Spouse Visa ILR 5-year route & UK Settlement Statistics 2006-17

Requirements for ILR as a Spouse- Set M GuidanceThis relates to UK spouse visa ILR requirements under 5-year route for the spouse, civil, unmarried and same-sex partner of a person present and settled in the UK. And also explains the details of UK partner settlement visa during 2006-2017.

Applying for Indefinite Leave to Remain as a Spouse

It is mandatory to use Application Form SET(M) for applying ILR as the Partner of a Person Present and Settled under 5 Year Route only those applicants will be eligible to apply for an ILR who were last granted thirty (30) months limited leave to remain as a partner and have been able to complete at least sixty (60) months (5-Years) under Appendix FM: Family Members of the Immigration Rules.

Here it is important to note that the period of 5-Year runs from:

  • the date on which an applicant entered the UK as a Spouse or Civil Partner; or
  • the date on which an applicant was first granted leave to remain in the UK as a Spouse or Civil Partner i.e.if an applicant did not enter the UK on a spouse visa {but for instance on a Marriage Visitor Visa (fiancé visa)} then from the date on which an applicant is first granted leave to remain in the UK in the relevant category.

A person who is eligible to apply for settlement (indefinite leave to remain) on a 5-year route, in an application made from 9 July 2012, should apply for indefinite leave to remain no more than 28 days before their extant leave expires or no more than 28 days before they have completed at least 60 months in the UK with such leave

Requirements for Indefinite Leave to Remain

The requirements to be met by an applicant for indefinite leave to remain (ILR) as the spouse, civil, unmarried or same-sex partner of a British citizen, a person settled in the UK, or a person in the UK with refugee leave or humanitarian protection are set out in Section R-ILRP of Appendix FM, Immigration Rules.

The requirements to be met for indefinite leave to remain as a partner set out in Section R-ILRP.1.1. Accordingly, the applicant and his/her partner need to in the UK for making a valid application for indefinite leave to remain as a partner. Certainly, the applicant must not fall for refusal under any of the suitability grounds in Section S-ILR: Suitability for ILR and needs to meet all of the requirements of Section E-ILRP: Eligibility for ILR as a partner. Moreover, an applicant needs to meet all the eligibility requirements for leave to remain in the UK under Section E-LTRP or paragraphs E-LTRP.1.2.-1.12. and ELTRP.2.1. where paragraph EX.1. is applicable.

Spouse Visa ILR Grant

Where an applicant meets the requirements of R-ILRP.1.1., they will be granted indefinite leave to remain under D-ILRP.1.1.

Grant of a Limited Leave to Remain instead of ILR

If an applicant fails to meet all of the spouse visa ILR requirements due to either suitability under paragraph S-ILR.1.5. or S-ILR.1.6. applies or inability to demonstrate sufficient knowledge of the English language and life in the UK requirement in accordance with Appendix KoLL under paragraph D-ILRP.1.2. then the spouse, a civil, unmarried, same-sex partner is only granted a further limited leave to remain as a partner for a period not exceeding 30 months. Moreover, the limited leave to remain is subject to a condition of no recourse to public funds. And also the applicant needs to pay the Immigration Health Surcharge under the Immigration (Health Charge) Order 2014.

Limited Leave to Remain as a Partner under 10-year route

Under paragraph D-ILRP.1.3., if the applicant meets the requirements for leave to remain as a partner under the 10-year route, they will be granted leave to remain for a period not exceeding 30 months as a partner under paragraph D-LTRP.1.2. of Appendix FM. Moreover, under paragraph GEN.1.11A, this grant of limited leave will normally be subject to a condition of no recourse to public funds, unless the applicant has provided the decision maker with satisfactory evidence that they are destitute, or satisfactory evidence that there are particularly compelling reasons relating to the welfare of a child of a parent in receipt of a very low income.

Extant of Leave up to a max 28 days

Where an applicant has extant leave as a partner under Appendix FM at the date of application, any period of extant leave, up to a maximum of 28 days, will be added to the period of leave that they are being granted under paragraph D-LTRP.1.2. or DILRP.1.2. An applicant with extant leave in this scenario will, therefore, be granted a period of leave slightly in excess of 30 months.

Spouse or Civil Partner can reapply for an ILR

If the applicant has already completed 60 or 120 months in the UK with limited leave as a partner, they should be informed that should the reason they do not meet the requirements for indefinite leave to remain be overcome, they will be eligible to make a further charged application for indefinite leave to remain at any time within the 30 month period of leave granted under paragraph D-LTRP.1.2. or D-ILRP.1.2. They do not need to wait until their leave expires if they become able to meet all the requirements. If not, they should make their next application no more than 28 days before their leave is due to expire, or within 28 days of completing the period of leave in the UK required for them to be eligible to apply for indefinite leave to remain.

Limited Leave to Remain for the Dependant Child

Where a partner is being granted leave to remain on the basis of paragraph DLTRP.1.2. or D-ILRP.1.2., any dependent child included in the application who requires leave should be considered under paragraph R-LTRC.1.1. If the child meets those requirements, they should be granted leave to remain under paragraph D-LTRC.1.1. of the same duration and subject to the same conditions in respect of recourse to public funds as their parent who is, or has been, granted leave under the partner rules of Appendix FM.

UK Spouse Visa ILR Refusal

If a spouse, civil, unmarried or same-sex partner does not meet the requirements for ILR (settlement) under paragraph D-ILRP.1.1., or for further leave to remain under D-ILRP.1.2. or DILRP.1.3., and there are no exceptional circumstances then the Home Office is quite likely to refuse the ILR application.

Spouse Settlement Visa UK Statistics 2006-2017

During the period 2006-2017, the highest number of spouse visas were granted in 2009 (55,600) and the lowestnumber of spouse visas were granted in 2017 (4,280).

Moreover, during the period, 143,974 and 267,258 Spouse Settlement Visas were granted as Husbands and Wiveswith the following yearly breakup:

UK Settlement Statistics: Grants to spouses on the basis of marriage 2006-17

Year Husbands Wives Total
2006 15,519 27,198 42,717
2007 13,809 23,174 36,983
2008 15,988 25,341 41,329
2009 19,872 35,728 55,600
2010 18,425 34,722 53,147
2011 14,188 27,496 41,684
2012 12,620 24,779 37,399
2013 16,648 33,850 50,498
2014 9,526 18,704 28,230
2015 4,721 9,373 14,094
2016 1,540 3,731 5,271
2017 1,118 3,162 4,280
Total 143,974 267,258 411,232

10 Sub-Categories of Spouse Settlement Grants

According to Official Statistics, during 2006-17, grants of settlement to spouses on the basis of marriage granted in TEN (10) sub-categories.

Grants of settlement to spouses on the basis of marriage

Sub-Category Husbands Wives Total % age
Spouse already settled here but not British 8,701 19,480 28,181 6.85%
Civil Partner already settled here but not British 254 107 361 0.09%
Spouse a British citizen 124,426 223,283 347,709 84.55%
Civil Partner a British citizen 3506 1009 4515 1.10%
Granted settlement due to domestic violence after leave to remain granted as a spouse 670 8148 8818 2.14%
Granted settlement due to death of a spouse after leave to remain granted as a spouse 188 714 902 0.22%
Same-sex partner 1255 369 1624 0.39%
Common-law spouse 2757 6204 8961 2.18%
Spouses granted settlement on arrival 1995 4920 6915 1.68%
Other spouses 222 3024 3246 0.79%
Total 143,974 267,258 411,232 100.00%

Spouse Already Settled in the UK But Not British

During 2006-2017 a total of 28,181 settlement grants to applicants on the basis of marriage, whose spouse is already settled in the UK but is not British. Accordingly, 8,701 and 19,480 ILR (settlement) grants as Husbands and Wives of a Spouse Already Settlement in the UK but not British, with the following yearly breakup:

Spouse Already Settled here but not British

Year Husbands Wives Total
2006 867 2,078 2,945
2007 915 1,903 2,818
2008 1,147 2,244 3,391
2009 1,253 2,706 3,959
2010 929 1,959 2,888
2011 663 1,380 2,043
2012 659 1,429 2,088
2013 1,132 2,803 3,935
2014 606 1,617 2,223
2015 337 933 1,270
2016 119 266 385
2017 74 162 236
Total 8,701 19,480 28,181

Civil Partner Already Settled in the UK But Not British

During 2006-2017 a total of 361 settlement grants to applicants on the basis of marriage, whose civil partner is already settled in the UK but is not British. Accordingly, 254 and 107 settlement grants as Husbands and Wives of a Civil Partner Already Settlement in the UK but Not British, with the following yearly breakup:

Civil Partner already settled here but not British

Year Husbands Wives Total
2006 1 2 3
2007 3 4 7
2008 42 10 52
2009 37 18 55
2010 40 14 54
2011 25 11 36
2012 22 8 30
2013 41 22 63
2014 26 12 38
2015 8 4 12
2016 4 1 5
2017 5 1 6
Total 254 107 361

Spouse a British Citizen

During 2006-2017 a total of 347,709 settlement grants to applicants on the basis of marriage, whose spouse is a British Citizen. Accordingly, 124,426 and 223,283 settlement grants as Husbands and Wives of a British Citizen, with the following yearly breakup:

Spouse a British citizen

Year Husbands Wives Total
2006 13,647 23,090 36,737
2007 11,927 19,233 31,160
2008 13,146 20,602 33,748
2009 17,254 30,679 47,933
2010 16,308 29,646 45,954
2011 12,388 23,443 35,831
2012 10,951 21,271 32,222
2013 14,386 28,591 42,977
2014 8,194 15,414 23,608
2015 4,069 7,204 11,273
2016 1,291 2,341 3,632
2017 865 1,769 2,634
Total 124,426 223,283 347,709

Civil Partner a British Citizen

During 2006-2017 a total of 4,515 settlement grants to applicants on the basis of marriage, whose civil partner is a British Citizen. 3,506 and 1,009 settlement grants as Husbands and Wives whose Civil Partner is a British Citizen, with the following yearly breakup:

Civil Partner a British citizen

Year Husbands Wives Total
2006 22 12 34
2007 26 18 44
2008 589 144 733
2009 571 157 728
2010 485 133 618
2011 445 117 562
2012 397 122 519
2013 493 163 656
2014 332 102 434
2015 109 37 146
2016 13 2 15
2017 24 2 26
Total 3,506 1,009 4,515

Granted Settlement Due to Domestic Violence

During 2006-2017 a total of 8,818 settlement grants to the victims of domestic violence after leave to remain granted as a spouse or civil, unmarried or same-sex partner. Accordingly, 670 husbands and 8,148 wives granted settlement due to domestic violence after leave to remain granted as a spouse, with the following yearly breakup:

Granted settlement due to domestic violence after leave to remain granted as a spouse

Year Husbands Wives Total
2006 7 302 309
2007 11 264 275
2008 31 616 647
2009 34 708 742
2010 55 766 821
2011 72 951 1,023
2012 98 753 851
2013 119 787 906
2014 70 689 759
2015 61 596 657
2016 46 796 842
2017 66 920 986
Total 670 8,148 8,818

Granted Settlement Due to Death of Spouse

During 2006-2017 a total of 902 settlement grants under the family route due to death of a spouse after leave to remain granted as a spouse or civil, unmarried, same-sex partners. 188 Husbands and 714 Wives granted settlement due to the death of a spouse after leave to remain granted as a spouse with the following yearly breakup:

Granted settlement due to death of a spouse after leave to remain granted as a spouse

Year Husbands Wives Total
2006 13 64 77
2007 22 69 91
2008 21 62 83
2009 19 52 71
2010 19 63 82
2011 15 50 65
2012 7 55 62
2013 12 70 82
2014 13 42 55
2015 17 45 62
2016 13 70 83
2017 17 72 89
Total 188 714 902

UK Spouse Settlement as a Same-Sex Partner

During 2006-2017 a total of 1,624 settlement grants as a same-sex partner. Accordingly, 1,255 and 369 settlement grants to Husbands and Wives, respectively, of a same-sex partner with the following yearly breakup:

Same-sex partner

Year Husbands Wives Total
2006 334 79 413
2007 282 78 360
2008 212 53 265
2009 121 31 152
2010 83 35 118
2011 65 20 85
2012 54 25 79
2013 60 25 85
2014 28 16 44
2015 8 4 12
2016 5 2 7
2017 3 1 4
Total 1,255 369 1,624

Settlement as a Common-Law Spouse

During 2006-2017 a total of 8,961 settlement grants under this category. Accordingly, 2,757 and 6,204 settlement grants as Husbands and Wives of a Common-Law Spouse, respectively, with the following yearly breakup:

Common-law spouse

Year Husbands Wives Total
2006 242 563 805
2007 264 629 893
2008 421 845 1,266
2009 380 800 1,180
2010 325 749 1,074
2011 268 648 916
2012 266 637 903
2013 311 764 1,075
2014 191 397 588
2015 58 113 171
2016 18 21 39
2017 13 38 51
Total 2,757 6,204 8,961

Spouses Granted Settlement on Arrival in the UK

During 2006-2017 a total of 6,915 settlement grants under this category. Accordingly, 1,995 husbands and 4,902 wives granted settlement on arrival in the UK, with the following yearly breakup:

Spouses granted settlement on arrival

Year Husbands Wives Total
2006 332 834 1,166
2007 312 769 1,081
2008 348 707 1,055
2009 179 348 527
2010 169 600 769
2011 241 669 910
2012 159 358 517
2013 88 298 386
2014 54 164 218
2015 38 146 184
2016 26 9 35
2017 49 18 67
Total 1,995 4,920 6,915

Other Spouses

During 2006-2017 a total of 3,264 settlement grants under this category. Accordingly, 222 husbands and 3,024 wives granted settlement as Other Spouses, with the following yearly breakup:

Other spouses

Year Husbands Wives Total
2006 54 174 228
2007 47 207 254
2008 31 58 89
2009 24 229 253
2010 12 757 769
2011 6 207 213
2012 7 121 128
2013 6 327 333
2014 12 251 263
2015 16 291 307
2016 5 223 228
2017 2 179 181
Total 222 3,024 3,246

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