If you are currently on the 10-year route to settlement, did you know that it is possible to switch to the shorter five-year route to settlement?
The 10-year route to settlement refers to a person being granted leave to remain (permission to stay in the UK) for a period of 2.5 years and then needing to submit subsequent applications to extend their leave to remain until they have accrued a period of 10 years’ leave to remain. At this point, they can then submit an application for indefinite leave to remain if the eligibility requirements for indefinite leave to remain are satisfied.
In switching to the five-year route to settlement, you could potentially save yourself the cost of further Home Office application fees to extend your leave to remain as well as saving yourself additional Immigration Health Surcharge fees. This is particularly important given the steep rise in the Immigration Health Surcharge, in addition to the Home Office application fees being subject to regular increases.
This article focuses on switching to the five-year route as a partner, however, you may also be able to switch to the five-year route as a parent which we will cover in a further article.
Keep in mind:
Before going through the requirements of the five-year route as a partner, it is important to note that any time spent on the 10-year route to settlement will not be counted as part of the five-year route and so you will start the five-year period from the first grant of leave under the five-year route. You will therefore need to complete the full five years on the five-year route to settlement to be eligible for indefinite leave to remain. Given this, it may not be in your best interests to submit an application to switch if you have less than five years (or two extension applications to make) before being eligible for indefinite leave to remain.
What are the requirements for this route?
If you currently hold leave to remain under the 10-year route to settlement and are still looking to switch to the five-year route to settlement based on being a partner to avoid the hassle of further extension applications, Home Office fees and Immigration Health Surcharge fees, then the requirements you must satisfy are as follows:
- Your partner: You must be in a genuine and subsisting relationship with your partner who must either be a British citizen, a person who is present and settled in the UK, in the UK with protection status, an EU citizen with pre-settled status, a person with limited leave as a business person under Appendix ECAA or a person with permission as a stateless person.
- Your immigration status: You must satisfy the immigration status requirements. Asyou hold leave to remain under the 10-year route to settlement at the point of wanting to switch to the five year route, you should satisfy the immigration status requirements.
- Financial requirements: You must also satisfy the financial requirements. As you hold leave to remain under the 10-year route, you now have the right to work and may satisfy the financial requirements depending on your income. At present, you will need to evidence that you have a gross annual income of £18,600 or savings of £62,500. However, please note that the financial requirements are due to change for this route on 11 April 2024. Our article gives further information regarding these changes.
- Accommodation: You must also evidence that you have adequate accommodation without using public funds for you and your family and that the accommodation is not overcrowded.
- English language: You must also satisfy the English language requirement, either through being a national of a majority English speaking country, passing an English language test at level A1 from a test centre approved by the Home Office, having an academic qualification from the UK at degree level (or higher) or having an academic qualification taught or researched in English from overseas which is considered to be of at least the same standard as a degree in the UK (you will need to provide a certificate to confirm that the overseas qualification has been recognized as being at least the same standard as a degree in the UK).
Here at Seraphus, we have assisted and prepared countless applications from those seeking to avoid continuous Home Office applications, expensive Home Office fees and paying the Immigration Health Surcharge for applications they may not need to make.
Interested in learning more about switching to the five-year route?
If you have been granted leave to remain under the 10-year route and are curious regarding whether you may be eligible to switch to the five -year route, we are here to offer legal assistance to guide you through the eligibility requirements. If you would like legal assistance, or have any other questions, please do book a consultation here.
