Indefinite Leave To Remain as a Spouse
Mr. Sajjad Kayani
Mr Kayani is a Principal solicitor since 2006. He was graduated in 2000. He was first called to bar in 2002…
Overview
Indefinite Leave to Remain (ILR) allows individuals to reside and work in the UK without limitations on the length of stay and with access to benefits such as health services and education. The online Set M form is utilised to apply for ILR. It would help if you had to be a partner and you want Indefinite leave to remain as a spouse, parent, or child of a person who is already settled in the UK or a British citizen.
You can also get information about indefinite leave to remain as refugee from Kayani Legal expert solicitors.
Table of Contents
Who Can Apply for ILR using Online Set M?
- The Set M form should be used if you apply for indefinite leave to remain on the 2-year or 5-year route.
- The 2-year route requires you to have been granted limited leave for 27/24 months and completed at least 24 months.
- The 5-year route requires you to have been granted 30 months of limited leave and completed at least 60 months.
- You must also be living with your UK partner and have a relationship as a married, civil, or unmarried same-sex partner.
- Parents of a child who is present and settled on the 5-year route may also be qualified to apply if they have lived at least 60 months. It must be a 5-year route to settlement.
ILR Eligibility Requirements
- You must meet financial requirements to show that you can support yourself and any dependents. This may be through income from employment/self-employment, savings, or other income sources.
- You will also need to meet the two parts of the knowledge and language and Life in the UK requirements by passing the Life in the UK test and having a relevant English language qualification.
When Can You Apply for ILR using Set M?
- You must apply for ILR before your leave expires to avoid overstaying.
- You must apply up to 28 days before your leave expires.
- You and any dependents must be present in the UK when applying.
Completing the Set M Form
- Ensure that the Set M form is correct for your circumstances and is the current version.
- Complete all relevant sections truthfully and sign the form.
- Pay the correct ILR application fee and provide biometric information.
- Include all required supporting documents, including identification and proof of eligibility.
- Provide all reasons for wanting to stay in the UK and include additional information in Section 8D to support your application.
Indefinite leave to remain spouse documents
- ID: a valid passport, national identity card, or travel document.
- Photographs: passport-sized colour photos of all applicants and your partner if you are applying as a partner.
- Financial records: bank statements, pay slips, building society accounts, etc.
- Proof of residence: evidence of living with your partner, such as utility bills, medical letters, etc.
- Evidence of life and language knowledge in the UK: Life in the UK test certificate, English language qualification, etc.
- Proof of your partner's residency status: your partner's passport or travel documents.
Processing Time and Fees
- Processing time for ILR applications can take between 3-6 months.
- The fee is £2404 per applicant.
Need Assistance? The Set M form is a complicated and lengthy application process, and ensuring that all information is provided fully and correctly is essential. Kayani Legal, a firm of solicitors, helps with all aspects of the UK ILR application, including eligibility, compiling a comprehensive submission, and avoiding potential pitfalls. Contact us for an expert.
How to Apply for Indefinite Leave-To-Remain (ILR) in the UK
A Step-by-Step Guide
01. Determine Eligibility
To be eligible for ILR, you must have resided in the UK with your spouse or partner for five years. Your partner can be a married, civil, or unmarried same-sex partner. It would help if you also planned on living with your UK partner.
02. Gather Required Documents
When applying for ILR, you will need to provide the following documents:
- Passport
- Proof of your existing leave to remain.
- Proof of any absences from the UK
- Residence proof for the last five years
- Payslips from your employer to confirm you satisfy the minimum income provisions.
- Proof you fulfil the English language requirement.
- Proof you have passed the Life in the UK test.
03. Meet the Financial Requirement
To be eligible to apply for ILR as a spouse, you must meet the financial requirements to show that you can support yourself and any dependents. You will need at least £29,000 as a partner, with additional amounts required for each dependent child. Exceptions may apply if your sponsor receives certain benefits.
04. Meet the English Language Requirement
Anyone aged 18-65 must demonstrate English proficiency to the required level (B1 of the CEFR framework) in speaking and listening. You can be exempt from this requirement due to age, disability, or exceptional circumstances.
05. Pass the Life in the UK Test
Anyone aged 18-65 must pass the Life in the UK test to be eligible for ILR. You can be exempt from this requirement in exceptional circumstances.
06. Pay the Application Fee
The fee for ILR is £2408.20, with an additional fee of £800 for super-priority processing.
07. Submit Your Application
After gathering all required documents, paying the fee, and meeting the eligibility requirements, you can submit your ILR application. The standard processing time is up to 6 months, but there is an option for super-priority processing with a decision in 24-48 hours.
08. If Your Application is Refused
If your ILR application is refused, you may have the option to reapply, appeal the decision, lodge an administrative review, or issue judicial review proceedings.
09. After Receiving ILR
Once you have been granted ILR, you are now a settled person in the UK and can apply for naturalisation immediately.
Processing Time and Fees
- MM (Lebanon) v SSHD (2017) In this case, the Supreme Court ruled that the minimum income requirement for a sponsor to bring a non-European Economic Area (EEA) national spouse to the UK was lawful but must be proportionate.
- R (on the application of Bibi) v SSHD (2018) In this case, the Court of Appeal found that the Home Office's decision to deny the applicant's indefinite leave to remain application was procedurally unfair, as the Home Office failed to take into account relevant factors.
- IA (Sri Lanka) & Ors v SSHD (2018) This case concerned the eligibility criteria for partners of settled persons under the Immigration Rules. The Court of Appeal ruled that the Home Office must take a "realistic and holistic" approach to assess the requirements, including the genuineness of the relationship.
- AM (Zimbabwe) v SSHD (2018) The court ruled that the Home Office must consider the child's best interests when deciding applications for indefinite leave to remain as a parent.
- R (on the application of MM (Lebanon)) v SSHD [2017] UKSC 10: This landmark case considered the government's "minimum income threshold" policy for sponsoring non-EEA spouses' entry to the UK. The Supreme Court ruled that the policy was lawful but must be proportionate and not unduly harsh on families.
- B v SSHD [2017] EWHC 1433 (Admin): This case dealt with the Home Office's policy of requiring spouses to pass the Life in the UK test as a requirement for indefinite leave to remain. The High Court ruled that the policy discriminated against those who could not pass the test due to learning difficulties
- R (on the application of ZH (Tanzania)) v SSHD [2011] UKSC 4: This case concerned the Home Office's policy of denying indefinite leave to remain to spouses who had been in the UK for less than two years. The Supreme Court ruled that the policy was discriminatory and breached the right to family life under Article 8 of the ECHR.
- R (on the application of Nasar) v SSHD [2017] EWHC 757 (Admin): This case dealt with the Home Office's policy of requiring spouses to provide evidence of their relationship's longevity, such as joint bank accounts and holidays. The High Court ruled that the disproportionate policy breached Article 8 of ECHR.
- R (on the application of Khan) v SSHD [2018] EWHC 1520 (Admin): This case dealt with the Home Office's policy of denying indefinite leave to remain to spouses who had been in the UK for less than four years, even if they had been separated from their sponsor due to a relationship breakdown. The disproportionate policy breached Article 8 of the European Convention on Human Rights.
Find Your Answer
Frequently Asked Questions
Spouse Indefinite Leave to Remain (ILR) allows individuals married to or in a civil partnership with a UK citizen or settled person to live and work in the UK without time restrictions.
You must
- Have completed 5 years in the UK on a spouse visa.
- Meet the financial requirement.
- Pass the Life in the UK test.
- Demonstrate English language proficiency.
- Provide proof of a genuine and subsisting relationship.
Standard applications take up to 6 months, while super-priority processing provides a decision within 24-48 hours.
You must demonstrate an annual income of at least £18,600 for the couple, plus £3,800 for the first dependent child and £2,400 for each additional child.
Yes, unless you are exempt due to age (under 18 or over 65) or a long-term physical or mental condition.
Essential documents include
- Passport.
- Proof of residence for the past 5 years.
- Evidence of financial stability (e.g., payslips, bank statements).
- Marriage or civil partnership certificate.
- English language test certificate.
- Life in the UK test certificate.
Yes, children under 18 can be included as dependents if they meet the eligibility criteria.
Yes, but you must not have been outside the UK for more than 180 days in any 12-month period during your qualifying period.
You may have the option to
- Appeal the decision.
- Apply for an administrative review.
- Submit a judicial review.
Yes, if your current spouse visa allows you to work and is still valid.
Your visa may be curtailed, but you might qualify for a different visa category depending on your circumstances (e.g., parent visa).
No, if your previous English language test meets the requirements and has not expired.
The standard application fee is £2,404 per applicant, with an additional £800 for super-priority processing.
Yes, if you have been living in the UK for 3 years as the spouse of a British citizen and meet the citizenship requirements.
A solicitor can
- Ensure your application is complete and accurate.
- Help gather the necessary evidence.
- Advise on complex cases.
- Reduce the risk of refusal due to errors or missing documents.
Why choose Kayani Legal
Processing Time and Fees
- Kayani Legal has years of experience navigating the intricate requirements of Spouse Indefinite Leave to Remain (ILR) applications.
- Our team stays updated on the latest immigration laws and policies, ensuring that every application meets current Home Office standards.
- We provide clear guidance to help clients understand complex rules, such as eligibility criteria, financial requirements, and documentation standards.
Tailored Support for Complex Cases
- Each client’s situation is unique, and we craft personalised strategies to address specific challenges.
- Whether it’s proving a genuine relationship, managing financial evidence, or dealing with previous visa refusals, we offer customised solutions.
- For clients with urgent timelines or complicated histories, we provide strategic advice to enhance the chances of success.
Comprehensive End-to-End Services
- From initial eligibility assessments to final application submissions, Kayani Legal offers a seamless experience.
- Our solicitors assist in gathering, organising, and submitting the required documents to avoid unnecessary delays or refusals.
- We also handle appeals, administrative reviews, and judicial reviews for clients whose applications face challenges.
High Success Rate and Client Satisfaction
- With a proven track record of successful ILR applications, Kayani Legal has earned the trust of thousands of satisfied clients.
- Our commitment to transparency, professional ethics, and diligent case management ensures positive outcomes.
- Testimonials from previous clients highlight our ability to resolve difficult cases and achieve successful results.
Transparent and Client-Focused Approach
- At Kayani Legal, clients are our top priority. We maintain clear communication throughout the process, providing regular updates and detailed explanations of all steps involved.
- We offer cost-effective solutions without compromising on quality, ensuring that clients receive exceptional value for their investment.
- Our solicitors are approachable and accessible, ready to answer any questions and provide reassurance during this critical process.
More Services
Our Immigration Lawyers
Individual Immigration
Spouse or Partner Visa
Spouse Indefinite Leave to Remain
Naturalisation as a British Citizen
British Citizenship By Marriage
British Citizenship By Descent
7 Years Child Application
Adult Dependent Visa
FLR FP Partner Application
UK Visit Visa
Family Visa
Business Visa
Visit an Academic
Visit for Medical Reasons
Marriage Visitor Visa
Business Immigration
Sponsorship Licence Renewal
Sponsorship Licence Revocation
Certificate of Sponsorship
Self Sponsorship
Senior or Specialist Professional
UK Minister of Religion Visa
Youth Mobility Visa UK
Sportsperson Visa Application
Health and Care Worker Visa
Global Business Mobility Visas
Innovator Visa
UK Expansion Worker Visas
UK Business Visas
Immigration Appeals
Administrative Review
Judicial Review
Asylum
Indefinite Leave as a Refugee
UK Work Permit
Biometric Residence Permit UK
Indefinite Leave To Remain UK
Immigration Bail
Detention and Deportation
Premium Application
Visa Switching
Sportsperson Visa Application
UK Frontier Worker Permit
UKVI IELTS Test
Life in the UK Test
Accreditations
