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What is the difference between the 5-year and 10-year partner route?

Short answer

The 5-year route applies when you meet every Appendix FM requirement, including the £29,000 minimum income and the English requirement. The 10-year route is for people granted leave on human rights grounds without meeting them all — doubling the wait for settlement and the fees along the way.

Family route applicants are placed on one of two paths to indefinite leave to remain, and which one depends on whether you met all the rules at the date of the application.

The two routes

  • Five-year route. You satisfy every Appendix FM requirement — the relationship rules, the minimum income requirement of £29,000, English language and the rest. ILR follows after five years of continuous leave as a partner or parent.
  • Ten-year route. You do not meet all the requirements, but you have a right to remain on human rights grounds, usually under Article 8. Leave is granted, but settlement is ten years away.

The practical difference is not only time. Leave on the ten-year route is granted in 30-month tranches, so you would typically face around four extension applications before qualifying — each with its own application fee and Immigration Health Surcharge. Over a decade that is a very large sum, on top of five extra years of insecure status.

Moving from the ten-year to the five-year route

This is the single most valuable thing to know: if your circumstances improve — most often because the sponsor’s income now meets the minimum income requirement — you can apply for your next extension on the five-year route instead of continuing on the ten. You must provide full financial evidence as though applying fresh, and if granted, the five-year clock runs from that point.

Time already spent lawfully in the UK always counts towards the ten-year long residence route, and may in some circumstances count towards the five-year route as well. Cross-route counting is technical, so have an adviser map your timeline rather than assuming.

If you are refused on income grounds

A refusal on financial grounds usually carries a right of appeal to the First-tier Tribunal, with a 28-day deadline from the decision. Appeals are complex — take advice from an OISC-regulated adviser or solicitor immediately. Where the refusal turned on a straightforward evidential error, such as missing payslips or the wrong specified documents, reapplying with corrected paperwork is often quicker and cheaper than appealing.

Read the full guide: 5-Year vs 10-Year Partner RouteCovers eligibility, the process, deadlines, and next steps in depth.

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Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.