ARE YOUR ‘IMMIGRATION DUCKS’ IN A ROW TO APPLY FOR INDEFINITE LEAVE TO REMAIN IN THE UK?

So, Tom, a South African national, is married to Sue who is a British citizen. They have no children and are both working and living in the UK. Tom wants to know if he is eligible for settlement (indefinite leave to remain) in the UK.
First, Tom will need to check if his current UK visa is based on being Sue’s partner (“partner” includes being a husband/wife, or civil partner, or in a relationship that’s like a marriage or civil partnership).
Tom must also prove that he and Sue have been living together since his last visa renewal and that he intends to continue this relationship after he applies.
Most commonly, persons like Tom must have been living in the UK for 5 years.
Note: In some instances, a 2-year or 10-year route may apply.
(Tip: See Home Office letter when ‘leave to remain’ was last approved).
Tom’s age falls between 18 and 64 years and he must therefore also show that he has passed the Life in the UK test and that he meets the English language requirements.
Tom’s application can be refused if for example, he has a criminal record in the UK or another country or provided false or incomplete information to the Home Office or broken UK immigration law.
Proof of finances:
Assuming Tom is on the 5-year route, he and Sue is likely to need to prove that he, or she, or they jointly, have at least £18,600 a year available to them (noting that they have no children). If they had a child, the amount would have been £22,400 a year and with more children £2,400 a year for each additional child they have.
As on the date of writing, the Home Office will charge Tom £2,389 for his application and an extra £800 if Tom wants to make use of the super priority service.

Daniel Dippenaar – Barrister Immigration Consultant 12 April 2019