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Switching Into Spouse Visa UK (5 Years Route)

Switching Into Spouse Visa UK (5 Years Route)

You can apply for switching into spouse visa (5 years route) if you are married to a UK sponsor and you meet the eligibility requirements for switching into spouse visa. The application for switching into spouse visa under 5 years route is considered in accordance with requirements of the Immigration Rules as set out in Appendix FM of the Immigration Rules. If you meet all the requirements as set out in Appendix FM of the Immigration Rules, you will be granted 30 months (2.5 years) leave to remain under the 5 years route to settlement. Those applicants who cannot meet all the requirements for switching into spouse visa under 5 years route, they can apply for switching into spouse visa under 10 years route. As expert spouse visa solicitors, we can provide super prioirty service (decision within 24 hours) for your application for switching into spouse visa from inside the UK.

Specialist Spouse Visa Solicitors

Our expert team of spouse visa solicitors in London specialise in applications for switching into spouse visa. Our specialist spouse visa solicitors have successfully helped thousands of clients with the applications for switching into spouse visa. We can provide fast, friendly, reliable and fixed fee immigration services concerning your application for switching into spouse visa under 5 years route. Ask a question to our expert spouse visa solicitors for free immigration advice or submit an online request to book an appointment for detailed legal advice for your application for switching into spouse visa under 5 years route.

Super Priority Service (Decision Within 24 Hours) For Switching Into Spouse Visa

As one of the expert immigration solicitors based in London  we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service (SPS) for your application whereby decision on your application will be made by the Home Office UKVI within 24 hours of the enrolment of biometrics at a designated service centre.

Our specialist spouse visa solicitors can prepare and submit your application to the Home Office, UKVI through Super Priority Service (SPS) and get a decision on your spouse visa application within 24 hours. This way, you will not have to wait for the decision on your spouse application for months (sometimes years).

Eligibility Requirements For Switching Into Spouse Visa

For a spouse visa application to succeed, there are following main requirements:

  1. The applicant must be lawfully in the UK with leave to enter or remain which was originally granted for longer than 6 months and must not be in the UK as a visitor;
  2. Suitability criteria as set out in Appendix FM to the Immigration Rules
  3. The evidence of relationship between the sponsor and the applicant including evidence of valid marriage, regular contact and cohabitation;
  4. Both the applicant and the UK spouse must be aged 18 or over;
  5. Your UK spouse must also either:
    • be a British or Irish citizen; or
    • have settled in the UK – for example, they have indefinite leave to remain (ILR), settled status or proof of permanent residence in the UK; or
    • be from the EU, Switzerland, Norway, Iceland or Liechtenstein and have pre-settled status – they must have started living in the UK before 1 January 2021; or
    • have a Turkish Businessperson visa or Turkish Worker visa; or
    • have refugee status or humanitarian protection in the UK.
  6. The documentary evidence to comply with the financial requirement  as set out in Appendix FM;
  7. The adequate accommodation; and
  8. English language requirement.

Who Can Switch Into Spouse Visa Under 5 Years Route?

A person who is in the UK with leave to remain which was originally granted for period of more than six months and who is married to:

  • a British Citizen, or
  • a person with ILR, or
  • a person with refugee status, or
  • as a person with humanitarian protection

can apply to switch into spouse visa from inside the UK as long as he meets all the relevant requirements of the Immigration Rules. An application for switching into spouse visa from inside the UK is submitted to the Home Office by completing application form FLR (M).

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

  • Switching from Skilled Worker visa (formerly known as Tier 2 General visa) to spouse visa
  • Switching from ICT visa (formerly known as Tier 2 ICT visa) to spouse visa
  • Switching from Student visa (formerly known as Tier 4 General student visa) to spouse visa
  • Switching from T5 temporary worker visa (formerly known as Tier 5 visa) to spouse visa
  • Switching from 10 years partner route to 5 years partner route

Switching From Spouse Visa 10 Years Route To Spouse Visa 5 Years Route

If you are currently in the UK under spouse visas 10 years route, you can apply for switching into spouse visa 5 years route at any time during the validity of your leave and do not have to wait until closer to the expiry of your leave. It is in your interest to switch from 10 years route to 5 years route sooner rather than later because your time for ILR under 5 years route will only start from the time you are granted leave to remain under the 5 years route. You cannot combine your time under 10 years route with 5 years route for the purposes of applying for ILR under 5 years route and your time will start from scratch once you have been granted leave to remain under the 5 years route.

What Is Financial Requirement For Switching Into Spouse Visa?

Meeting the financial requirement is one of the key requirements for switching into spouse visa under 5 years route from inside the UK.

Calculating The Financial Requirement

The applicant must provide evidence that the UK sponsor’s gross annual income is at least equivalent to the income as given in the table below:

Applicant Income Required
Applicant applying with no children £18,600 gross per annum
Applicant applying with 1 non-settled / non-British child £22,400 gross per annum
Applicant applying with 2 non-settled / non-British children £24,800 gross per annum
Applicant applying with 3 non-settled / non-British children £27,200 gross per annum
Applicant applying with 4 non-settled / non-British children £29,600 gross per annum
Applicant applying with 5 non-settled / non-British children £32,00 gross per annum

The higher financial requirement for applicants applying with child(ren) will apply until the applicant qualifies for settlement, even if the child turns 18 before then. However, the 18+ year old’s income and savings will be permitted to count towards the financial requirement.

When Does Financial Requirement Does Not Apply To A Child?

The financial requirement does not apply to a child who:

  • Is a British Citizen (including an adopted child who acquires British citizenship);
  • Is settled in the UK (holds ILR in the UK) or who qualifies for indefinite leave to enter (ILE); or
  • Qualifies under Part 8 or Appendix Armed Forces of the Immigration Rules in a category to which the financial requirement does not apply.

Meeting The Financial Requirement For Switching Into Spouse Visa (5 Years Route)?

According to Appendix FM of the Immigration Rules, the applicant must meet:

  • the level of the financial requirement applicable to their application; and
  • the requirements specified as to:
    (a) the permitted sources of income/savings; and
    (b) the time periods and permitted combinations of sources applicable to each permitted source relied upon; and
    (c) the evidence required for each permitted source relied upon.

Income and cash savings must be in the name of the applicant, their partner or jointly. However, income and cash savings of a dependent child of the applicant can also be included once the child has turned 18 years of age.

All employment or self-employment income must come from working legally. All income and savings must be lawfully derived.

What Are The Various Sources Of Meeting The Financial Requirement?

Where the applicant has to meet the minimum income threshold, the financial requirement can generally be met in the following five ways:

  • Income from salaried or non-salaried employment of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category A or Category B, depending on the employment history.
  • Non-employment income, e.g. income from property rental or dividends from shares. This is referred to as Category C.
  • Cash savings of the applicant’s partner and/or the applicant, above £16,000, held by the partner and/or the applicant for at least 6 months and under their control. This is referred to as Category D.
  • State (UK or foreign), occupational or private pension of the applicant’s partner and/or the applicant. This is referred to as Category E.
  • Income from self-employment, and income as a director or employee of a specified limited company in the UK, of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category F or Category G, depending on which financial year(s) is or are being relied upon.

Evidence Flexibility For Financial Requirement

The evidential flexibility is set out in paragraph D of Appendix FM-SE. Under Appendix FM-SE there is discretion for decision-makers to defer an application pending submission of missing evidence or the correct version of it, within a reasonable deadline set for this. Decision-makers will not have to defer where they do not think that correcting the error or omission will lead to a grant.

Decision-makers are also able to grant an application despite minor evidential problems (but not where specified evidence is missing entirely). There is also discretion for decision-makers where evidence cannot be supplied because it is not issued in a particular country or has been permanently lost. Decision-makers have general discretion to request additional information or evidence before making a decision.

Exemption From Financial Requirement For Switching Into Spouse Visa Under 5 Years Route (Adequate Maintenance)

Where the applicant’s partner is in receipt of any of the following benefits or allowances in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of adequate maintenance rather than meeting an income threshold of £18,600 or above:

  • Carer’s Allowance.
  • Disability Living Allowance.
  • Severe Disablement Allowance.
  • Industrial Injuries Disablement Benefit.
  • Attendance Allowance.
  • Personal Independence Payment (PIP).
  • Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
  • Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.
  • Police Injury Pension.

If the applicant’s partner is in receipt of one of the above benefits or allowances on behalf of their child, the applicant will be able to qualify by meeting the financial requirement through “adequate maintenance”. The evidence required to demonstrate that the applicant’s partner is in receipt of a specified benefit or allowance is specified in Appendix FM-SE.

English Language Requirement For Switching Into Spouse Visa

The applicant must provide specified evidence that he/she:

  1. is a national of a majority English speaking country; or
  2. has passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by the Home Office, UKVI; or
  3. has an academic qualification recognised by UK NARIC to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
  4. is exempt from the English language requirement because at the date of application:
    • the applicant is aged 65 or over;
    • the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
    • there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK.

Re-Applying For Switching Into Spouse Visa After The Refusal

If your application for switching into spouse visa has been refused by the Home Office, UKVI and you believe that the decision to refuse your application is valid and lawful and therefore cannot be challenged successfully by way of appeal, you have the option to re-apply for switching into spouse visa. We can provide the required legal help and assistance with re-applying for switching into spouse visa through our Super Priority Service.

How Can We Help With Your Application For Switching Into Spouse Visa?

Our expert team of immigration solicitors specialise in UK spouse visa applications. If instructed to represent you regarding your application for switching into spouse visa under 5 years route, we will carry out all the work on your application until a decision is made by the Home Office UKVI on your application. The immigration casework to be carried out by our expert team of immigration solicitors will include the following:

  • Assessing your eligibility for switching into spouse visa under 5 years route by considering all your personal circumstances;
  • Advising you on the weaknesses and strengths of your application;
  • Advising you on the relevant documents to be submitted in support of your application;
  • Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI immigration Rules;
  • Completing and submitting the online application form FLR(M) to apply for switching into spouse visa by gathering all the relevant information from you and your spouse;
  • Helping you with paying the spouse visa application fee and the Immigration Health Surcharge (IHS) for the application;
  • Booking your appointment with the application centre for verification of documents and enrolment of biometrics;
  • Where necessary, preparing detailed witness statement of the applicant and/or the sponsor explaining the background of their relationship and other relevant factors pertaining to the application;
  • Preparing a detailed cover letter to introduce and support your application;
  • Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics;
  • Liaising with the Home Office UKVI for a timely decision on your spouse visa application.

Our Fixed Fees For Switching Into Spouse Visa (5 Years Route)

Our fixed fees for switching into spouse visa (5 years route) from inside the UK are as given in the fee table below:

Our Service Our Fixed Fees Range
Full service for switching into spouse visa (5 years route) from inside the UK to cover all the work until decision by the Home Office, UKVI From £1,200 + VAT To £2,500 + VAT

The agreed fixed fee will depend on the complexity of the application for switching into spouse visa and the volume of casework involved in the application. In addition to our fixed fee for switching into spouse visa from inside the UK, the applicant also has to pay the Home office UKVI fees for the application.

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