If you are currently on the 10 year partner route and your circumstances change, it means you are now able to meet the requirements for the 5 year partner route, you can apply to switch to the 5 year route via Form FLR (M ). You can also do this straight away i.e. you do not have to wait until your current visa expires.
When to choose a 5-year route as a partner and when the 10-year route should be considered.
There are two routes to settlement on the basis of family life as a partner viz 5-year route and a 10-year route. The 5-year route as a partner will be appropriate for those who meet all the suitability and eligibility requirements of the Immigration Rules at every stage. The 10-year route as a partner applies in respect of applications for leave to remain as a partner who meets all the suitability requirements, but only certain eligibility requirements.
Which form should I use?
An applicant in the UK may apply for the 5-year partner route on form FLR(M). If they fail to meet certain of the eligibility requirements, their application under the 5-year route will be refused and consideration is given to whether they qualify under the 10-year partner or private life routes. When the applicant knows that they cannot meet certain of the eligibility requirements of the 5-year partner route they can choose to apply directly for the 10-year partner or private life routes using form FLR(FP).
Can I switch anytime from a 10 Year
Partner Route to a 5 Year Partner Route?
A person with leave to remain as a spouse under 10 years route can switch into spouse visa 5 years route at any time during the validity of leave to remain under the spouse visa (10 years route).
What happens if I switch from 10 year to 5 year?
It is important to note however, that if you do switch to the 5 year route from the 10 year route, any time spent on the 10 year route cannot be carried forward/will not count towards your qualifying period for Indefinite Leave to Remain (ILR) on the 5 year route.
What are the requirements for switching from 10 year route to 5 year route?
The only Requirement for switching to a 5 year partner route is meeting the financial Requirement for £18600 and the English Language Test, which is A2 for extension.
Financial requirement explained as below :
Meeting the financial requirement is one of the key requirements for switching into spouse visa under 5 years route from inside the UK.
Applicant applying with no children – £18600 gross per annum
Applicant applying with 1 non-settled– £22,400 gross per annum
Applicant applying with 2 non-settled children – £24,800 gross per annum
Applicant applying with 3 non-settled children – £27,200 gross per annum
Applicant applying with 4 non-settled children – £29,600 gross per annum
Applicant applying with 5 non-settled children -£30,000 gross per annum
When Does Financial Requirement Not Apply To A Child?
The financial requirement does not apply to a child who:
- Is a British Citizen (including an adopted child who acquires British citizenship);
- Is settled in the UK
Why Adam Bernards?
- We understand the importance of making these applications and the impact they have on our clients’ lives. We balance sensitivity with professionalism to ensure that our clients’ meet their goals.
- Our team of best immigration solicitors in Central London and East London have years of experience in navigating the requirements under this route and will ensure that your application is comprehensively covered.
- We have achieved numerous clients settlement over the years as evidenced through our clients testimonies