Indefinite Leave to Remain based on 2 years’ residence as a spouse visa holder
If you would like a free assessment and advice regarding your potential ILR application (either the Premium service or postal application), please contact us online, or call us now on 0845 226 4030.
In order to qualify for Indefinite Leave to Remain (ILR) status on the basis of 2 years’ residence as the spouse / civil partner / unmarried partner of a British citizen or person settled in the UK, applicants must meet a range of different criteria. The applicant must have at least 2 years of residence in the UK whilst holding a spouse visa.
Applications can generally only be submitted up to 28 days prior to the residential qualifying period being met.
Any periods when the individual was in the UK without valid leave to remain will not count towards the qualifying period.
Applicants must also provide evidence to the UK Border Agency that, during the 2 years of residence, the applicant has resided in the same home as their spouse who is a British citizen or a person settled in the UK.
The applicant must also demonstrate knowledge of the English Language and life in the UK. This is achieved in one of two ways. For individuals with a high standard of English, the “Life in the UK” test can be completed. For those who do not speak a high standard of English, it will be necessary to take and pass a course in English and Citizenship.
Spouse visa holders wishing to qualify for ILR must also be free of all unspent convictions at the time of application. The period of time for the conviction to be spent varies; further information can be found here. Please note, the rules state that the presence of any unspent convictions count as an automatic reason for refusal.
If you are interested in making an ILR application, please contact us for initial advice on the strength of your case and the requirements.