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.
The 5-year and 10-year routes refer to the number of years an overseas national must have been in the UK before they can apply for ILR. These rulings relate to a person who is the spouse/partner or parent of a British citizen or person with settled status.
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The 5 year and 10 year Route Explained
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 living in the UK.
The 5-year and 10-year routes 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 five-year ILR route and 10-year ILR route relate to the introduction of “Appendix FM”, which came into force in 2012. These rules apply for Indefinite Leave to Remain based on being the spouse/partner or parent of a British citizen/person with settled status.
In this guide, we explain the difference between these two different routes towards Indefinite Leave to Remain and your options, such as the partner route.
What is the 5-year Route?
The 5 year route to settlement UK 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 spouse visa UK, 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.
Allow our team of legal experts to help you. Understanding the differences can be complicated, especially if your situation is unique.
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Can You Switch From The 10 Year Route UK to 5 Year Route?
As a holder of a spouse visa, you have the option to transition from the 10-year route to the 5-year route for Indefinite Leave to Remain (ILR).
However, doing so might reset your accumulated residency time in the UK. This is because only the time you’ve spent in compliance with the rules will count towards the 5-year settlement requirement.
For instance, if you’ve resided in the UK for five years on a spouse visa but failed to meet financial criteria during that period, switching to the 5-year route will necessitate another five-year stay to qualify for ILR.
In some scenarios, continuing with the 10-year route may be more advantageous, particularly if you have less than five years left and can count time spent under different types of visas, like tourist or student visas.
Contact our team of lawyers today so they can help you with anything you may need by calling: 0121 667 6530 or emailing us.
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.
The 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 £2,885. 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.
The Application Process
You’re required to submit your application online, and you can do so no earlier than 28 days prior to the conclusion of your 10-year eligibility window.
Ensure you have all the documents needed to support your application before submitting it. After submitting your online application, scheduling and attending a session at a designated visa processing centre is mandatory.
You must submit biometric data at this appointment, specifically your photograph and fingerprints.
The costs of the application involve a fee of £2885, in addition to a biometric data fee.
- After your biometrics are captured, you may receive a request for additional documentation or clarification on the information you’ve provided. It’s crucial to respond promptly to avoid delays.
- The reviewing process could take several weeks or months, depending on various factors, such as the volume of applications being processed and the complexity of your case. You may be able to track the status online.
- Upon successful approval, you’ll receive a notice of the decision, and your residence permit will be issued. Make sure to read any instructions carefully about the next steps to take.
Does Indefinite Leave To Remain Expire?
UK immigration guidelines indicate that Indefinite Leave to Remain (ILR) may lapse if the holder departs from the UK, Ireland, or any of the Crown Dependencies, such as the Isle of Man, Guernsey, and Jersey, for an uninterrupted period exceeding two years. In such cases, the individual may lose their ‘settled’ status in the UK.
The two-year expiration rule holds irrespective of any expiration dates listed on your ILR documents like the Biometric Residence Permit (BRP) or passport vignette.
Your status will be considered as having automatically expired after this two-year absence. Temporarily coming back to the UK will reset this two-year timeframe; however, sporadic short visits might trigger questions from border officials since ILR is tied to long-term residency in the country.
Exceptions to this expiration rule are limited and include the following situations:
- You’re a dependent of someone serving in the Armed Forces and have been living abroad with them.
- You’re a dependent of a UK citizen or someone with settled status who works permanently in specific governmental departments like the Foreign and Commonwealth Office, and you’ve been residing overseas with them.
- You’re a citizen of a Commonwealth nation as defined under section 1(5) of the Immigration Act of 1971.
- Your return to the UK is under conditions that don’t necessitate formal entry clearance.
If your ILR lapses due to the two-year rule, you’ll need to secure entry clearance as a returning resident to reside in the UK again.
For individuals holding EU-settled status, the expiration rule applies after a five-year absence from the UK.
How Birmingham Immigration Lawyers Can Help
Whether you are looking to apply for ILR through the 5-year route or the 10-year route, Birmingham Immigration Lawyers are here for you.
It is particularly important for those 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 application process.
Our experienced team will assess your eligibility for ILR, whether you apply via the 5-year or 10-year route.
If you are happy to proceed, your lawyer will provide invaluable guidance on the information and documents you must include in your application and will help you source them, too. We will ensure all documentation and information adhere to all necessary Home Office administrative standards.
We will submit your application along with a recommendation letter highlighting your case’s merits. We will liaise with the Home Office throughout the processing stage and will keep you updated on the progress of your application.
To learn more about how we can help you apply for ILR and secure your settled status in the UK, please call us now on 0121 667 6530.
As Indefinite Leave to Remain does not expire, there are now requirements to renew your status once it has been granted by the Home Office. Therefore, there are no renewal costs subjected to a person who has been given Indefinite Leave to Remain in the United Kingdom. ILR fees are paid at the point of application.
Indefinite Leave to Remain, sometimes also called ‘settlement’, is the right to remain in the United Kingdom on an indefinite basis. A person with Indefinite Leave to Remain can live, work and study in the United Kingdom for an unlimited amount of time, whilst being completely free of any immigration control. In addition, ILR holders can apply for public funding and means-tested benefits and access a state pension.
Indefinite Leave to Remain is the ideal path to applying for British citizenship or naturalization, but in order to do so, an applicant must have lived in the UK for at least 12 months continuously before an application can be submitted to the Home Office for consideration.
Whether a person is granted Leave to Remain or Leave to Enter depends on the person’s location at the time of applying to the Home Office. Leave to Remain is granted to a person who is already present within the United Kingdom, whilst Leave to Enter is what is granted to those who are outside of the UK at the time.
Despite the differing names, both forms of settlement carry the same permissions and rights in the UK, such as working, studying, living, and accessing public funds and means-tested benefits should one need to.
It is important to remember that your location will determine what you need to apply for if you feel that you are eligible for settlement in the United Kingdom- if you are Outside the UK apply for Indefinite Leave to Enter and if you are Inside the UK, apply for Indefinite Leave to Remain.
The main difference between Indefinite Leave to Remain and Leave to Remain refers to the time constraints given on the length of time a person can remain living in the United Kingdom.
Leave to Remain offers individuals the opportunity to live in the UK, however, this may only be for a limited period, for example, three years. In addition, Leave to Remain holders are only permitted to partake in the activities specified on their specific visa and may not access public funding or means-tested benefits. Nor can they access a pension.
Indefinite Leave to Remain allows an individual who has been granted to settle in the United Kingdom for an indefinite time period. Somebody who has Indefinite Leave to Remain status is considered to be completely free of any immigration control and can move freely within the UK, provided that they adhere to the requirements of ILR set out by the Home Office
Both a Permanent Residence card and Indefinite Leave to Remain to allow a person to settle in the UK on a permanent basis, however, the key difference is the nationality of an individual at the time you are applying. In other words, the country you are native to will determine if you are eligible for Permanent Residence or Indefinite Leave to Remain.
Permanent Residence is available to be granted to EU, EEA and Swiss nationals who wish to enter the United Kingdom to live. Before free movement ceased in the UK, individuals were not required to apply for a card to prove they had permanent residence in the UK, however, this is now necessary. EU, EEA and Swiss nationals are eligible to apply for the EU settlement scheme provided that they meet the eligibility criteria.
Indefinite Leave to Remain status is given to non-EEA nationals who intend to settle in the UK free of immigration control. This will allow a person to remain in the United Kingdom with no time restriction.
There are multiple differences between Settlement and Indefinite Leave to Remain. The main key difference is that settled status is only open to EU, EEA and Swiss nationals, whereas ILR is for non-EEA nationals to request residence in the United Kingdom.
A further difference is that settled status allows an individual to be absent from the UK for up to 5 years, with the time limit being considerably lower for those with Indefinite Leave to Remain status. Applications for settlement are also free of charge and do not incur any application fees at all.
Furthermore, the application process for settlement is incredibly efficient and simple and does not require any lengthy preparation of documentation and testing like Indefinite Leave to Remain.
A spouse must hold a spouse visa for at least 5 years consecutively before they can apply for Indefinite Leave to Remain in the UK. An ILR Spouse Visa can be made once the residence requirement has been satisfied- the application can be made up to 28 days before the qualifying 60 month period is due to end. The application must be submitted before the original visa is due to expire or the Spouse visa holder could be at risk of being deported from the United Kingdom- this will be seen as a visa breach and will disqualify a person from applying for another visa or Indefinite Leave to Remain.
