Switching from 10 year route to 5 year route
Switching From 10 Year Route to 5 Year Route
Are you living in the UK on a 10 year route to settlement? Would you like to switch to a faster, 5-year route? Well, this is possible. In this guide, we’ll talk about switching from the 10 year route to the 5-year route.
What are the 10 Year and 5 Year Routes?
First, let’s explain the 10 year and 5 year routes. The 10 year route is for people who may not meet some requirements for the 5-year route. This includes showing a certain level of income. The 10 year route leads to Indefinite Leave to Remain (ILR) after living in the UK for 10 continuous years.
The 5-year route is quicker. You can apply for ILR after living in the UK for 5 years. This is if you meet certain rules. One rule is the income requirement. Another rule is passing an English language test and the Life in the UK test.
For both routes, you must meet the suitability requirements, but for the 10 year route the eligibility requirements are somewhat relaxed compared to the 5 year route, i.e. the 10 year route may be an easier route for some people.
Why Switch to the 5-Year Route?
Switching to the 5-year route is a good choice for many. You can get ILR quicker. Also, once you have ILR, you can apply to be a British citizen.
When to Switch
The best time to switch may be when you apply to extend your visa. This is usually after 2.5 years. At this time, you can apply for the 5-year route if you now meet all the requirements. However, be aware that time spent on the 10 year route does not count on the 5 year route, so the clock starts again.
You can apply straightaway if you wish if you now meet the criteria to switch to the 5 year route.
You must be on the 10 year route and still have valid leave to be able to switch into the 5 year route to ILR.
How to Switch
To switch, you need to fill out an application form. You find this on the UK government’s website. It is the FLR (M) form (LINK TO THE FLRM PAGES?) Here, you will need to provide personal information. You will also need to provide information about your time in the UK.
Next, you need to pay an application fee. You do this online when you apply. The cost depends on your situation. The fee is £1048 (if applying within the UK). A full list of fees can be found on Gov.uk: https://www.gov.uk/uk-family-visa.
Then, you need to show you meet all the rules under the 5 year route. This includes:
You need to prove you and your partner earn a certain amount to allow switching from 10 year route to 5 year route for ILR. This is usually at least £18,600 a year. For any children applicants, you need to earn more.
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
Financial requirements do not apply to a child who is a British citizen or is settled in the UK
English language requirements
As you are applying for an extension, you must meet the English Language Test A2 language requirement.
What Happens Next?
After you apply, you wait. The government will check your application. This can take several months. Then, you will get a letter. This letter will tell you if your application is successful or not.
If you are successful, congratulations! You are now on the 5-year route to ILR.
If you are unsuccessful, you will be given reasons, and you may have a right to administrative review and/or appeal to the Immigration Tribunal (First Tier Tribunal (Immigration)). Judicial review may also be an option. You will need to obtain legal advice urgently as there will be strict deadlines. Do not leave it to the last minute.
Help is Available
Switching from the 10 year to the 5 year route can be tricky. But remember, help is available. If you need support, you can talk to a legal expert. We can guide you through the process.
In conclusion, the 5 year route is a quicker path to ILR. It requires meeting certain more stringent rules. But if you can meet these, it is potentially a quicker route to permanent residency. We hope this guide has helped explain how to switch from the 10 year to the 5 year route. Good luck!
If you need more help, we are ready to offer professional assistance. Our immigration lawyers have years of experience and can provide expert advice on any issues you may face during your immigration journey in the UK. Don’t hesitate to reach out and let us help make your dream of living in the UK a reality.
We can help you make the application for switching from 10 year route to 5 year route for ILR. If you have already made the application and have not received a decision or have received a refusal, we may still be able to help.