Switching to Spouse Visa Under the 5 Year Route

An applicant is eligible to switch into a spouse visa if he/she is married to a British Citizen or settled person – which means the partner has indefinite leave to remain, permanent residency, or settled status in the UK. All the requirements set out by the Home Office regarding immigration rules must need to meet in order to successfully switch to the Spouse visa ( 5 years route ) in which the applicant will be granted 2.5 years leave to remain initially.

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Switch To Spouse Visa - 5 Year Route

Axis Solicitors - Expert UK Solicitors

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.

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.

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.

Year Family Life Private Life
2020 43,274 7,607
2019 66,997 13,030
2018 9,402 51,347
2017 5,401 32,478
2016 3,990 24,486
2015 3,602 19,450
2014 2,568 17,341
2013 2,367 17,973

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

Do I need a Solicitor for my application?

UK Immigration law is fast-changing and complex area of law. A well-prepared application will significantly boost the chance of success. We at Axis Solicitors work with our clients to understand their circumstances and existing immigration status to prepare the application as per the Home Office requirements for a favorable outcome.

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Immigration Matters

Spouse Visa

If you are married or in a civil partnership, you might be eligible to apply for UK Spouse Visa.

Fiance Visa

If you have 'settled status' in the UK, your fiance may be able to join you in the UK.

Naturalisation

After 12 months of getting your ILR, you might be eligible for naturalisation.

Deportation

If you have been detained or refused an entry in the UK, we are here to help, contact us.

ILR

If you have completed time required for your route legally, you might be eligible for ILR.

Detention

If you have been detained or refused an entry in the UK, we are here to help, contact us.

Asylum

If you have fear of persecution, you maybe eligible for grant of asylum as a refugee.

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