Switching To Spouse VISA Under the 5 YEAR Route

Introduction

Applicants in the UK who are given permission to remain in the UK on human rights grounds are often placed on a 10-year route to settlement by the Home Office, as opposed to the five-year route towards settlement.

If you are presently in the UK on a 10-year route to settlement, you may be able to switch into a UK Spouse visa under the 5-year route. An application to switch into the 5-year spouse visa category is governed in accordance with the Immigration Rules.

We at Axis Solicitors, have extensive experience in dealing with all types of UK spouse visa matters, including spouse visa switching, spouse visa extension, spouse visa renewals and indefinite leave to remain applications on the basis of being in a genuine and subsisting relationship with a qualifying person in the UK.

Switching to Spouse Visa

Applicants in the UK on different visa categories, may be able to switch in-country, to a UK Spouse visa based on their relationship and marriage with a qualifying citizen. If you meet all the requirements of the Rules, you will mostly likely be granted 30 months leave under the 5-year route to settlement.

Applicants who cannot meet the set standard for moving under the 5-year spouse visa route, can apply to be switched into a spouse visa under the 10-year route to settlement.

An applicant needs to fill the application form FLR (M) and submit it to the Home Office in order to switch into a spouse visa from inside the UK.

Requirements for Switching to a Spouse Visa

Applicants intending to switch to a UK spouse visa must meet the following requirements:

• The applicant is lawfully in the UK.
• The applicant is not on a visitor visa
• The applicant must be in a genuine relationship with their partner;
• The UK spouse must be a qualifying person;
• You will need to meet the financial requirements
• You will have no adverse suitability issues
• You will need to meet the English language requirement if applicable
• You will need to be accommodated adequately

We recommend that you contact us for a free initial assessment to determine whether you meet all the eligibility requirements of the Rules.

Applications granted on 10-year Family and Private Life Routes Over the Years

Which visa categories allow you to switch into a spouse visa from within the UK?

We regularly deal with the following applications for switching into the spouse visa category:

• Skilled Worker (previously known as Tier-2) visa to spouse visa
• Intra- company transfer visa (previously known as Tier-2 ICT) to spouse visa
• Student visa (previously known as Tier-4) to spouse visa
• Temporary worker visa (formerly known as Tier 5 visa) to spouse visa
• Switching from 10 years partner route to 5 years partner route