SPOUSE VISA ILR
Spouse Visa Indefinite Leave to Remain (ILR)
If you’ve been living in the UK as the spouse or civil partner of a British citizen or settled person, you may be able to apply for Indefinite Leave to Remain (ILR).
ILR means you can stay in the UK without a time limit, and you won’t need to make any more spouse visa extensions. It can still be lost or taken away in some circumstances.
Whether you qualify depends on which route you’re on, how long you’ve lived here, your relationship, and whether you meet the financial, English language and other requirements.
When can you apply?
On the five-year partner route, you can normally apply after five years of continuous residence in the UK. You can apply up to 28 days before you reach five years. Applying earlier than that can lead to a refusal.
The five years must normally be spent on the partner route. Time on other visas doesn’t count, and nor does time on a fiancé visa.
Your current visa must still be valid when you apply. If it runs out before you’re eligible for settlement, you may need to extend it first.
Five-year and ten-year routes
Family visas are granted on different routes. On the five-year route, you’ll need to meet the relationship, financial and other requirements to settle. The ten-year route has different rules, and some time on other visas may count towards it.
Your latest Home Office decision letter should say which route you’re on. If you’ve switched visas before, or were granted on family or human rights grounds, check your qualifying period before you apply.
What are the requirements?
On the five-year route, you’ll normally need to show that:
- you’ve completed the qualifying period
- your partner is British or settled
- your relationship is genuine and continuing
- you’ve lived together and plan to stay together
- you meet the financial and accommodation requirements
- you meet the English language and Life in the UK requirements, unless you’re exempt
- there are no suitability reasons to refuse you, such as certain criminal convictions or immigration breaches
Your application will be judged on the rules in force on the day you apply.
Proving your relationship
Your marriage or civil partnership certificate proves you’re legally married, but it isn’t enough on its own. You’ll also need to show you’ve lived together since your last visa and that your relationship is genuine.
Good evidence includes letters to you both at the same address, tenancy agreements, mortgage statements and council tax bills. What you need depends on your circumstances.
What if you’ve lived apart?
Time apart doesn’t automatically stop you settling. There can be good reasons, such as work, caring for a relative or other family circumstances.
The Home Office may look at why you were apart, for how long, and whether you’ve kept your relationship going and plan to live together permanently. If you’ve spent a lot of time apart, explain it clearly and back it up with evidence.
Do absences from the UK matter?
The partner route doesn’t have the fixed 180-day absence limit that applies to some other visas, but time abroad still matters.
The Home Office may look at whether you’ve kept your home and family life in the UK. Long periods overseas, especially if your main home has been outside the UK, can raise questions. If you’ve spent a lot of time abroad, check your position before you apply.
How much do you need to earn?
You’ll normally need to meet the financial requirement again. How much depends on when you first applied on the partner route.
If you first applied before 11 April 2024
You’ll normally need a combined income of at least £18,600 a year, plus:
- £3,800 for your first child
- £2,400 for each child after that
The total is capped at £29,000. You don’t need the extra for children who are British, Irish or settled in the UK.
If you first applied on or after 11 April 2024
You’ll normally need a combined income of at least £29,000 a year, with no extra amount for children.
Can you use savings?
Yes. Savings can be used on their own or alongside income. For an ILR application, any savings over £16,000 can be counted against a shortfall in your income, pound for pound. This is more generous than the calculation used for your first spouse visa and extensions, so don’t assume the same rules apply. The savings must have been held for the required period, with the right evidence.
What if your partner gets disability or carer’s benefits?
If your partner receives certain benefits, the usual income threshold doesn’t apply. Instead, you’ll need to show you can support yourselves and have suitable accommodation without relying on extra public funds. You’ll need evidence of the benefit and your household finances.
Accommodation
You’ll need to show you still have suitable accommodation for you, your partner and any family members, without overcrowding. It doesn’t have to be owned by you. Rented property or a home provided by family can be fine.
English language
Unless you’re exempt, you’ll need to meet the English language requirement, currently level B1 in speaking and listening. The government has announced a move to B2 for many settlement applications made on or after 26 March 2027. We’ll confirm which level applies to you.
You can meet the requirement with an approved English test, an eligible degree or another accepted method. You’re exempt if you’re 65 or over, or have a physical or mental condition that prevents you from meeting it.
Life in the UK test
Most people aged 18 to 64 must pass the Life in the UK test before applying. It covers British history, institutions, customs and everyday life. You’re usually exempt if you’re 65 or over, or have a condition that prevents you from taking it. The English requirement and the Life in the UK test are separate, so passing one doesn’t cover the other.
What documents will you need?
Typically:
- a valid passport or other accepted ID
- evidence of your current visa
- your marriage or civil partnership certificate
- evidence you’ve lived together and your relationship continues
- payslips, bank statements or other financial evidence
- evidence of your accommodation
- your English language qualification, or evidence you’re exempt
- your Life in the UK test pass
If you’ve been on other visas before, you may need extra documents to show your qualifying period. Getting the documents right is especially important if you’re relying on self-employment, savings, transitional rules or unusual family circumstances.
How much does it cost?
The Home Office fee for ILR is £3,226 per person. If available, the super priority service costs an extra £1,000 and usually gives you a decision by the end of the next working day after your appointment. You don’t pay the Immigration Health Surcharge for ILR.
Fees correct at October 2026. You can check the latest Home Office fees on GOV.UK.
What if you don’t meet the requirements?
You might have completed five years but still not meet another requirement. For example, your finances may have changed, or you may not have passed your English or Life in the UK test yet.
In that case, you may be able to apply for further leave to remain instead. Look at your options before your current visa runs out, because applying for ILR when you don’t qualify can lead to a refusal and affect your immigration position.
The government has also proposed changes to the settlement rules, so check with us before you plan around a date.
Frequently asked questions
You can apply up to 28 days before you complete five years. Applying earlier may lead to a refusal.
No. Your time as a fiancé doesn’t count towards the five years.
Yes, on the five-year route. How much depends on when you first applied and whether any exceptions apply.
Time apart doesn’t automatically stop you settling. The Home Office will look at why you were apart and whether your relationship is still genuine.
Not a fixed one on the partner route, but long absences can still affect your application.
Yes, if you’re aged 18 to 64, unless you’re exempt.
No, ILR and British citizenship are different. But if your partner is British, you can usually apply for citizenship as soon as you have ILR, without waiting the usual 12 months.
Spouse visa ILR advice from Fusco Browne
Settling in the UK takes more than five years on a spouse visa. The Home Office must also be satisfied that you still meet the relationship, financial and other requirements.
We advise on eligibility, qualifying residence, financial evidence, and cases where your family circumstances or immigration history have changed.
If you’re coming to the end of your five-year spouse visa, or aren’t sure whether you qualify, call us for a free initial assessment.