Spouse Visa to ILR (Indefinite Leave to Remain)

Apply for ILR from Spouse visa in UK

You can make your Indefinite Leave to Remain (ILR) application up to 28 days before you have completed the 5 year continuous residence requirement on a UK Spouse visa. You should apply before your Spouse visa expires. 

Applying for Indefinite Leave to Remain (ILR) is the next step after holding a UK visa with eligibility for settlement. As an ILR-eligible visa, the Spouse visa allows you to apply for ILR after 5 years’ continuous residence if you have met all the criteria during your stay on a Spouse visa. 

You must continue to meet the terms of your initial Spouse visa permission until your ILR is approved, as well as complete a Life in the UK Test, and an English Language Test at the level required (if applicable) as part of the application process.

To be eligible for the 5-year ILR route, you will need to show you are still in a “genuine and subsisting relationship” with your Spouse visa sponsor and demonstrate you have met and continue to meet the income requirements. 

If you do not meet these requirements, you may need to enter the 10-year route to settlement or prove “exceptional circumstances”. 

Your application must have been for a Spouse or Unmarried partner visa under the Family visa route. If you applied as the dependent of a partner on a UK working visa, you should see UK Dependent visa to ILR. 

Our dedicated immigration lawyers can help you with everything you need to know if you want to apply for Indefinite Leave to Remain. Call our team of advisors today on +44 (0)333 414 9244.

When can you apply for ILR from a Spouse visa

When you were granted “leave to remain” for a Spouse visa in the UK, you would have been granted permission to stay for 2 years 9 months if you applied from outside the UK. If you applied from within the UK (switching from another visa) you would have been given permission to stay for 2 years 6 months. As your initial permission was granted for under 5 years, you may have extended your Spouse visa for another two and a half years to complete the continuous residence period. 

Applying for ILR After 5 years

At the end of the extension period you will have spent close to 5 years in the UK on your Spouse visa, and would be eligible to apply for Indefinite Leave to Remain. The five year route is typical for most applications. In most cases you must prove you can meet all of the requirements below. You must still prove you:

• Are in a genuine and subsisting relationship with your partner
• Meet the financial requirements
• Can evidence suitable accommodation for your family
• Have had leave to remain as a partner for 60 months
• Pass the Life in the UK test (if you are aged 18-64)
• You have a genuine intention to live and settle in the UK long-term. Long absences (without good reason) could be viewed as not planning to live together permanently in the UK. 

If you come from a country where English is not the main language, you will also need to meet the following:

• The English language requirement of B1 or above. This is expected to rise to B2 in 2026. 

If you cannot apply for ILR after 5 years and cannot renew your Spouse visa

If you do not qualify to renew your Spouse visa before you have reached the 5 year continuous residence period on a Spouse visa, you may need to apply for further leave to remain by other means. This means you are switching visa route, and it will reset the ILR clock, essentially starting the 5 year continuous residence period from scratch.

You may switch to a Skilled Worker visa for example, or if you have a child in the UK who is a British citizen you can apply for a Parent of a British Child visa. In either scenario, it will reset your timeline to 5 years. In this case, you can apply again under the 5 year route after 5 years on your new visa. Alternatively, after 10 years of continuous residence in the UK (having spent time on various visas), you can apply for ILR after 10 years.

“Exceptional circumstances” if you do not qualify for another visa to stay in the UK

If you do not meet the requirements to apply for ILR or to extend your Spouse visa, you must apply for another permission to stay in the UK. If you cannot apply for another visa, you would have to prove you have significant ties to the UK (such as a child who is a British citizen) and prove that leaving the country would violate your human rights under article 8 of the European Convention of Human Rights (ECHR). This is only granted in exceptional circumstances, and is rare.

Some examples of when you may need to access Article 8 and the 10 year route include:

• If your partner became a UK settled person during this time, but their earning requirements together with yours were not enough to meet the £29,000 financial requirement, you would not qualify for the 5 year route. If you can’t meet the conditions for another UK visa, you may need to check your eligibility for Article 8 and the 10 year route to settlement.
• If you and your partner split up during this time you would not meet the 5-year route to settlement as you can no longer prove a genuine and subsisting relationship. You would need to apply for a new permission, such as a Parent of a British Child visa or under Article 8.
• If you cannot demonstrate you have lived, do live and plan to live together in the UK, you may not qualify for the 5-year route and may have to apply for another UK visa or if applicable, apply under Article 8.

Applying for ILR After 10 years

If you do not meet all of the requirements for the 5 year route, you may be able to continue your stay by applying for further leave to remain (either under a new visa or Article 8), and later applying under the 10 year route to settlement. This means you will need to continue to renew your visa permissions until you are eligible for settlement after 10 years. 

10 year route – time spent on other visas

In some cases, you may have spent time in the UK prior to getting a Spouse visa. If this was on a visa that is permitted on the 10-year route such as a Student visa, Graduate visa or Skilled Worker visa, then that can count towards 10 years of continuous residence in the UK.

For example, you may have spent:

• 3 years on a UK Student visa
• 2 years on a UK Graduate visa
• 4 years on a UK Spouse visa

In this case, you will only need to apply for permission to stay in the UK for one more year before you are eligible for ILR. However, time spent on Visitor visas and Seasonal Worker visas do not count towards the 10 year route.

Genuine and subsisting relationship requirement

When applying for a Spouse Visa, you and your partner need to show that you are in a genuine and subsisting relationship. After meeting the continuous residence requirement on a Spouse visa, you may wish to move from a Spouse visa to ILR. 

When applying for ILR from a Spouse visa, the Home Office will review your circumstances before granting Indefinite Leave to Remain. This means that you must still reside together with your partner, and you must be able to demonstrate that your relationship is still subsisting.

There are a few ways you can prove a genuine relationship to the Home Office in support of ILR spouse visa, these include:

• Co-habitation
• A long-term relationship- including marriage or civil partnership
• Children- with a shared responsibility of their care
• Shared financial responsibilities
• Future plans in place

Spouse visa to ILR financial requirement

To obtain leave to remain in the UK on a Spouse Visa, you and your partner must have a combined income of at least £29,000 a year. You can prove you meet the ILR financial requirements in cash savings also.

To meet the minimum income threshold for the Spouse visa to ILR route, you can rely on:

• Income from salaried employment and self-employment
• Cash savings held for at least six months, depending on your circumstances. Speak to our lawyers for more information.
• Non-employment income, such as income from property rental, investments, shares, and stocks
• Maternity allowances or other benefits received in the UK

When you move from a Spouse visa to ILR, you must be able to demonstrate that you have met this criteria in the time you have spent in the UK, and continue to meet it as you apply for ILR. 

Accommodation requirements for ILR

The adequate accommodation criteria for getting Indefinite Leave to Remain from a Spouse Visa is almost identical to the initial partner visa application. This means that you and your partner need to show that you have proper accommodation available for you and your family.

Your house must not contravene “public health regulations”, and have enough rooms for all the members of your family. As with Spouse visa applications and extensions, you may need to have a Property Inspection Report or similar to prove your compliance. 

English language requirements for ILR Spouse visa

To be eligible for Indefinite Leave to Remain from a Spouse visa, you must be able to prove your knowledge of the English language by taking a secure English language test to at least level B1. You can take any of the following tests:

• Integrated Skill in English test
• Graded examinations in Spoken English
• IELTS Life Skills certificate
• IELTS certificate

These tests can be taken with test providers such as Trinity College, London.

As part of your Spouse visa ILR application, you must provide a test pass certificate with your required documentation. You may not need to take the test if you are from a majority English speaking country.

Life in the UK test requirement

A further requirement to be granted ILR as a Spouse visa holder is that you pass the Life in the UK test.

The Life in the UK test is a test consisting of questions about British life and customs. With the test candidate being required to score at least 75% to be graded with a UK test pass. The test has 24 questions, meaning you must get a score of 18/25 to pass. The test must be completed in 45 minutes at a qualifying Life in the UK test centre. 

Exemptions for Life in the UK Test

There are some instances where a person may not be required to take the Life in the UK test. These include if the person:

• is under the age of 18 years old
• is aged 65 years old or over
• has passed the test before settling in the UK
• has a long-term physical or mental condition that may stop you from taking the test (you may need proof from your doctor)

If you take the test and pass, you will be issued with a pass certificate which will act as evidence to support your ILR application.

Good character requirement for ILR

The good character requirement is designed to assess a person’s suitability to visit or live in the UK. It is a feature of many UK immigration processes and while it shares similarities whether you apply for a UK visa, Indefinite Leave to Remain or for British Citizenship – the actual requirements differ.

Indefinite Leave to Remain, similar to UK visa applications, operates a rules-based system. There is little scope to explore personal circumstances or reasons for not meeting certain criteria, particularly when it comes to “good character requirement”. It is important that you demonstrate your good character with documentation to prove, for example, you have not:

• Breached immigration rules
• Spent serious or not spent serious criminal convictions
• Engaged in deception of the UK government
• Got unpaid debts or taxes

Demonstrating the above, as well as the criteria required for a UK visa or for ILR may be enough to prove you are of “good character” under a more rules-based application of immigration law. A citizenship application may dig deeper.

Absence requirement for ILR Spouse visa applications

There is no specific number of maximum absences for those applying for Indefinite Leave to Remain from a Spouse Visa. However, if you have spent the majority of your time abroad, the Home Office may doubt the genuineness of your application, and refuse your case.

While absence requirements do not strictly state the number of days you can be absent from the UK, it is worth noting though, that prolonged or poorly timed absences may affect when you can apply for British citizenship. It is therefore presumed that ILR absence requirements allow no more than 180 days of absence in a 12 month period, because most people apply for citizenship soon after ILR. In reality, the absence rule is for British citizenship from ILR, and it is possible to stay on ILR for longer before making a British citizenship application. 

If you are applying to settle in the UK from any Point-based visa and not the Family visa route (Appendix FM), your absences should not exceed 6 months in any 12 months when applying for ILR.

British Citizenship absence requirements – and why it matters to ILR

If you plan to apply for British citizenship immediately (for spouses of British citizens) or after 12 months of ILR approval, you must meet the following absence requirements:

• Have lived in the UK for 5 years continuously
• Spent no longer than 90 days outside of the UK in the 12 months before your British citizenship application 
• Spent no more than 6 months in any 12 month period outside the UK
• Spent no more than 450 days in total outside of the UK during the 5 year qualifying period

To have your circumstances professionally reviewed by an expert UK immigration lawyer, or to receive help with your Indefinite Leave to Remain application, you can get in touch with IAS. One of our immigration solicitors will be happy to help you.

How much does it cost to submit an ILR application?

The standard fee for submitting an ILR application as a Spouse visa holder is £3,029 per applicant. You will not need to pay any Immigration Health Surcharge fees as part of your application. 

In addition to this, it will cost £50 to sit the Life in the UK test. It is important to note that should your ILR application be rejected or should you fail the Life in the UK test, you will not be refunded for either. It is important to prepare well and ensure your documents are checked. 

If you require a faster decision to be made on your ILR application, you can opt for a priority service, which will speed up the application process. This costs an additional £500 per ILR application submitted for consideration.

How long is ILR processing?

The standard processing time for an Indefinite Leave to Remain application is around 6 months. Whilst this is a lengthy application process, you can opt for a decision to be made quicker on your behalf using the Home Office priority service. IAS also offers a fast-track service for applications in as little as two weeks.

The 6-month timescale is just an estimate and the application process can often be quicker if you have put forward a straightforward case to the UKVI.

In slightly more complex cases, the UKVI may need to reach out to you for additional evidence or documentation. If this is the case, you should ensure you present the requested documents in a timely manner to avoid delays. Failure to do so can result in your Indefinite Leave to Remain application being rejected completely.

Documents required to apply for Indefinite Leave to Remain as a Spouse

Supporting documentation must be submitted for you and any dependents who apply for ILR. The documents typically required include:

• A passport or other valid travel document
• Information outlining and explaining any periods of absence from the UK
• Proof of your English language test at a pass level
• A test evidence pass certificate from the Life in the UK test
• A Biometric Residence Permit (only if you were issued one)
• Accommodation details
• Complete indefinite leave to remain application form for Spouse (Set M)

All of the documents supplied should be original copies and not photocopies. If they aren’t already, your documents will need to be translated into either English or Welsh for inspection by the Home Office. It is normally expected that translations are certified translations, often legalised by an apostille. 

Benefits of ILR over a Spouse visa – what changes?

A successful ILR application means you no longer need to apply for or extend visas (leave to remain) in the UK, and you can stay in the UK indefinitely.

Indefinite Leave to Remain comes with multiple benefits, not least lifting of some restrictions that a UK Spouse visa holder faces. 

• You will not have to pay the Immigration Health Surcharge or further visa fees. 
• You may bring dependents with fewer conditions
• You are permitted to apply for British citizenship straight away (if your spouse is a British citizen) or after 12 months on ILR (if your spouse is not British but has settled status in the UK).

Can ILR after a Spouse visa lead to British citizenship?

One of the biggest advantages of ILR status is that it acts as the prerequisite to British citizenship. While British citizenship has a separate set of requirements you must meet, it is typically straight-forward to obtain once ILR is granted. The main requirement is showing a long-term commitment to living in the UK. You can only apply for British citizenship after you receive Indefinite Leave to Remain. 

How long to wait for British Citizenship after a successful ILR application

• The spouse of a British citizen must wait until their ILR is approved before applying for British citizenship
• The spouse of someone with British settled status must wait for an additional 12 months after their ILR application is approved.

What are the advantages of British citizenship over ILR?

While ILR affords many of the benefits of British citizenship, it is not as all-encompassing as British citizenship. It is often thought that ILR removes all immigration restrictions, but this is not the case. It does significantly reduce restrictions compared to UK visas. For example, you are no longer restricted in the type of work you do (if you were before). Some restrictions on ILR include:

• ILR does not grant you the right to vote or stand for public office
• You still need to maintain ILR status.
• ILR can lapse if you spend too long outside the UK, especially if you spend over 2 years continuously outside the UK.

British Citizenship comes with a lifelong right to live in the UK that cannot be revoked due to absences. It also allows you to apply for a British passport. 

Becoming a British citizen by acquiring British citizenship comes with its own set of eligibility criteria which should be checked carefully. If you need help understanding if you are eligible to become a British citizen, you can get in touch with our lawyers for expert immigration advice today.

Will a divorce or separation affect my ILR Spouse visa Application?

If you and your spouse at the time of your Spouse visa application decide to get a divorce, then your permission to stay in the UK on your Spouse visa is likely to be affected. As a spouse, your permission in the UK is tied to your relationship, and if that relationship breaks down then the 5 years’ continuous residence requirement for ILR in the UK breaks down. 

You must still be in the relationship that your Spouse visa is dependent on, otherwise you are ineligible for ILR after 5 years, even if you have spent over 5 years in the UK already. You should consult a legal professional to understand your options and eligibility for the 10 year route. 

You must notify the Home Office of any change in your personal circumstances from when you submitted your Spouse visa application. This includes, if you decide to separate or live separate lives. When that’s the case, you are no longer in a “genuine and subsisting relationship” even if you have not begun divorce proceedings. The same conditions apply to those who are a Spouse as part of a Family visa or a dependent visa. 

ILR application rejected – what to do

Having your ILR refused can be devastating, but it is important to know that you can act on this.

Should your ILR get refused, you can submit a new ILR application that clearly addresses the grounds for refusal. This gives the Home Office the chance to review your request and reconsider.

Grounds for refusal

There are multiple common grounds for refusal, which include: 

• Excessive absences
• Immigration breaches
• Failure to disclose debt
• Criminal convictions
• Failing the English language test
• Undisclosed relationship status’
• Other adverse behaviour.

You can seek immigration advice from a trained lawyer should your application be refused.

Can I still apply for ILR with a criminal record?

You may still be able to apply for ILR with a criminal record, but you must disclose all spent and unspent criminal convictions on your ILR application.

Failure to disclose these will result in your ILR application being rejected.

For more information on how to correctly disclose these convictions to the Home Office, you should contact a trained immigration lawyer for more advice and guidance.

How can Immigration Advice Service help?

At IAS, we are committed to helping all couples who wish to settle in the UK.

Our expert immigration lawyers can assess your eligibility for ILR, gather and check your supporting documents and help with completing your application form to the highest standard.

Your immigration lawyers will also write a Letter of Representation to accompany your application form. This letter provides the Home Office with information on your case and its merits and will reference relevant UK immigration laws which strengthen your application. We will also make sure you meet all the necessary requirements by preparing you for your ‘Life in the UK’ test and IELTS test. With the IAS, you will give yourself the greatest possible chance of receiving ILR status.

To talk to our team about help from one of our professional immigration lawyers, call us today on +44 (0)333 414 9244.