Indefinite Leave to Remain (ILR) as a Spouse in the UK
Secure permanent residence in the UK through the spouse visa route with clear, professional legal guidance.
If you hold a spouse visa and wish to make the UK your permanent home, applying for Indefinite Leave to Remain (ILR) is your next step. ILR allows you to live, work, and study in the UK without time limits and is a key milestone towards British citizenship.
Our immigration solicitors in London can help you prepare a strong application and ensure you meet all Home Office requirements.
Call +44 0208 166 1898 or contact us online to speak to our ILR team.
Book your FREE consultation today!
Secure permanent residence in the UK through the spouse visa route with clear, professional legal guidance.
If you hold a spouse visa and wish to make the UK your permanent home, applying for Indefinite Leave to Remain (ILR) is your next step. ILR allows you to live, work, and study in the UK without time limits and is a key milestone towards British citizenship.
Our immigration solicitors in London can help you prepare a strong application and ensure you meet all Home Office requirements.
Call +44 0208 166 1898 or contact us online to speak to our ILR team.
Applying for ILR as a spouse in the UK
ILR as a spouse is available to those who have completed five years in the UK on a valid spouse or partner visa under the 5-year route.
It grants the freedom to live and work in the UK permanently, without having to extend your visa, and opens the door to British citizenship after 12 months.
To qualify, you must show that:
- Your marriage or partnership is genuine and ongoing.
- You meet the financial and English language requirements.
- You have passed the Life in the UK Test.
- You are still living together and continue to meet the visa conditions.
Applications are made using the SET(M) form and must be submitted online to UK Visas and Immigration (UKVI).
Key points:
- You can apply up to 28 days before completing 5 years in the UK.
- You must not have spent more than 180 days outside the UK in any 12-month period.
- Your partner must still be a British citizen or settled person (ILR holder).
How we can help?
Our immigration solicitors can:
- Confirm your eligibility for ILR as a spouse or partner.
- Prepare and submit your SET(M) application to the Home Office.
- Verify your financial and cohabitation evidence.
- Help you prepare for the Life in the UK and English language tests.
- Support complex or previously refused applications.
We offer transparent, fixed-fee support for all ILR spouse applications.
To qualify for ILR under the spouse route, you must meet all of the following criteria:
1. Length of residence
You must have lived in the UK for five continuous years as a spouse or partner under the 5-year route. Time spent on a fiancé(e) or other visa does not count.
2. Relationship requirement
Your marriage or civil partnership must be genuine and ongoing with the same partner who sponsored your original visa.
3. English language
You must meet CEFR Level B1 in speaking and listening, or hold a degree taught in English. Exemptions apply for age or medical reasons.
4. Life in the UK Test
All applicants must pass the Life in the UK Test to demonstrate their understanding of British life and culture.
5. Good character
You must not have a serious criminal record or breaches of immigration law.
6. Evidence of cohabitation
You must show that you have lived together in the UK throughout the qualifying period. Accepted evidence includes joint utility bills, bank statements, or tenancy agreements.
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Step 1: Confirm eligibility
Check that you’ve completed 5 years under the 5-year spouse visa route and meet all requirements.
Step 2: Gather documents
Prepare your supporting evidence, including:
- Passports and BRPs
- Marriage or civil partnership certificate
- Financial and accommodation evidence
- Life in the UK and English test certificates
- Proof of cohabitation
Step 3: Complete the online SET(M) form
Submit your ILR application online through the UKVI website.
Step 4: Pay the fee and book your biometrics appointment
The Home Office fee is £2,885 (as of December 2025). You’ll need to book an appointment at a UKVCAS centre for biometric enrolment.
Step 5: Attend appointment
Provide your fingerprints and photograph, and submit your original documents.
Step 6: Wait for a decision
Most applications are usually decided within 6 months, although priority (5 working days) and super priority (next day) services are available at an additional cost.
- Complete 5 years on a valid spouse visa
- Pass the Life in the UK and English tests
- Prepare financial and cohabitation documents
- Submit SET(M)
- Attend your biometric appointment
- Wait for the Home Office decision
Fees and processing time
- Home Office fee: £2,885 (as of December 2025)
- Standard processing: Up to 6 months (may take longer)
- Priority: 5 working days (additional fee)
- Super priority: Next working day (additional fee)
Our firm offers fixed-fee ILR application services, agreed before any work begins.
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The income threshold you must meet depends on when you first applied for your spouse or partner visa under the 5-year route. The Home Office introduced new financial rules in April 2024, so the applicable threshold differs depending on your application date.
1. If you first applied before 11 April 2024
You remain under the previous financial rules, where the income requirement increases if you have dependent children.
Applicant situation | Minimum annual income requirement |
|---|---|
Partner with no children | £18,600 |
Partner with 1 child | £22,400 (£18,600 + £3,800) |
Partner with 2 children | £24,800 (£22,400 + £2,400) |
Each additional child | + £2,400 per extra child |
If you entered the 5-year route before the rule change, these figures still apply when applying for ILR.
2. If you first applied on or after 11 April 2024
You are subject to the new minimum income of £29,000 requirement introduced by the Home Office.
Under this new rule, the financial requirement no longer increases for dependent children.
3. Accepted income sources
You can meet the financial requirement through one or more of the following:
- Employment or self-employment income
- Pension income
- Rental income or dividends
- Cash savings held for at least six months
- A combination of income and savings (calculated under Appendix FM-SE rules)
4. Savings thresholds
If relying solely on savings to meet the requirement, you must show at least:
- £62,500 for the pre-April 2024 (£18,600) threshold, or
- £88,500 for the post-April 2024 (£29,000) threshold
These figures are calculated under Appendix FM-SE using the formula: £16,000 plus 2.5 times the income shortfall.
5. Other ILR requirements (unchanged)
- Length of residence: Five continuous years on the 5-year partner route
- Absences: No more than 180 days outside the UK in any 12-month period
- Tests: Must pass the Life in the UK Test and meet the English language requirement (CEFR Level B1 for speaking and listening)
6. Future policy review
As of December 2025, the £29,000 threshold remains in force for applicants who entered the partner route on or after 11 April 2024. The Migration Advisory Committee (MAC) reviewed this level in June 2025, and further adjustments may follow based on government policy.
- Applying before or after the 28-day window.
- Missing or inconsistent financial evidence.
- Using expired English or Life in the UK test certificates.
- Insufficient proof of cohabitation.
- Failing to disclose travel absences or previous immigration issues.
We review your application in detail before submission to minimise risks and prevent avoidable refusals.
Recent client experience
A client with a five-year spouse visa approached us unsure whether their financial evidence met Home Office rules. We prepared an updated set of documents and ensured all cohabitation proof matched the correct dates. Their ILR was approved in under four weeks.
(Details anonymised for confidentiality.)
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The table below shows the key differences between ILR and British citizenship:
Feature | ILR (Indefinite Leave to Remain) | British Citizenship |
|---|---|---|
Immigration status | Permanent residence | Full citizenship |
British passport | No | Yes |
Voting rights | No | Yes |
Time outside UK allowed | Up to 2 years | Unlimited |
Access to benefits | Limited | Full |
Next step | Can apply for citizenship after 12 months | Final stage |
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What We Offer
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we understand that immigrating to a new country is a significant
decision that comes with its own set of challenges.
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FAQ
FAQs – Spouse visa to ILR in the UK
When can I apply for ILR?
Up to 28 days before completing 5 years on a spouse visa.
What is the ILR fee?
£2,885 (Home Office fee as of December 2025).
Is English language proof required?
Yes. You must pass a CEFR B1 speaking and listening test, unless exempt.
Can I apply if my relationship has ended?
Only in limited cases, such as domestic violence or bereavement.
What if I fail the Life in the UK Test?
You’ll need to retake and pass before applying.
Can I work while waiting for a decision?
Yes, if your current spouse visa allows it.
Can children be included in my ILR application?
Children must usually apply separately unless born in the UK.
What is the next step after ILR?
After 12 months, you can apply for British citizenship if you meet the criteria.
Speak to our immigration solicitors
If you’re ready to apply for Indefinite Leave to Remain as a spouse, our experienced immigration solicitors in London can guide you through every stage.
Call +44 0208 166 1898 or send us an enquiry to book a consultation.
