USA and the UK
If you are currently living in the UK with a Spouse Visa, you may be wondering how you can make your residence more permanent. As a spouse of a British citizen or person with settled status, you are given leave to remain in the UK when you enter on a Spouse Visa.
Usually, with a Spouse Visa, you will be able to live in the UK for a period of two and a half years. After this, you can extend your visa for a further two and a half years. As a spouse, you can apply for Indefinite Leave to Remain (ILR) after living continuously in Britain for five years. Indefinite Leave to Remain will be a necessary step for anyone looking to apply for British Citizenship by marriage in the future. Going from a Spouse Visa to ILR will mean that you will have more freedom from immigration restrictions, including more freedom to travel.
How can IAS help you get ILR from a Spouse Visa?
If you are looking to settle in the UK permanently without restrictive visa conditions you can transition from a Spouse Visa to ILR. One of our immigration lawyers can work with you to examine the best routes for you. They will support you throughout each stage of your application process and maximize your chances of settling in the UK. Our services include a full document check, the organization of your application and contact with the Home Office on your behalf. Contact us today on +1844 290 6312 or use our online contact form for more information and to start your application.
Last modified on June 17th, 2023 at 7:45 am
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You can apply for ILR from a Spouse provided you (the applicant) meet the following requirements:
- You earn at least £18,600 per annum
- You have no criminal offenses either in the UK or any other country
- You have passed the ‘Life in the UK Test’
- You can supply Biometric Resident information
- If you are not a US national, you may need to pass an English language test
To be eligible to switch from a Spouse Visa to ILR, you will need to show that you continue to meet the requirements of your visa.
This will mean proving that you are still in a committed relationship with your partner and that you both live together. It will also mean proving that you still have a household income of at least £18,600 per year.
As long as you earn at least as much as when you renewed your visa, you should be able to meet the financial requirement to change from a Spouse Visa to ILR.
When applying for a Spouse or Partner Visa, you will need to prove that your relationship to your partner is genuine and subsisting.
The Home Office are strict with Spouse visa applications, as they are trained to spot cases of marriage fraud or ‘sham marriages’.
As a result, it is not recommended that you marry a British citizen solely to move to the UK.
Read more about Spouse and Partner Visas.
Once you have been granted Indefinite Leave to Remain, you can make an application for British citizenship by marriage.
This process is called Naturalization.
Read more about British Citizenship by marriage.
As part of our service at IAS, you will be paired with a specialist immigration lawyer. They will work with you throughout your entire inquiry/application process.
Your lawyer can:
- Assess your eligibility for ILR or British Citizenship;
- Gather and file your documents into an organized evidence portfolio;
- Complete your application in full to a professional standard;
- Write a Letter of Representation to accompany your application. This will plead your case by drawing on relevant case-law and discussing your application’s merits;
- Help you prepare for the Life in the UK test;
- Liaising with the Home Office until a decision on your application is reached.
Contact us by using our online form or on +1844 290 6312 to set-up a meeting with your assigned lawyer.