Indefinite from a Spouse Visa:

The earliest date you may apply for ILR is 28 days before the date that you will have lived in the UK as a partner for 60 months (five years).

We understand that the UK indefinite leave to remain visa applications can be complex and using the services of an immigration expert are highly recommended. We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. You will need to ensure that you meet all of the mandatory requirements before you apply. You will need to complete the relevant forms and collate your evidence for submission. This will need to be extensive and prove that your relationship is genuine.

UK Indefinite from a Spouse requirements:

• You have lived in the UK as a partner for 60 months (five years)
• You will need to have extended your stay successfully after your initial grant of 30 months leave
• You continued to meet the relevant criteria for the balance of the five years
• You continued to meet the financial requirements of £18,600pa
• You have taken and passed testing to demonstrate your knowledge of language and life in the UK
• You have no previous criminal conduct or any other issues as to character, conduct and associations

Knowledge of language and life in the UK (KoLL) requirement for ILR

All applicants for ILR who are between the ages of 18 and 64 at the time of that application will need to meet the Knowledge of Language and Life in the UK (KoLL) requirement. The only exemption is where you are unable to meet the requirement due to a mental or physical condition

• You will need to have taken and passed a Life in the UK test
• You will need to show that you have English language ability in speaking and listening to a minimum level of B1 on the Common European Framework of Reference for languages (CEFR)

Main benefits of having indefinite leave to remain or settled status in the UK:

Key benefits of getting a settlement or ILR in the UK are as follows:

• You no longer have any time restrictions on your stay here
• You are able to work for any employer in any profession and/or set up a business without restriction
• You are able to study any type of course without restriction
• You are no longer required to register any change of immigration status or address with the police
• If you have any children who were born in the UK prior to your grant of indefinite leave, and are under the age of 18, they may be entitled to register immediately as British citizens
• If you have any further children who are born in the UK, they will be automatically British by birth, and
• You have full access to the same welfare benefits as British citizens

When can you apply for British citizenship after settlement:

Generally, you will be eligible to apply for British Citizenship immediately following the grant of indefinite leave to remain in the UK.

UK Spouse visa

What is the Life in the UK Test:

You need to take the test as part of your application for British citizenship or settlement in the UK. You must book your Life in the UK Test online at least 3 days in advance. It costs £50.

There are over 30 test centres in the UK. You can choose where to take your test when you book. You will have 45 minutes to answer 24 questions based on the Life in the UK handbook. You must take the same ID that you used to book the test. Your photo will also be taken on the day to confirm your ID.

You must score 75% or more to pass the test. You will get a ‘unique reference number’. You will need this number to complete your citizenship or settlement application. The Home Office will use it to check that you have passed.

If you fail the test you must wait 7 days before taking the test again, but you can take the test as many times as you need to. You will need to book and pay again each time.

How can you meet financial requirements for ILR from a spouse

The minimum income of £18,600 before tax is required to meet the financial requirement if there are no dependent children. If you have one dependent child, you will need an income of £22,400 before tax to meet the financial requirement. For any other children, the sponsor will need an extra £2,400 for each subsequent child.

You and your partner can use:

• Salaried or non-salaried income from employment before tax
• Income from self-employment or as a director of a limited company in the UK
• Cash savings above £16,000
• Money from a pension
• Non-work income, for example from property rentals or dividends

Can you use income from benefits to meet ILR from a spouse visa financial requirement?

Where your partner is in receipt of any of the following benefits or allowances in the UK, you will be able to meet the financial requirement by providing evidence of “adequate maintenance” rather than meeting an income threshold:

• Carer’s Allowance
• Disability Living Allowance
• Severe Disablement Allowance
• Industrial Injuries Disablement Benefit
• Attendance Allowance
• Personal Independence Payment
• Armed Forces Independence Payment or Guaranteed Income Payment
• Constant Attendance Allowance, Mobility Supplement or War Disablement Pension
• Police Injury Pension

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