Our client, the non-British spouse of a UK citizen, had previously been living in the UK under the 10-year partner route due to not meeting all requirements of the 5-year route under Appendix FM of the immigration rules. At that time, her application had been granted on family and private life grounds, allowing her to remain in the UK, but with a significantly longer path to settlement.
Following a change in circumstances, the family approached Whytecroft Ford to explore the possibility of switching to the 5-year partner route, which offers a shorter and more direct pathway to Indefinite Leave to Remain (ILR).
Meeting the Higher Income Threshold Introduced in April 2024
A key aspect in this case was the introduction of the new Minimum Income Requirement (MIR) of £29,000, which took effect from April 2024. The client had to meet the previous income threshold of £18,600 in her previous application. However, as the client had never previously been granted leave under the 5-year route before this change, the new, higher threshold applied. Despite having several sources of income and savings, they were unsure of how best to demonstrate their income as required by the immigration rules.
Whytecroft Ford carried out a full financial eligibility review and confirmed that the client and her British spouse jointly met the requirement through:
- Director’s salaries and dividends drawn from a UK limited company in which they are both shareholders and directors;
- Ongoing rental income from a jointly owned residential property.
All evidence was structured in accordance with Appendix FM of the Immigration Rules, including the relevant CT600 company tax return, dividend vouchers, payslips, and tenancy agreements. Where original financial documents were not immediately available, we provided alternative acceptable evidence to satisfy the Home Office’s ongoing income requirements.
Additional Requirements Met with Precision
Alongside the financial criteria, the applicant also demonstrated:
- A genuine and subsisting relationship with her British spouse;
- Adequate accommodation in a jointly owned, mortgage-free home;
- English language ability at A2 level, with an approved test certificate;
- Cohabitation with their British citizen children, both of whom are in full-time education in the UK;
- A consistent intention to continue residing in the UK as a family unit.
This clear and well-supported presentation enabled the application to be approved on priority without delay.
Why Switching to the 5-Year Route Was the Right Move
Had the applicant remained on the 10-year route, she would have faced several more years before qualifying for Indefinite Leave to Remain. This outcome represents a significant reduction in the time, cost, and uncertainty of future applications and demonstrates the importance of proactive legal advice when personal or financial circumstances change.
Our Legal Approach: Accurate, Responsive, Strategic
Whytecroft Ford delivered tailored advice at every stage of the application. We:
- Reviewed historic case decisions and immigration history;
- Clarified the implications of the April 2024 immigration rule changes and how these can be satisfied;
- Aligned financial documentation with strict evidentiary standards;
- Advised on supplementary documentation to mitigate delays where originals were unavailable.
Our team ensured that the case was not only compliant but compelling.
Moving Forward — With Confidence and Clarity
With this approval, our client has transitioned onto a route that leads more efficiently toward settlement. The family can now plan their future in the UK with greater certainty and reduced administrative burden.
This case is a strong example of how timely immigration strategy can have life-changing outcomes.
Speak to Us About Your Spouse or Partner Route
Whether you’re applying for the first time or considering a switch to the 5-year route, Whytecroft Ford can provide the expert guidance needed to make your application successful.
Contact us today to assess your eligibility and take the next step with confidence.
