How You Can Switch to a UK Spouse Visa Under the 5 Year Route
Applicants who are already in the UK are eligible to switch to a UK Spouse Visa under the 5 year route if they are married to a British citizen or a settled person. This route leads to settlement after five years and usually grants an initial period of 30 months (2.5 years) leave to remain, provided all Immigration Rules are met
- Applicants must be lawfully present in the UK and not in breach of immigration conditions
- Switching is not permitted if you are currently in the UK as a visitor
What is the Application Process for Switching to a Spouse Visa?
To switch into a UK Spouse Visa from inside the UK, applicants must complete and submit the FLR (M) application form to the Home Office, along with detailed supporting evidence. The application must demonstrate compliance with all relevant Immigration Rules, including relationship, financial, and suitability requirements.
Our expert solicitors prepare applications on the basis of a genuine and subsisting relationship with a qualifying person, ensuring that every aspect of the case is clearly presented to maximise the chances of success.
Who Can Switch to a UK Spouse Visa from Inside the UK?
- Skilled Worker visa holders may switch to a UK Spouse Visa if they are in a genuine relationship with a British citizen or a settled person.
- Applicants on an ICT visa may be eligible to switch to a spouse visa from within the UK.
- Student visa holders who are married to, or in a qualifying relationship with, a British citizen or settled person may apply to switch to a UK Spouse Visa.
- Those on a Temporary Worker visa can switch to a spouse visa if they meet all eligibility requirements under the Immigration Rules.
- Applicants currently on the 10-year partner route may be able to switch to the 5-year spouse visa route if they now meet the standard Immigration Rules.
Difference Between the 10-Year and 5-Year Settlement Routes
Applicants who are granted permission to remain in the UK on human rights grounds are commonly placed on a 10-year route to settlement by the Home Office rather than the 5-year route. This longer pathway requires multiple extensions before qualifying for Indefinite Leave to Remain.
However, if you are currently on a 10-year route and your circumstances have changed—such as entering into a genuine and subsisting marriage with a British citizen or a settled person—you may be eligible to switch into a UK Spouse Visa under the 5-year route. Any application to move from the 10-year route to the 5-year spouse visa route is assessed strictly in accordance with the Immigration Rules, making careful legal preparation essential.
Switching to a UK Spouse Visa from Within the UK
Applicants who are already in the UK under certain visa categories may be able to switch in-country to a UK Spouse Visa based on their relationship and marriage to a qualifying person. Where all requirements under the Immigration Rules are met, successful applicants are normally granted 30 months (2.5 years) leave to remain under the 5-year route to settlement
- This provides a faster and more direct pathway to Indefinite Leave to Remain compared to longer routes.
Applicants who are unable to meet the requirements of the 5-year spouse visa route may still be considered for switching into a spouse visa under the 10-year route, ensuring their family life in the UK can continue lawfully.
When Should You Get Legal Assistance for a Spouse Visa?
At AXIS Solicitors, we have extensive experience handling all types of UK spouse visa matters, including:
- Spouse visa switching
- Spouse visa extensions
- Spouse visa renewals
- Indefinite Leave to Remain applications
Eligibility Requirements for Switching to a UK Spouse Visa
Meeting the Home Office requirements is essential when switching to a UK Spouse Visa under the 5-year route. Applicants who fail to meet all criteria may instead be placed on a longer settlement pathway.
- The applicant must be lawfully present in the UK and not holding a visitor visa
- The relationship must be genuine and subsisting with a qualifying UK partner
- Applicants must satisfy the financial, English language (where applicable), accommodation, and suitability requirements
The 10 Year Family and Private Life Routes
Applicants who do not meet the full requirements of the 5-year spouse visa route are often granted leave under the 10-year Family or Private Life routes, which involve multiple extensions and a significantly longer journey to settlement.
Home Office Trends and Statistics
Home Office data highlights a consistent increase in grants under these longer routes, with family life applications rising from 2,367 in 2013 to 66,997 in 2019, and private life grants increasing from 17,973 in 2013 to 51,347 in 2018.
Choosing the Right Route with Legal Advice
Where eligibility allows, switching to the 5 year spouse visa route offers a faster and more direct pathway to Indefinite Leave to Remain. AXIS Solicitors provides a free initial assessment to help you understand your options and choose the most suitable route based on your circumstances.
How to Strengthen Your Application for a UK Spouse Visa Switch?
We provide expert legal guidance to individuals looking to switch to a UK Spouse Visa under the 5-year route from within the UK. Our experienced immigration solicitors ensure your application meets all Home Office requirements, giving you the best possible chance of success.
- Assessing your current immigration status to confirm eligibility to switch under the 5-year spouse visa route
- Advising on whether you qualify under the 5-year route or whether the 10-year route applies to your circumstances
- Preparing and submitting a strong FLR (M) application with accurate supporting evidence
- Ensuring you meet key requirements including relationship genuineness, financial threshold, accommodation, and English language rules
Our client-focused approach ensures your case is handled with care, precision, and confidence.
What Steps Are Involved in Switching to a UK Spouse Visa UK?
Spouse Visa Switching (10-Year to 5-Year Route)
- Assessment of eligibility to move from 10-year to 5-year settlement route
- Strategic advice to meet standard Immigration Rules
- Full preparation and submission of a compliant FLR (M) application
UK Spouse Visa Applications (Inside the UK)
- End-to-end handling of in-country spouse visa applications
- Guidance on relationship, financial, and accommodation evidence
- Ongoing support until a Home Office decision is received
Spouse Visa Extensions (FLR M)
- Preparation of spouse visa extension applications before expiry
- Review of continued eligibility under the Immigration Rules
- Minimising risk of refusal through accurate documentation
Indefinite Leave to Remain (ILR) as a Spouse
- Advice on eligibility after completing the qualifying residence period
- Assistance with meeting continuous residence and suitability rules
- Careful preparation of ILR applications to avoid delays or refusals
Immigration Advice & Case Assessments
- Free initial assessment to determine the most suitable immigration route
- Clear explanation of 5-year vs 10-year settlement options
- Tailored legal advice based on individual circumstances and goals
Regulations & Legal Considerations while Switching to a UK Spouse Visa
Qualifying Partner Requirement
- Your UK spouse must be a British citizen or hold Indefinite Leave to Remain, permanent residence, or settled status
- The relationship must be legally valid, genuine, and ongoing
- Evidence must confirm an intention to live together permanently in the UK
English Language Requirement
- Applicants may need to meet the English language requirement, depending on nationality and circumstances
- Approved English language tests or recognised academic qualifications may be used
- Certain applicants may be exempt based on age or medical conditions
Accommodation Requirement
- Adequate accommodation must be available for both partners in the UK
- The property must not be overcrowded under UK housing standards
- Supporting documents may include tenancy agreements or property ownership evidence
Suitability and Immigration Compliance
- Applicants must not have adverse suitability issues, including serious criminal history
- Full disclosure of immigration history is required
- Any previous refusals or breaches must be properly addressed
