What is the difference between the 5 year and 10 year Partner Route?
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What Is The Partner Route?
The Partner Route (PR) can lead to settlement (i.e. Indefinite Leave to Remain (ILR) status) in the UK for a non-British National.
The Partner Route can either be the “5-year” route, or the “10-year” route, which means that a person with this immigration status will either be eligible to apply for ILR after 5 years of being on the 5-year Partner Route, or after 10 years of being on the 10-year Partner Route.
What Is the Difference Between the 5-Year and the 10-Year Partner Routes?
As mentioned above, the main difference is effectively when the applicant will be eligible to apply for ILR in the UK.
The 5-year PR and the 10-year PR apply to applications made on or after the 9th of July 2012. This was when a set of rules, called “Appendix FM” was introduced and implemented into the current Immigration Rules. Appendix FM sets out the requirements for a Partner Visa.
Prior to that date, a different set of requirements applied to non-EU Partners. For those who applied, or entered the UK with a spouse/partner visa that was issued before the 9th of July 2012, the former requirements contained in the Immigration Rules applied to them.
This article only covers the current requirements under Appendix FM of the Immigration Rules.
The 5-year Partner Route is the usual route for those who either:
- Entered the UK initially as a fiancé(e) or a proposed civil partner, and who then get married or enter into a civil partnership in the UK, and are now applying to remain in the UK as a spouse/civil partner (i.e. they are applying to “switch” as a Spouse/Civil Partner); or
- Initially entered the UK with a partner visa, which is valid for at least 2 and a half years, and who are still in a relationship with the same partner, and will continue to live in the UK with the same partner (i.e. they are applying to extend their spouse/partner visa); or
- Are currently in the UK on another immigration visa/category, which is valid for more than 6 months, and who has since married/entered into a civil partnership with their Partner, or who has been living with their Partner continuously for at least 2 years (either in the UK and/or abroad), i.e. an “unmarried partner,” and their partner is a British citizen, or a settled person, or someone with refugee status or humanitarian protection (i.e. they are applying to “switch” as a Partner).
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The 10-year Partner Route will usually be applicable for those who are currently in the UK with:
- A visitor visa, or
- A tourist visa (i.e. those who are a citizen of a country that is not required to apply for a visitor visa prior to entering the UK, for example the USA) or
- Another short term visa that is valid for 6 months or less, or
- No valid immigration status, and are therefore an illegal immigrant/over-stayer (e.g. someone with an expired visa) or
- Currently on the 5 Year Partner route, but fail to meet all of the requirements of Appendix FM at the time of making their extension
AND
There are compelling reasons as to why the applicant cannot return to their country of origin/residence and submit an application from there.
*The 10-year PR can also be granted to those who are outside the UK. This would occur when the applicant has been determined as not meeting the requirements of Appendix FM (Partner Route), but because of exceptional circumstances regarding the applicant, their Partner and/or their dependent children, the UKVI has decided to make an exception and granted them leave to enter (under the 10-year Partner Route instead of the 5-year Partner Route).


How Long Is the Visa Granted For under the 10-year Partner Route?
Whether you are granted leave on the 5 year or 10 year Partner Route, the minimum period of leave is 2 and a half years.
The Applicant will have to apply to extend their visa until they will be eligible to apply for ILR, (3 times in the case of the 10 year route because each extension granted is also valid for 2 and half years).
Can you switch from the 10 year Route to the 5 year Route?
If you are currently on the 10 year partner route and your circumstances change i.e. you are now able to meet all the requirements of Appendix FM, you can apply to switch to the 5 year route via Form FLR (M). You can also do this straight away i.e. you do not have to wait until your current visa expires.
It is important to note however, that if you do switch to the 5 year route from the 10 year route, any time spent on the 10 year route cannot be carried forward/will not count towards your qualifying period for Indefinite Leave to Remain (ILR) on the 5 year route. That is to say, the clock resets and you must now complete the full 5 years on the 5 year route to be eligible for ILR.
For the Complete Guide for switching to the 5 Year Partner Route, which covers everything you need to know about the application process and getting a successful outcome, head over here.
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Please also note that the information does not represent a complete statement of the Law and does not constitute legal advice.
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