5-Year vs 10-Year Partner Route

The 5-year partner route is the faster pathway to ILR for partners and spouses of British citizens or people settled in the UK. To be placed on the 5-year route, you must satisfy all the requirements of Appendix FM at the time of your application, including:

• The Minimum Income Requirement (MIR) — the UK sponsor must meet the specified income threshold (£38,700 as of early 2025)
• The English language requirement — the applicant must demonstrate English at A1 CEFR level for entry, A2 for a first extension, and B1 for settlement
• The relationship requirement — the relationship must be genuine and subsisting, and the couple must intend to live together permanently in the UK
• The suitability requirements — no relevant criminal history, no deception in applications, no outstanding debt to the Home Office
• The accommodation requirement — adequate accommodation for the couple (and any children) that is not overcrowded

On the 5-year route, the applicant is granted 33 months of leave as a partner initially (for entry clearance applications). This is extended by a further 30 months. After completing 5 years (60 months) of leave in this category, the applicant can apply for ILR.

The 10-year partner route arises where an applicant does not meet all the Appendix FM requirements but has a protected right to remain in the UK on human rights grounds — most commonly under Article 8 of the European Convention on Human Rights (the right to respect for private and family life). Common reasons why an applicant may be put on the 10-year route include:

• The sponsor does not meet the Minimum Income Requirement
• The applicant does not meet the English language requirement
• There are exceptional circumstances that justify a grant of leave outside the normal rules
• The applicant has a criminal record that prevents a grant under the standard route but does not justify outright refusal on human rights grounds
• The couple have significant ties to the UK (for example, British children) even where the sponsor does not meet the financial requirement

On the 10-year route, leave is granted in tranches of 30 months at a time. After completing 10 years of continuous lawful residence (which can be made up of a combination of family route leave and other lawful leave), the applicant can apply for ILR under the long residence route.

Critically, the 10-year route does not lead directly to ILR as a partner — instead, the applicant must qualify for long residence ILR, which requires 10 years of continuous lawful leave and compliance with the 180-day absence rule.

The financial difference between the 5-year and 10-year routes is substantial. Each visa application in the family route attracts a significant fee — for overseas applications (entry clearance) this is currently £1,846, and for in-country extensions it is £1,048 per person. On top of visa fees, the Immigration Health Surcharge (IHS) must be paid for the full duration of the leave granted, at £1,035 per year per person (as of 2025).

A rough comparison for a single applicant without children:

• 5-year route: Entry clearance (£1,846 + IHS for 33 months) + 1 extension (£1,048 + IHS for 30 months) + ILR fee (£2,885) — total in visa fees and IHS: approximately £10,000–£12,000
• 10-year route: Entry clearance + 3 extensions (every 30 months for 10 years) + ILR long residence fee — total in visa fees and IHS: approximately £20,000–£25,000 or more

These figures illustrate why being on the 10-year route instead of the 5-year route can cost many thousands of pounds more. It also means years of additional restrictions — including NRPF (No Recourse to Public Funds) — and uncertainty about the future.

One of the most important things to know about the 10-year route is that it is not a permanent state — if your circumstances improve and you are able to meet all Appendix FM requirements at the time of an extension application, you can switch to the 5-year route.

For example, if you were initially placed on the 10-year route because your sponsor did not meet the Minimum Income Requirement, but by the time your first extension is due your sponsor's income has risen above the MIR threshold, you can apply for an extension on the 5-year route. If granted, the clock starts running on your 5-year route from that point — your total time to ILR would then be the time already spent on the 10-year route plus the time needed to complete the 5-year route (which may or may not be 5 additional years, depending on how the Home Office treats the transition).

It is also worth noting that time spent on a different visa category (such as a Student visa or Skilled Worker visa) can count towards the 10-year long residence ILR, even if it was not spent on the family route. If you have built up 10 years of continuous lawful leave across multiple categories, you may be eligible for long residence ILR regardless of whether you have been on the partner route throughout.

Always seek advice from an OISC-regulated immigration adviser before submitting an extension application, particularly if you are considering switching routes.