How to apply for leave to remain as a spouse?

For many (holders of a marriage visa), the minimum qualifying period to be entitled to the ILR is a 5-year continuous period of residency in the UK. This category includes spouses/civil partners mostly. You are required to apply within 28 days of your Spouse Visa extension expiry.

The applicants are required to use and fill in either the FLR (M) (specifically for spouses) or FLR(FP) (if the requirements of the FLR (M) category aren’t met); whilst applying to extend your or your spouse’s stay in the UK.

This extension form is suitable for all family life category applicants, those intending to reside for a longer period conforming to the immigration rule on the following basis:

• Who is either a partner (unsettled status)—10-year route
• A parent with genuine interest to look after the child (of a partner from the previous marriage)—5 or 10-year routes
• Intending to live as a private partner—10-year route
• Leave outside the rules based on family/private life
• For the dependent child of a person who is/has at the same time a limited leave to remain status to reside in the UK other than the UK Ancestry or points-based system—10-year route

The point on the Private life partner is a “ separate kettle of fish”, even under the same form category, the Immigration law stipulates that those couples living illegally for the past 20 years would need to follow the additional ‘10-year route” to become authorized for the Permanent Residency (can switch to FLR(M) category if eligible). This category was previously known as ILR based on 14 years of residency.

The final point on the “parent of dependent of a person with settled status’ implies those foreign partners/spouses who don’t meet either the financial requirements or are the parental guardian of a child who is unable to live overseas—subjected to precarious circumstances; that the life of a child would be seriously affected if the non-settled partner moves away from the family (both the settled partner and the child).

It is important to note, that there are additional requirements for the Marriage Visa holders to become eligible for the Indefinite Leave to Remain Status and these mostly include the following prerequisites:

• You must be able to satisfy the “ genuine relation” requirement confirming that your non-British partner is intending to live and stay with you permanently in the UK
• You should also be able to satisfy the financial and accommodation adequacy requirements

The level of finances must be satisfied in the following ways:

• £18,600 (combined gross annual income) excluding dependant non-British children
• An additional £3,800 for the first non-British child
• An additional £2,400 per child subsequently

It is important to bear in mind that only a few, not all sources can be combined when providing proof of meeting the financial requirement for the ILR applications i.e. self-employment sources cannot be combined with the Savings.

As with the Spouse Visa UK extension requirements, the financial adequacy can be satisfied in the following manners:

If you have combined savings (up to £16,000), held for the last 6 months:

• Income as an employee (salaried), self–employment, or wages (non-salaried) from you and your partner