If you are in the UK on a Spouse Visa and you have come to the end of your extension period and are at 5 years in the UK, you may be entitled to apply for Indefinite Leave to Remain (ILR) and no longer be subject to visa controls. In this article, we will look at Indefinite Leave to Remain (ILR) for those on a Spouse Visa and discuss eligibility to stay in the UK.
Yes you can gain Indefinite Leave to Remain (ILR) from a Spouse Visa, much like the other visa routes that lead to Indefinite Leave to Remain (ILR), you will need to ensure that you have spent 5 years in the UK and never spent more than 90 days in any one year outside of the country as this will affect your eligibility to apply.
You will need to submit an application to UKVI, this is normally done online via a straightforward application process. You will be required to provide documentary evidence and pay a fee and then UKVI will assess your application.
No, you will not be classed as a British citizen, you will just be classed as a ‘settled person” in the UK. You will be able to apply for British citizenship after having Indefinite Leave to Remain (ILR) for over 12 months. This will then entitle you to become a fully British citizen and have a British passport.
While we’re unsure at this stage of the changes that will be made by Britain leaving the European Union, it would seem at this stage very unlikely that the Spouse Visa will change in any way. The visa is linked to somebody who already is a “settled person” in the UK and it seems very unlikely that they will lose their rights. This being the case the visa route is not anticipated to change.
Due to the amount of information that may be required and the depth of investigation that may be needed, an Indefinite Leave to Remain (ILR) application will take a long time. With UKVI being especially busy, we would anticipate that this could take several months. If you have any queries about the processing time then please get in touch; we may be able to give you an up-to-date picture and an idea of how long an application should take to be processed.
If you have any more queries with regards to a Spouse Visa in the UK then please get in touch. Our immigration solicitors are experts in the field and will be able to offer you significant help with any query related to immigration.