You might think about how to make your spouse eligible for ILR in the UK for the future and the chance of remaining in the country after you spent there for an extended period. When you and your spouse are married, or in a civil partnership, you may be keen on knowing if your husband or wife is eligible to be granted ILR in the UK. Being overwhelmed by the requirements and process for application is understandable, but let’s break this down simply for you. In this blog, we will explain the eligibility criteria, process, and important notes of consideration in applying for ILR based on being married to a person to live in UK.
First of all that should be understood is that your spouse eligible for ILR in the UK for application based on certain requirements. However, the ‘permanent home’ condition is an essential step in immigration if your spouse intends on living here permanently. However, you do not qualify by marriage or civil partnership. Many other factors apply, including how long your spouse has lived in the UK, their immigration status, and the nature of the visa which they hold.
Requirements for Spouse Eligible for ILR in the UK
If you satisfy a certain spouse eligible for ILR in the UK, one of the primary conditions is the length of time your spouse has resided in the UK on a valid visa. Essentially, if they were on a spouse or partner visa, then usually they must have stayed in the UK for at least five years. However, it all depends on the type of visa they have; therefore, this will be crucial to learn in order to have knowledge of the rules tailored specifically for your spouse’s case.
Another requirement in determining whether your spouse is eligible for ILR is his or her immigration history. They cannot have any immigration infractions either, such as overstaying a visa or breaking one of the conditions of immigration. If your spouse has a good immigration history, the chances of you both being granted ILR will be higher. Your spouse also needs to prove that they have a genuine relationship which is still ongoing with you. This will involve some proof, such as a marriage certificate or photographs, or communication history.
Application Process
After confirming your spouse eligible for ILR in the UK, the next thing is to start the application process. The application process for ILR can sometimes be tedious and has to be carried out very carefully step by step. The first step would be the filling of the ILR application form by your spouse, where all information related to personal details, immigration history, etc., along with other documents proving that eligibility is needed. Some of the documents that you may be required to present include the passport of your spouse, evidence that he/she is a resident and evidence of relationship.
After presenting the application form, your spouse would most likely be required to appear for an interview at a set time for the biometric information-taking procedure during which fingerprints and photographs will be taken as part of the security checks. The Home Office would also request additional information or even interviews to validate eligibility for ILR in some instances.
Once your spouse’s application is in and all documents have been verified, your spouse waits for a decision. There are no fixed processing times, but it can take up to several months. During the wait, you want to ensure that your spouse’s current visa is still valid. If the visa expires before the ILR decision, then this may be problematic.
Important Considerations for Spouses
While there is always a general set of requirements that needs to be met in order to be spouse eligible for ILR in the UK to apply, there are some other key considerations you should bear in mind. For instance, if your spouse has a criminal record or has been involved in any severe immigration violations, then they may not qualify for ILR. You have to ensure that your spouse has strictly adhered to all UK immigration laws while staying within the country.
Another relevant factor is the financial requirement. To join as a spouse, more often than not, there’s an element of some financial income needed to prove that you can each support the other in financially self-sufficient terms. The minimum income requirement for the sponsor is £18,600 per year; the more children you have, the more. Income could be derived from a job or savings, but your spouse will show that he can pass the financial requirement test.
What Happens After ILR is Granted?
Once their application for ILR is successful, your spouse will be accorded unrestricted freedom to live and work in the UK. Besides, they will enjoy public services, such as health services and social benefits. More importantly, after one year of achieving the status of ILR, your spouse will have the opportunity to apply for British citizenship, provided they meet other requirements for British citizenship.
For example, the status of ILR is lost if your spouse spends most time outside the UK. In the past, your spouse was not supposed to be out of the UK for more than two consecutive years. If they are likely to stay out of the UK for an extended period of time, either traveling or residing elsewhere, this will affect their Permanent Resident Status.
Can ILR be Refused?
An applicant’s spouse may sometimes be refused for ILR in the UK. This could be that their application does not meet the requirements necessary or they do not provide evidence to the required level. Some general reasons that lead to a refusal include missing papers, financial requirements, or previous immigration offense. In the event your spouse’s application is refused, that individual can appeal the judgment or might apply again using new documentary evidence. It would be prudent if your spouse sees a lawyer in the event his wife’s application to ILR is liable to be declined.
Whether your spouse eligible for ILR in the UK or not is determined based on the conditions and one needs to satisfy all of them. No moment is too small not to count from living in the UK for the proper amount of time with the right visa, proving that you’ve entered into a genuine relationship. However, once you have the right documents and meet the right requirements, your spouse may qualify for ILR, which would mean that they are allowed to settle permanently in the UK.
Be prepared for anything that might arise in the process. If you are unsure about any part of the process, consult an immigration lawyer to help walk you through the sometimes very complex system.
