increased to B1 CEFR. This criterion can be met if you:
- Have a degree from the United Kingdom or an equivalent degree from another country that was taught and researched in English.
- Successfully complete an English language test at the B1 level administered by one of the approved English test providers.
- Are a citizen of a predominantly English-speaking country.
- Exempt from the English language proficiency examination.
The test of life in the United Kingdom
As is the case with the majority of ILR applications, you will be required to pass a test on your ability to live in the United Kingdom. Exemptions apply to those with specific impairments and mental conditions. Additionally, you may be excused based on your age. If you are considering applying for a test exemption, it is prudent to seek legal advice from one of our London immigration lawyers.
Fees for ILR Spouse Visa
Currently, the Home Office charges £2,389 per applicant for spouse visa ILR applications. The decision on the ILR application can be hastened by paying an extra £800 per applicant for the super-priority service.
The fees were correct at the time of publication of this article. However, it is recommended that you check the current fees on the gov.uk website before completing your application.
Why should you choose Henleaze Law for your ILR application for a Spouse Visa?
Our immigration attorneys have significant experience completing difficult spouse ILR applications. Our attorneys help ensure that the documentation submitted in support of the application satisfies the criteria of the Immigration Rules.
Additionally, we will assist clients in completing application forms, preparing a cover letter with representations on their behalf, and submitting the application to the Home Office. We will continue to pursue the case until the Home Office makes a decision and will pursue them if necessary.
