5 years Spouse to ILR Visa

[Adam20]

Dear members,

I'm interested in understanding the consequences if one fails to apply for Indefinite Leave to Remain (ILR) within the stipulated 5-year qualifying period. Does this automatically result in following the 10-year route, requiring the individual to renew their visa every 2.5 years?

[zimba]

Dear members,

I'm interested in understanding the consequences if one fails to apply for Indefinite Leave to Remain (ILR) within the stipulated 5-year qualifying period. Does this automatically result in following the 10-year route, requiring the individual to renew their visa every 2.5 years?

No. There is no requirement that you must apply for ILR after 5 years. You just have to apply for a new leave before visa expiry to avoid becoming an overstayer. That is all. You may apply for any application at any time, as long as you qualify under the route you are applying. Note that under the family route, the financial requirements under the 5-year route extension and ILR are mostly identical and there are no absence limits. Unless there is an issue with the English language or LIUK or your character, applying for ILR is advised after 5 years under the 5-year route, but an extension under 5-year route is also possible.

However, if you cannot meet the financial requirement for either an extension or ILR under the 5 route, any family route application will lead to an offer of leave under the 10-year route by the UKVI. After paying the IHS, then they will issue you leave under the 10-year route. Nothing is automatic

[Adam20]

I appreciate for the information you provided zimba.I have another question: In the context of the second extension, what are the consequences if either the husband or wife is not currently employed?

Additionally, if the husband's employment is sporadic, and he cannot demonstrate the income threshold set by the home office, what type of visa extension would be applicable in such a scenario?

[CR001]

If you do not meet the financial requirement at the time of extension, your spouse will be put on the 10 year FLR(FP) route.

[Adam20]

If you do not meet the financial requirement at the time of extension, your spouse will be put on the 10 year FLR(FP) route.

Thank you so much CR001, for the valuable insights I am gaining from members such as yourself and others who graciously contribute their time and provide helpful advice in addressing various inquiries.