What is the Difference Between the 5 year and 10 year Route?
Indefinite Leave to Remain is a form of settled status in the UK which can be applied for after you have spent a certain period of time living in the UK.
The 5-year and 10-year route refer to the number of years an overseas national must have been in the UK before they can apply for ILR.
The rules of the 5 year and 10 year route relate to the introduction of “Appendix FM”, which came into force back in 2012. These rules are all around applying for Indefinite Leave to Remain on the basis of being the spouse/partner or parent of a British citizen/person with settled status.
In this blog post, we explain the difference between these two different routes towards Indefinite Leave to Remain.
What is the 5-year Route?
The 5-year route is for a migrant who is applying as a spouse/partner or as the parent of a British citizen or person with settled status. It is for those who can meet all the requirements for the application, which is known as “within the rules”.
The main 5 year route is the typical one for Indefinite Leave to Remain. It applies to the following people:
- Those who initially entered the UK as a fiancé or proposed civil partner, and subsequently entered into a marriage or civil partnership with that same partner, and will continue to live with that partner in the UK
- Those who initially entered the UK under a Spouse Visa
- Those who are currently in the UK under a different immigration visa/category which is valid for more than 6 months, and have since married/entered into a civil partnership with their partner or have been living with their partner continuously for at least two years either in the UK or abroad
What is the 10-year Route?
The 10-year route, by contrast, refers to applications made under the FLR (FP) category as a Spouse/Partner or Parent of a British citizen/person with settled status, asking for them to be considered under the Exception paragraph (EX.1).
The difference with these applications is that the fact that they are discretionary, as those applying through this route are not able to meet the full requirements for Indefinite Leave to Remain.
An individual might be eligible through this route if they are living in the UK under a short-term visa, such as the Standard Visitor Visa. Someone might also be eligible if they have been living in the UK under an expired visa.
What are the Requirements for Indefinite Leave to Remain?
Those who wish to apply for Indefinite Leave to Remain must meet certain conditions. If someone wants to apply for Indefinite Leave to Remain through the five-year route, they must meet all of these conditions.
These requirements for ILR are as follows:
- Must have lived in the UK under a valid visa/immigration permission for five years
- Must not have spent more than 180 days outside the UK in a 12-month period
- Must be able to demonstrate that English language ability is to at least the level of B1 as set by the Common European Framework of Reference for Languages (unless exempt)
- Must achieve a pass in the Life in the UK test. This is a test based on the history, traditions and culture of the United Kingdom
- Must not have broken any laws or immigration conditions whilst in the UK
What are the Required Documents?
To prove your eligibility for ILR, you must provide certain information and documents. This is a crucial part of the application process. Failure to provide adequate information could result in your application being rejected.
Some of the information which you may need to provide includes:
- Your passport/other valid travel document, including any passports which have expired since you have been in the UK
- Documents demonstrating your level of English such as a pass certificate
- Your pass in the Life in the UK test certificate
- Documents and information which detail any time you have spent outside of the UK during your UK residency
- An immigration history
- A police registration certificate if you were required to register with police when you arrived in the UK
The fee for Indefinite Leave to Remain is currently £2,389. Any dependents included in an ILR application will also need to pay the full fee.
You can expect to receive a decision within six months of your application date.
How Birmingham Immigration Lawyers Can Help
Whether you are looking to apply for ILR through the 5-year route or 10-year route, Birmingham Immigration Lawyers is here for you.
It is particularly important for those who are looking to apply via the 10-year route to seek advice from an experienced immigration law firm, as these applications are particularly complex from a legal point of view.
We can help you to apply for settled status in the UK with Indefinite Leave to Reman with our specialist ILR application package. With this service, one of our experienced immigration lawyers will work with you through the entire application process.
Firstly, they will assess your eligibility for ILR, whether you are applying via the 5-year or 10-year route.
If you are happy to proceed, your lawyer will then provide invaluable guidance on the information and documents which you will need to include in your application and will help you to source them too. We will ensure all documentation and information adheres to all necessary Home Office administrative standards too.
We will submit your application along with a letter of recommendation, highlighting the merits of your case. We will liaise with the Home Office throughout the processing stage and will keep you updated on your application’s progress.
To find out more about how we can help you to apply for ILR and secure your settled status in the UK, please call us now on 0121 667 6530.