Indefinite Leave to Remain in the UK after 5 years on Spouse Visa
AMI DHANJEE >
Consultant SolicitorWed 29 August 2018
After spending 5 years in the UK on a spouse visa, you are eligible to make an application for Indefinite Leave to Remain. The requirements for this application are below:
- English Language Requirement - You will again need to meet this requirement but for this application you must achieve Level B1 if you are taking an English Language test. Otherwise you can meet it through your degree in the UK if relevant or a degree in another country if you meet the NARIC requirements. You are exempt from meeting this requirement if you are a national of a majority English speaking country, over the age of 65 or have an illness which prevents you from taking the test.
- Life in the UK test - You must complete the Life in the UK test to meet this requirement unless you are over 65 or have an illness which prevents you from taking the test.
- Relationship requirement - You must show evidence of your relationship with your spouse, in particular evidence that you have continued to live together since the grant of your last visa.
- Financial requirement - you must still meet the financial requirement of 18,600 either through your employment, self employment, cash savings etc.
- Accommodation - You must still show evidence of where you are living with your spouse.
You do not need to pay an NHS surcharge for this application as once you are granted Indefinite Leave to Remain you are entitled to claim benefits.
As the spouse of a British citizen, once you have been granted Indefinite Leave to Remain you are eligible to apply for British Citizenship straight away and I will talk about the requirements for this in my next blog.
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