All UK spouse visa holders need to apply for ILR if they are wishing to settle in the UK permanently.
Many visas impose a limitation on the travel or staying outside the UK for a particular period within 5 years qualifying time for an Indefinite Leave to Remain UK.
The UK Spouse visa comes with an exception.
Let us discuss the restrictions imposed by the UK spouse visa on travel during the qualifying period leading up to ILR.
Restrictions on ILR for UK spouse visa holders
The travel restrictions are imposed on the other visa categories such as family visas, etc, and not on a UK spouse visa. However, it should be noted that even though there are no restrictions on the number of days spent outside the UK, staying outside the UK for an excessively longer period of time may cause you trouble and attract suspicion on your ILR application.
Furthermore, it is seen that the UK Home Office has been liberal during the ongoing Covid-19 situation and for the most genuine and compelling reasons, such excessively longer stays are disregarded.
Restrictions while making a British citizenship application
Like aforementioned, there is no time limitation for staying outside the UK on a UK Spouse visa but there is certainly a travel restriction while you decide to make British citizenship applications.
- You must not have stayed outside the UK for more than 270 days in the last 3 years of your qualifying time.
- You must not have stayed away from the UK for more than 90 days in the last 12 months.
Just in case your partner works in the Government and is posted somewhere else, then this reason must be specified at the time of your application.
ILR requirements for UK Spouse visa
The other requirements for spouse visa application for ILR are:
- Passing the life in the UK test
- Demonstrating B1 level of English proficiency.
- Both partners must be in cohabitation
- The intention to live in the UK must be strong and genuine
- Meeting the minimum financial requirements of £18,600 per year
- Some additional financial requirements if you have a dependent child/children. An increase of £3,800 for one child, and a further £2,400 for each additional child.
Application and processing time
The spouse visa application must be made online. The application cost is £1,523 for each application made from outside and £1,033 is for each application within the UK.
For Indefinite leave to remain application you must pay £2,389.
Initially, the spouse visa is granted for a period of 2 years 9 months and is extendable to further 30 months.
Documents required for spouse visa application
Based on you unique circumstances, you may need these documents:
- Proof of your identity
- Proof of your relationship such as your marriage certificate
- Proof of child/children, preferably the birth certificate
- If you are applying from outside the country, then proof of your parents’ nationality
- Proof of financial status
- Proof of English language test
In case you need immigration assistance, connect with the leading immigration specialists A Y & J Solicitors for their bespoke advice and services.
