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Dec 30, 2016

Spouse Visa - switching from 10 year to 5 year route

14 comments

For last 1 year, I have a Spouse visa under the 10 year route to Settlement. However, now both me and my husband earn a total of more than GBP 18600 per year, can I now switch to the 5 year route to Settlement?

sachin-sawant
Jan 15, 2017

Yes, you can switch to the 5 year route to Settlement if you meet the Financial and English language requirement.

 

However, please note that the time already spent, i.e. last 1 years on your Spouse visa under the 10 years route to Settlement will be lost and you will be required to complete new 5 years on the 5 year route to qualify for Settlement / Indefinite Leave to remain.

 

In total, you will save 4 years (i.e. 10 yrs required on previous route minus 1 yr spent minus 5 yrs on New Route)

Abul Quazi
Nov 26, 2017

Hi,

 

 

My wife was initially on a Spouse visa and now on the 10 year route due to me the Sponsor not meeting the financial requirement.

 

Can I get her to switch to the 5 year route? Will the clock be reset or will the previous stay count for ILR purposes?

 

Thanks.

 

Abul

 

sachin-sawant
Nov 27, 2017

Hi Abul,

Yes, your wife can switch to the 5 year route to Settlement, if you are now meeting the financial requirement.

 

The clock will reset and your wife will have to live for 5 years in the UK from the date of grant of the new leave under the 5 year route to settlement and then she will qualify for Indefinite Leave to Remain

Abul Quazi
Nov 28, 2017

Thank you Sachin

 

Abul Quazi
Dec 10, 2017

When I switch ill be using the flr fp form?

fatmaelali
Apr 21, 2018

Hi iam under 10 year route now. Iam in the uk for 5 year till now. My husband work part time and know iam a carer of my friend and i have 2 kids and take benefits. With this new situation i can swutch to 5 year route and i can apply this year for settlement instead of apply to extend a visa for another 2.5 year.

sachin-sawant
Apr 24, 2018

Hi fatmaelali

Please note that in order to qualify for ILR(Indefinite Leave to Remain in the UK) under any route(either 5 year or 10 year), you should be on that particular route for the qualify period. In your case, you have completed your first five years on the 10 year route, hence you cannot use these first five years to qualify for ILR under the 5 year route to settlement. Even if you switch to the 5 year route now, you will have to complete further five years under the 5 year route to qualify for ILR. Hence, in your case, it would be better to continue the whole 10 years under the 10 year route which you are already on currently.

fatmaelali
Apr 24, 2018

Iam in the uk for 5 years. But am in 10 year route from 2.5 years because am not qualify the finanical requirements. This years eith my job and my husband job we earn 18600/ years. On September my extension visa will expire ( under 10 year route). What i can do ??

I can apply for settlement?

Please according to your acknowledgement, what the best thing i can do it?

MeritaMuhamet Mmk
May 12, 2018

Hi , i came in London on 2013 with a spouse visa and in 2015 i had to extend my visa where they put me on a 10 year route because of the low income,in january 2019 my visa expires but if i moveto a 5 year route now (as we have enough income) does it mean that in january i can apply for indefinite leave to remain or all these 5 years dont count and i will be able for indefinite leave only in 2024?

sachin-sawant
May 13, 2018

Dear MeritaMuhamet Mmk

 

If you move to the 5 year route now, then you will have to complete further 5 years from the date of issue of your new leave to remain, please refer to the Settlement - Marriage or Partner SET (M) Guidance Notes at:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/633927/SET_M__Guidane_Notes_08-2017.pdf

In this document under Guidance note 1 - For Which Applications Must You Use Form SET(M)?, under second paragraph, it states that "family life as the partner of a person present and settled in the UK (5-year route). You will only be eligible to apply for indefinite leave if you were last granted 30 months limited leave to remain as a partner and have completed at least 60 months with such leave granted under Appendix FM on a 5-year route to settlement

kristal evans
Jun 19, 2018

Hi,

Please, my last application ended in court with HO, After 3 month of delay i was later told to withdrew my case and they will give me residence permit. Found out late i was put on 120 month before i'm able to apply for permanent residency. I am on panther route November 2019 will be my 5th year. i applied for my 10 year and it was rejected because i have 1 day gap within the 14 days grace. Very frustrating 2016 was my 10th year, wasted. I meet the funding and everything for the 5 years route. what can i do next year i don't want to renew, i have 2 British sons age 7 and 5. Please can i apply ILR NEXT YEAR.

Many Thanks

sachin-sawant
Jun 19, 2018

Hi kristal evans,

From what I understand from the facts is that your current Biometric Residence Permit (BRP) is granted under the 10 year route to settlement. If that was a mistake on the part of UKVI, then this should have been raised with UKVI when this BRP was issued. If you continued to accept that UKVI mistake, then your are currently on the 10 year route, hence you will have to complete 10 years under the same route to qualify for Indefinite Leave to Remain (ILR), you will not be eligible to apply for ILR after completing 5 years.

If you meet the financial requirement, then you will have to apply for the leave again under the 5 year route to settlement and then you will have to complete a fresh set of 5 years on that route.

kristal evans
Jun 20, 2018

Thanks, is it possible for HO to reconsider and change it if i ask a lawyer to write or take on my case?? Also what can i apply for as I do not want to renew, i just want to apply to remain. I am executed can't do another 60 month Finally, Is there any rule i can apply under or that applies to my case?? Thank you.

Living with partner with 2 children since 2012.

Thank you

K. Young
Oct 2

Hi everyone,

 

Just a quick question, once your on the 10-year route, now soon can you switch to the 5-year route once you meet all the requirements, a day, a month a year?

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  • sachin-sawant
    Oct 26, 2018

    It is a common misconception among applicant's that they need to evidence the Cash Savings of GBP 62500 at the time of filing of the Indefinite Leave to remain ( ILR ) under the 5 year route to Settlement. Please note that the Cash Savings of GBP 62500 is only required to be met at the time of the Entry Clearance / Initial leave to remain and again at the Extension / further leave stage under the 5 year route to Settlement. At the ILR stage, the savings requirement would be GBP 34600, if the financial requirement is to be met only by Cash Savings, this is calculated by adding the financial requirement of GBP 18600 to the base amount of GBP 16000. If you have any dependants applying with you, then the you will have to add the financial requirement amount to the the base amount of GBP 16000. For example, if applying with one dependant - GBP 22400 plus GBP 16000 = GBP 38400 if applying with two dependants - GBP 24800 plus GBP 16000 = GBP 40800 and so on..
  • sachin-sawant
    Oct 11, 2018

    Yes, a Partner visa applicant can use income from employment in a foreign country, if the following conditions are satisfied: The application is filed outside the UK, i.e. an Entry Clearance application is made The Applicant and the Sponsor (plus any Dependant children - aged under 18) are living outside the UK and the whole family wishes to come and live in the UK The Sponsor is in employment outside the UK, earning a Salary in foreign currency equivalent at least GBP 18600 (or higher - if applying with dependants, see forum answer on "How much income is required to meet the financial requirement" ), The Sponsor has secured a job in the UK and has a signed contract with his prospective UK employer with at least a Salary of GBP 18600 (or higher - if applying with dependants) and the starting date of the employment is within 3 months of the Sponsor's return to the UK Any shortfall can be met with Cash Savings ( see forum answer on "How to meet the financial requirement with Cash Savings?") NB: The Applicant's employment income, either foreign or future UK income, cannot be used to meet the Financial requirement in this case. [the foregin currency conversion should be applied as per the currency converter on the website https://www.oanda.com/ on the date of application. The date of application is the date on which the online application is submitted and the Immigration Health Surcharge and UKVI fees are paid]