Spouse Visa 10-Year Route

Last updated: 11 April 2024

Under the UK immigration rules, it is possible to have a spouse visa under a 5 or 10-year route to settlement. The Spouse visa 10-year route is open to spouse visa holders who do not meet the more rigorous eligibility requirements for the 5-year route. For example, as a spouse visa holder, you may not qualify for the 5-year route to settlement in the UK if you do not meet the minimum income, English language, or suitable accommodation requirements. In this case, you can consider applying for the 10-year route.

Making a successful application for a 10-year spouse visa settlement application if you do not meet the standard eligibility requirements can be difficult. It is advisable to engage the services of an immigration solicitor who can handle the process on your behalf.

For assistance with your spouse visa 10-year route application, please speak to our friendly immigration lawyers on 020 3744 2797 or by email at info@reissedwards.co.uk.

UK spouse visa 10-year route requirements

The Home Office’s rules for spouse visa applicants on the ILR 10 years route are more relaxed compared to the 5-year route when it comes to the minimum income, English language, and adequate accommodation requirements.

Minimum income requirement

Normally, spouse visa ILR applicants on the 5-year route require an income of at least £29,000 or £18,600 if you applied for a UK Spouse visa before 11 April 2024. If you do not meet the income requirements, you may still qualify for a spouse visa under the 10-year route.

Adequate accommodation requirement

The standard 5-year route to ILR for spouse visa holders requires that applicants meet the spouse visa accommodation requirement. This means that the accommodation must have suitable space and meet all public health regulations.

English language requirement

If you are applying under the 10-year route, you will not need to meet the spouse visa English language requirement. Under the spouse visa 5-year route, you normally need to pass an approved English language test to CEFR level A1 (unless you are from a qualifying English-speaking country or you have a degree or higher that was taught or in English). An applicant on the 5-year route may also be exempt if they are aged 65 or over or unable to take an English language test due to a long-term physical or mental condition.

Under the spouse visa 10-year ILR route, like with the 5-year route, you must be in a genuine and subsisting relationship with your UK-based partner. You will need to provide evidence that you are 18 years or over and married, in a civil partnership, or unmarried. If you are not married, you must have been living together for 2 or more years.

UK spouse visa extension 10-year route

If applying to renew your spouse visa under the 10-year route to ILR, you must still be living with and in a genuine relationship with your UK-based partner. Unlike the spouse visa 5-year route, you will not need to meet the spouse visa financial requirements or the English language requirement. If your spouse visa extension 10-year route application is approved, you will be granted leave for a further 2.5 years.

Switching from 10 year to 5-year Spouse visa

It is possible to switch from the spouse visa 10-year route to the spouse visa 5-year route at any time. You can make this switch as long as you can prove that you now meet all of the eligibility requirements for the spouse visa 5-year route. This means you must now meet the minimum income requirements, English language requirements, and accommodation requirements. It is important to note that any time spent on the 10-year route will not count towards ILR if you switch to the spouse visa 5-year route.

Spouse Visa 10-Year Route ILR

Under the spouse visa 10-year ILR route requirements, unlike the 5-year route, you can combine time spent in the UK on different visas. The rules state that you must have been living in the UK for at least 10 continuous years on any combination of visas which lead to indefinite leave to remain. Note, however, you cannot include time spent in the UK as a fiancé, fiancée or proposed civil partner. For example, you can include time spent on your spouse visa in addition to a work visa or business visa to qualify for ILR.

If applying for ILR after 10 years on a spouse visa, you will also need to prove that you meet the English language requirements (CEFR level B1)¹. You will also need to demonstrate that you have passed the Knowledge of Life in the UK test – this is the same regardless of whether you are applying under the 5 or 10-year route to settlement as a spouse visa holder.

References

¹ GOV.UK: Level of English language required