ILR As A Same Sex Partner (5 Years Route)
You may submit an application for Indefinite Leave to Remain (ILR) as a same-sex partner under the 5-year route up to 28 days before completing the required 5 years on your same-sex partner visa. This application must be completed online using the SET (M) form and will be reviewed by the Home Office UKVI based on the guidelines in Appendix FM of the Immigration Rules. For faster results, you can opt for the Super Priority Service to receive a decision on your ILR application within 24 hours.
Free Immigration Consultation for ILR as a Same-Sex Partner (5-Year Route)
Aden & Co Solicitors offers expert legal advice for those applying for ILR as a same-sex partner under the 5-year route. Our team of experienced family visa solicitors provides complimentary one-time immigration advice online. You can submit your queries for free guidance, or schedule an in-depth consultation with one of our solicitors to receive tailored advice on your ILR application as a same-sex partner.
Expert Solicitors for ILR as a Same-Sex Partner (5-Year Route)
Aden & Co Solicitors offers specialist legal guidance and representation for individuals applying for Indefinite Leave to Remain (ILR) as a same-sex partner through the 5-year route. Our highly skilled family visa solicitors provide tailored immigration services on a fixed-fee basis, ensuring your ILR application is accurately prepared and submitted. We utilize the Home Office UKVI’s Super Priority Service, allowing for a decision within 24 hours.
Aden & Co Solicitors is renowned for delivering top-tier UK immigration services. Our fully qualified and experienced immigration lawyers have earned a stellar reputation, as evidenced by a 99% client satisfaction rate and 5-star Google Reviews.
What Are the Costs for ILR as a Same-Sex Partner?
If you’re applying for Indefinite Leave to Remain (ILR) as a same-sex partner, the costs involved are as follows:
Fixed Fees for Your ILR Application with Aden & Co Solicitors Our professional fees for handling your ILR application range from £1,000 + VAT to £1,500 + VAT, depending on the complexity of your case. This fixed fee includes comprehensive support, from initial document guidance to final submission, ensuring that every aspect of your application is handled thoroughly.
What Our Fixed Fee Covers:
- Advice on necessary documents and application requirements
- Detailed document review and preparation
- Completion and submission of the online ILR application
- Appointment booking for biometric enrolment
- A tailored cover letter to strengthen your application
- Uploading and organizing supporting documents for review
- Follow-up with the UKVI until a decision is reached on your application
Our fees reflect the complexity and time required for your specific case. An initial payment of half the fee will be required when we begin working on your case, with the remainder due upon the final preparation and submission of your ILR application.
Looking for a More Affordable Option? If the full-service fee is beyond your budget, you can opt for our one-time immigration advice and consultation service at a fixed rate of £100 (including VAT), or choose our document-checking service at a fixed rate of £300 (including VAT). These services offer tailored guidance for specific aspects of your application.
UKVI Fees for Your ILR Application
In addition to the fixed fees charged by Aden & Co Solicitors for assisting with your Indefinite Leave to Remain (ILR) application, you must also cover the mandatory UKVI fees imposed by the Home Office. The current fee for an ILR application stands at £2,885.
For applicants seeking expedited processing, there is an option to pay an additional £1,000 for the Super Priority Service, which guarantees a decision within 24 hours.
Super Priority Service for ILR as a Same-Sex Partner (5-Year Route)
As an established family visa specialist, Aden & Co Solicitors is fully registered with the Home Office, UK Visas & Immigration (UKVI), and UKVCAS Sopra Steria to offer the Super Priority Service for ILR applications under the same-sex partner (5-year route). By utilizing this service, a decision on your ILR same-sex partner visa can be delivered within 24 hours, eliminating the typical months-long waiting period.
Our team of experienced solicitors will expertly prepare and submit your application for the Super Priority Service, ensuring a swift and efficient process, so you don’t face unnecessary delays in receiving your ILR decision.
One-Off Super Priority Service Submission
At Aden & Co Solicitors, our fast-track immigration team offers a one-off submission service for ILR applications using the Super Priority Service. This ensures that you receive a decision on your ILR application within 24 hours. Our commitment is backed by a Conditional Fee Agreement (CFA): if we fail to submit your application within 48 hours of receiving payment, we will issue a full refund, with no deductions.
Once your ILR application is successfully submitted within the 48-hour timeframe, a fixed fee of £250 + VAT (£300 inclusive of VAT) will be charged as per the CFA. Rest assured that our service guarantees transparency and efficiency every step of the way.
How to Apply for Indefinite Leave to Remain (ILR) as a Same-Sex Partner under the 5-Year Route
If you are seeking to apply for ILR as a same-sex partner via the 5-year route, follow these essential steps:
- Complete the Online Application (SET M): Access and fill out the SET (M) form available on the UKVI website.
- Submit the Application: Finalize and submit your ILR application online, ensuring you have paid the required Home Office fees.
- Book Biometrics Appointment: Create an account on the UKVCAS portal to schedule your biometrics appointment.
- Upload Supporting Documents: Upload all relevant documentation prior to your biometrics appointment date.
- Attend Biometrics Appointment: On the day of your appointment, bring your Biometric Residence Permit (BRP), passport, and biometrics appointment letter.
- Wait for a Decision: After submission, processing can take 3-6 months for standard applications or within 24 hours for Super Priority Service.
ILR Eligibility Requirements as a Same-Sex Partner (5-Year Route)
To qualify for ILR as a same-sex partner under the 5-year route, you must meet the following conditions:
Valid Application: Submit a valid ILR application in line with the requirements of Appendix FM of the Immigration Rules.
5-Year Residency Requirement: You can apply 28 days before completing five years on your same-sex partner visa. Ensure you’ve completed at least 4 years, 11 months, and 2 days when submitting your ILR application.
Current Immigration Status: You must hold a valid same-sex partner visa and apply for ILR before your visa expires.
Relationship Requirement: Your partner must be a British Citizen, ILR holder, EU national with pre-settled status, or possess refugee/humanitarian protection. Proof of a genuine, subsisting relationship must accompany your application.
Suitability Requirement: Meet all suitability criteria outlined in Appendix FM of the Immigration Rules.
Financial Requirement: Demonstrate financial stability through income from employment, savings, or rental income.
Accommodation Requirement: Provide evidence of adequate accommodation without public funds, suitable for your family and any additional household members.
English Language Requirement: Meet the English proficiency at CEFR level B1 as per UK Immigration Rules.
Life in the UK Test: Pass the mandatory Life in the UK Test to meet the requirement.
Transitional Financial Requirement for ILR as a Same-Sex Partner (5-Year Route)
The Home Office UKVI has implemented transitional financial requirements for applicants who initially applied as a fiancé(e), proposed civil partner, or partner before 11 April 2024. These individuals were granted permission under the five-year route to settlement following their initial application. In accordance with paragraph E-LTRP.3.5 of Appendix FM of the Immigration Rules, those who currently hold permission as a partner, fiancé(e), or proposed civil partner under the five-year settlement route must meet the transitional financial requirement. This requires a gross annual income of £18,600 for those whose applications for entry clearance or permission to stay were successful before 11 April 2024. Additionally, under the revised rules, if the financial requirement surpasses £29,000 due to the number of children in the family, the applicant only needs to demonstrate evidence of a gross annual income of £29,000.
To meet UK immigration financial requirements, applicants must demonstrate that their UK sponsor’s gross annual income is sufficient based on the number of dependents. Aden & Co Solicitors can provide expert guidance on ensuring compliance with these requirements. The income thresholds are outlined below:
| Applicant Category | Minimum Gross Annual Income Required |
|
Applicant with no dependent children |
£18,600 |
|
Applicant with 1 non-settled/non-British child |
£22,400 |
|
Applicant with 2 non-settled/non-British children |
£24,800 |
|
Applicant with 3 non-settled/non-British children |
£27,200 |
|
Applicant with 4 or more non-settled/non-British children |
£29,000 |
How to Meet Financial Requirements for Visa Applications: A Comprehensive Guide
When applying for a visa, meeting the financial requirement is essential. In most cases, applicants must meet the minimum income threshold, which can be fulfilled through five main categories:
- Income from Employment (Category A/B): This includes income from salaried or non-salaried employment of the partner (or the applicant, if they are legally permitted to work in the UK). The employment history determines whether it falls under Category A or B.
- Non-Employment Income (Category C): Income from property rentals, dividends from shares, or other non-salaried sources. These sources can help meet the financial requirements if adequately documented.
- Cash Savings (Category D): Savings held by the applicant and/or their partner, above £16,000, for at least six months can be used to meet the financial threshold. The funds must be under their control.
- Pension Income (Category E): Pension income from state, occupational, or private sources (UK or foreign) can be used to fulfill the financial requirement.
- Self-Employment and Business Income (Category F/G): Income from self-employment or earnings as a director or employee of a limited company in the UK is eligible. Depending on the financial year(s) considered, this will fall under Category F or G.
Exemptions from Financial Requirements
In certain cases, applicants may be exempt from meeting the income threshold of £18,600. If the applicant’s partner receives any of the following UK benefits, they can instead qualify by proving “adequate maintenance”:
- Carer’s Allowance
- Disability Living Allowance
- Severe Disablement Allowance
- Industrial Injuries Disablement Benefit
- Attendance Allowance
- Personal Independence Payment (PIP)
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
- Constant Attendance Allowance, Mobility Supplement, or War Disablement Pension under the War Pensions Scheme
- Police Injury Pension
Additionally, if these benefits are received on behalf of a child, the applicant can still qualify by showing proof of “adequate maintenance.” The required evidence is outlined in Appendix FM-SE.
Understanding the Adequate Maintenance Calculation Formula
To ascertain compliance with the adequate maintenance requirement for Indefinite Leave to Remain (ILR) as a same-sex partner under the five-year route, the Home Office UKVI employs a specific calculation:
Formula: A – B ≥ C
(Where A minus B must be greater than or equal to C)
Definitions:
- A represents your net income, calculated after deducting income tax and National Insurance contributions.
- B encompasses your housing expenses, which include rent and council tax.
- C denotes the amount of Income Support that an equivalent British family of the same size would be eligible to receive.
Do Applicants Need to Fulfill the Life in the UK Test and English Language Requirements?
All applicants must satisfy the Life in the UK test and English language requirements, with the exception of those over 65 years of age or those exempt due to health-related issues.
To fulfill the English language requirement, applicants must present validated evidence demonstrating one of the following:
- They are citizens of a majority English-speaking nation.
- They have successfully completed an English language assessment in speaking and listening, achieving a minimum score of B1 on the Common European Framework of Reference for Languages (CEFR), conducted by an approved provider recognized by the Home Office UKVI.
- They possess an academic qualification, assessed by UK Ecctis, equivalent to a Bachelor’s, Master’s, or PhD degree in the UK, with the instruction delivered in English.
- They qualify for an exemption based on one of the following circumstances at the time of application:
-
- The applicant is aged 65 or older.
- The applicant has a physical or mental disability that hinders compliance with the requirement.
- Exceptional circumstances exist that prevent the applicant from fulfilling the requirements before entering the UK.
Reapplying for Indefinite Leave to Remain (ILR) as a Same-Sex Partner Following a Refusal
If your application for Indefinite Leave to Remain (ILR) as a same-sex partner under the five-year route has been denied by UKVI, and you feel that contesting this refusal may not yield a favorable outcome, you still have the option to reapply. To ensure your fresh ILR application is successful, it must comply with the stipulations outlined in paragraph 39E of the Immigration Rules. Furthermore, it is advisable to submit your new application through the Super Priority Service, which expedites the decision process, allowing you to receive a determination within 24 hours.
Challenging the Refusal of ILR as a Same-Sex Partner (5-Year Route)
In instances where your ILR application as a same-sex partner has been refused by UKVI and you have been granted the right to appeal, it is imperative to file your appeal with the First Tier Tribunal within 14 days from the date of the refusal notice. You may successfully challenge the refusal by demonstrating that the decision is inconsistent with established immigration rules or infringes upon your rights to private and family life as protected under Article 8 of the European Convention on Human Rights (ECHR). An Immigration Judge at the First Tier Tribunal will review and decide on your appeal. Our experienced team at Aden & Co Solicitors is equipped to offer expert legal representation, guiding you through the appeal process to contest the refusal effectively.
Eligibility for Naturalisation as a Same-Sex Partner of a British Citizen
As a same-sex partner of a British citizen, you are eligible to apply for naturalisation as a British citizen 12 months following the grant of Indefinite Leave to Remain (ILR), provided you have maintained lawful residence in the UK for a minimum of five years prior to your application. Additionally, you must not have been absent from the UK for more than 90 days in the year leading up to your naturalisation application. Our dedicated team of family visa solicitors at Aden & Co Solicitors is available to provide comprehensive immigration advice and legal assistance throughout your naturalisation process as a same-sex partner of a British citizen post-ILR.
How We Can Assist You
At Aden & Co Solicitors, our dedicated team of immigration experts is here to provide you with comprehensive advice and legal representation regarding your application for Indefinite Leave to Remain (ILR) as a same-sex partner, all on a transparent fixed fee basis. Our fixed fee structure encompasses all the necessary legal work related to your ILR application until the Home Office UKVI reaches a decision. The scope of our services for your ILR application includes the following essential components:
Comprehensive Requirement Consultation
Our immigration solicitors will guide you through the specific requirements that must be fulfilled for a successful ILR application as a same-sex partner. This ensures you understand what is needed from the outset.
Thorough Document Preparation
We will prepare and send you a detailed checklist of all supporting documents required for your ILR application as a same-sex partner, ensuring you are well-equipped to submit a robust case.
Document Assessment
Our expert immigration lawyers will meticulously evaluate your submitted documents to confirm compliance with the Immigration Rules, guaranteeing that your application meets all necessary standards.
Application Form Completion
Our solicitors will accurately complete the appropriate application form for your ILR as a same-sex partner, ensuring all details are correctly filled in to facilitate a smooth process.
Super Priority Service Submission
Whenever feasible, we will expedite your application by submitting it through the Super Priority Service, allowing for a potential decision on your ILR application within 24 hours.
Appointment Booking for Biometrics
Following the submission of your online application, our immigration lawyers will arrange your appointment at the application centre for biometric enrolment, ensuring you are prepared for the next steps.
Detailed Cover Letter Preparation
Our specialist solicitors will craft a comprehensive cover letter supporting your ILR application, articulating how all legal requirements have been fulfilled to facilitate approval.
Document Upload
Prior to your biometrics appointment, our lawyers will upload all relevant supporting documents online, ensuring they are available for review in conjunction with your application.
Ongoing Follow-Up
We will manage all follow-up tasks diligently until a final decision is rendered by the Home Office UKVI on your ILR application as a same-sex partner.
Why Choose Aden & Co Solicitors for ILR as a Same-Sex Partner (5-Year Route)?
Choosing the right legal representation for your ILR application as a same-sex partner in the UK is crucial. Here are compelling reasons to select Aden & Co Solicitors in London for your family visa needs:
Expert Legal Services: Our team at Aden & Co Solicitors offers unparalleled legal services for ILR applications as a same-sex partner. The excellence of our immigration services is evidenced by our impressive 5-star rating on Google, reflecting the satisfaction of 99% of our clients.
Remote Consultation and Support: We understand the importance of convenience, which is why our skilled family visa solicitors provide comprehensive immigration advice and legal support remotely. Leveraging cutting-edge technology, we facilitate your ILR application process without necessitating an office visit. While we warmly welcome clients in person, our remote services save you both time and travel expenses.
Accessible Seven Days a Week: At Aden & Co Solicitors, we are dedicated to assisting you every day of the week. Our commitment to providing reliable immigration advice and legal representation sets us apart.
Qualified Specialists Handling Your Case: All work related to your ILR application as a same-sex partner is conducted by our qualified and experienced family visa solicitors. Our team’s extensive expertise ensures a thorough and proficient approach to your application.
Expedited Visa Services: Our knowledgeable family visa solicitors are adept at efficiently preparing and submitting ILR applications through the fast-track process. By utilizing the Super Priority Visa Service, we strive to secure a swift decision on your application within just 24 hours.
Complimentary Online Immigration Advice: Our team offers a one-time free immigration consultation online. Simply complete our website enquiry form to receive initial guidance on your ILR application.
Transparent Fixed Fees with Payment Plans: We pride ourselves on offering competitive, fixed fees for ILR applications as a same-sex partner. Our flexible payment options allow you to pay in two instalments: half upon the commencement of your application process and the remainder when your application is fully prepared and ready for submission to the Home Office UKVI.
Exploring Our Comprehensive Same-Sex Partner Visa Services
Frequently Asked Questions (FAQs) Regarding ILR for Same-Sex Partners (5-Year Route)
Here are some commonly asked questions about the application process for Indefinite Leave to Remain (ILR) as a same-sex partner under the 5-year route:
What application form is required to apply for ILR as a same-sex partner under the 5-year route?
To apply for ILR as a same-sex partner under the 5-year route, you must complete the SET (M) application form online.
Is it possible to apply for ILR as a same-sex partner after 2.5 years of residency?
No, you must complete the full 5-year residency period in the UK under the 5-year route before applying for ILR as a same-sex partner. Prior to 9 July 2012, it was permissible to apply for ILR after 2 years of residency on a same-sex partner visa. However, changes to the Immigration Rules in 2012 extended the qualifying period to 5 years.
What English language test is necessary for ILR as a same-sex partner under the 5-year route?
Applicants are required to pass the Home Office UKVI-approved English language test, specifically the IELTS Life Skills assessment at level B1 (covering listening and speaking skills) to qualify for ILR as a same-sex partner under the 5-year route.
Are there restrictions on absences from the UK during the qualifying period for ILR as a same-sex partner under the 5-year route?
The UK immigration rules do not stipulate specific restrictions on absences from the UK when applying for ILR under a same-sex partner visa. Nonetheless, since this visa category is intended for settlement, applicants must demonstrate a commitment to residing permanently in the UK with their UK sponsor. Extended absences may cast doubt on the applicant’s intention to settle. Importantly, the rule prohibiting absences exceeding 180 days per year does not apply to this ILR application.
What is the salary threshold for ILR as a same-sex partner under the 5-year route?
For applicants with no dependent children, the immigration rules mandate that the combined gross annual income of the applicant and the sponsor must be at least £18,600.
If I have completed 30 months on a same-sex partner visa under the 10-year route, can I apply for ILR now that I am nearing 30 months under the 5-year route?
Unfortunately, time spent on a same-sex partner visa under the 10-year route cannot be combined with the 5-year route for the purpose of applying for ILR. You must complete a full 5 years of continuous residence in the UK under the same-sex partner visa 5-year route. Therefore, you will need to apply for an additional extension of your same-sex partner visa under this route to fulfill the 5-year requirement before qualifying for ILR.
Can my stepdaughter apply for ILR alongside me if she hasn't completed five years in the UK?
Yes, your stepdaughter is eligible to apply for ILR simultaneously with your application as a same-sex partner. Current immigration laws do not mandate that she must have resided in the UK for five years to qualify for ILR.
2. What are the mandatory grounds for refusal of an ILR application as a same-sex partner (5-year route)?
An application for ILR as a same-sex partner may be rejected on the following suitability grounds:
- The applicant is currently subject to a deportation order.
- The applicant’s presence in the UK is deemed contrary to public interest due to a conviction resulting in a prison sentence of four years or more.
- The applicant has been convicted of an offense resulting in a prison sentence of less than four years but at least 12 months, unless 15 years have elapsed since completing the sentence.
- The applicant has been convicted of an offense with a prison sentence of less than 12 months, unless seven years have passed since the end of the sentence.
- Within the 24 months preceding the application decision, the applicant has been convicted of or admitted to an offense that resulted in a non-custodial sentence or another out-of-court disposal noted on their criminal record.
- The applicant’s presence is contrary to public interest due to serious harm caused by their offending behavior or persistent disregard for the law.
- The applicant’s overall conduct, character, associations, or other reasons render their continued stay in the UK undesirable.
- The applicant has failed, without a valid reason, to comply with requirements to:
- Attend an interview
- Provide requested information
- Supply physical data
- Undergo a medical examination or provide a medical report.
- The Secretary of State has determined that the applicant should be excluded from the Refugee Convention under Article 1F or denied humanitarian protection under paragraph 339D of the Rules, or has previously classified them as a potential threat to UK security.
- The Secretary of State considers that the applicant qualifies for exclusion due to previous convictions classified under Article 33(2) of the Refugee Convention, indicating they pose a danger to the UK community.
What Are the Discretionary Grounds for Refusal of an ILR Application as a Same-Sex Partner (5-Year Route)?
An application for ILR as a same-sex partner may be refused on discretionary suitability grounds if any of the following conditions are met:
- Submission of False Information: The applicant will typically face refusal if false information, representations, or documents have been submitted concerning the application, including any false details provided to procure supporting documentation. Additionally, failure to disclose essential facts related to the application may lead to refusal.
- Lack of Maintenance and Accommodation Undertaking: If a maintenance and accommodation undertaking, as specified under paragraph 35 of the immigration rules, is requested but not supplied, this may also result in refusal.
- Previous Misrepresentation: An applicant may be deemed unsuitable if they have previously made false representations or neglected to disclose critical facts in earlier applications for entry clearance, leave to enter, leave to remain, or variations thereof. This includes previous human rights claims, irrespective of their outcome, especially if these actions were undertaken to secure necessary documents from the Secretary of State or third parties.
- Non-Payment of Litigation Costs: If the applicant has failed to settle litigation costs that have been awarded to the Home Office, this could constitute grounds for refusal.
- Outstanding NHS Charges: The application may be refused if one or more relevant NHS bodies have informed the Secretary of State about the applicant’s failure to pay charges as per NHS regulations for overseas visitors. The cumulative outstanding charges must amount to at least £500.