The 10 Year Route – Spouse Visa
If you are married to a British Citizen or settled person and you do not meet all the requirements under the 5 Year Route – Spouse Visa you can apply under the 10-year route spouse visa (only from inside the UK). Applications through this route are mainly made by those who do not have the financial requirement, immigration status or English language level to succeed under the 5 Year Route.
If you choose to apply for the 10-year route – spouse visa you will have to meet the requirement of EX1 of Appendix FM under the Immigration Rules. This requirement can be met by showing that:
- You as the applicant are in a genuine and subsisting relationship with a partner who is in the UK and is a British citizen, settled here or here with refugee leave and there are insurmountable obstacles to family life with that partner continuing outside the UK.
- Or if there is a child involved, who is under the age of 18, and was either born in this country or has lived here for a continuous period of at least 7 years, and it is unreasonable to expect the child to leave the UK with his/her parent(s) and go to live abroad.
How should you make your application?
Generally, you or your spouse when outside the UK should make the application from their place of residence, i.e the country they reside in, however you can also make an application from within the UK.
The application, how long does the process take
It takes 15 – 20 working days to prepare an application, but this can be done sooner depending on your case. You can expect a decision in 3 – 8 weeks.
How long will an applicant be granted to stay in the UK under the five-year or 10-year routes?
If you are successful in your application for the 10-year route – spouse visa you will be given a period of 30 months leave to remain and will have to reapply every 30 months until 10 years is reached. You can also switch form this particular route to the 5-year route to make your time to qualify for ILR shorter if you manage to meet the eligibility requirements later on. For more information on how to proceed with this please fill out the form below.
What happens if your application is refused?
If the correct guidelines are followed an application is unlikely to be refused. However, if there is a refusal of your application you can appeal against the Home Office decision through a First Tier Tribunal appeal process and our team of immigration solicitors London will be more than happy and ready to help you through your appeal process.
Ask our team of Top Immigration Lawyers
For more information about applying to the 10-year spouse visa route or to find out more about your specific case and whether you are eligible, feel free to give us a call during working hours from Monday to Friday on +44 (0) 207 269 9590 or fill out the form below and we will reply to you in 24 hours (on working days).