Indefinite Leave to Remain as a Spouse in the UK
If you hold a spouse visa and are living in the UK, and wish to stay here permanently, obtaining indefinite leave to remain (ILR) is the next step. The status of ILR is not only time-restriction-free, but it also gives the right to apply for British citizenship. This means that you get long-term security for you and your family.
If you hold a spouse visa and are living in the UK, and wish to stay here permanently, obtaining indefinite leave to remain (ILR) is the next step. The status of ILR is not only time-restriction-free, but it also gives the right to apply for British citizenship. This means that you get long-term security for you and your family.
Applying for Spouse Visa to ILR in the UK – What You Need to Know
Indefinite Leave to Remain (ILR) as a spouse is an excellent point in reaching your UK immigration aim. This call is open to those who have completed five years in the UK with a marriage visa and still maintain the same contractual terms as set by UK Visas and Immigration (UKVI). ILR opens doors to life in the UK without the need to extend your visa, offering greater freedom to live and work, as well as access to certain public funds.
One of the requirements for applying is to prove that your relationship is genuine, ongoing, and to satisfy the income and English language tests. Additionally, you must pass the Life in the UK test. To be eligible for the spouse visa, you must complete the SET(M) form and submit your evidence that you are living together, your finances, and your lawful residence.
Key points:
- Apply not earlier than 28 days before the 5-year qualifying period expires.
- You should have no more than 180 days outside of the UK during any 12 months.
- Your spouse must still be a British citizen or registered as a settled person.
An ILR application can bring you a life in the UK without any immigration restrictions and can also become a first step to British citizenship.
1. Length of Residence
You have to have lived in the UK for a continuous period of at least five years on a spouse visa. The time spent on a fiancé(e) visa or any other category is not counted.
2. Relationship Status
The person to whom you are married or are in a civil partnership must be the same person that you used for the sponsorship of your original visa. The relationship must be both honest and continuing.
3. Financial Requirement
You need to reach the minimum income threshold:
- £18,600 per year (no children)
- £22,400 with one child
- £2,400 additional for each child
The income can be, for example, from salary, self-employment, savings, pension, or rental income.
4. English Language
You need to demonstrate a CEFR B1 level in speaking and listening, or hold an academic qualification taught in English. Based on age and disability, specific exemptions are applicable.
5. Life in the UK Test
The Life in the UK Test is mandatory for all applicants as a way of demonstrating their understanding of British life, culture, and values.
6. Character Requirements
You must not have committed any serious crimes or have a history of immigration violations.
7. Cohabitation Evidence
To prove to the Home Office that you and your partner have lived together throughout the qualifying period, you will need to provide them with some evidence in the form of utility bills, bank statements, or tenancy agreements.
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At Immigration Solicitors UK (ISUK), we take responsibility for assisting clients individually throughout their entire ILR journey with competence and professionalism. We equip spouse visa holders with the necessary skills and personal status to get permanent residency in the UK.
- Experience UK immigration solicitors
- Advice tailored and documentation support
- High success rate in ILR applications
- Transparent pricing and efficient service
Our team is available to assist you throughout the entire process, whether your situation is straightforward or complex. It will ensure that your application complies with all the Home Office’s requirements and is completed correctly.
Step 1: Confirm Eligibility
You must have been on a spouse visa for five years under the 5-year route and meet all the requirements to qualify.
Step 2: Gather Documentation
Key documents include:
- Passports and BRPs
- Marriage certificate
- Evidence of joint address (utility bills, council tax)
- Financial records
- English language and Life in the UK certificates
Step 3: Complete Form SET(M)
Complete the online SET(M) form and submit your ILR application.
Step 4: Pay Fees and Book Biometrics
Pay a sum of £2,885 as the ILR application fee and reserve a biometrics appointment at UKVCAS.
Step 5: Upload and Attend
Bring the original documents and have the copies attached to your application on the day of your appointment. Your photograph and fingerprints will be taken.
Step 6: Wait for the Decision
In regular cases, the decision might take 6 months. Priority (5 working days) and super-priority (next day) services are available at an additional cost.
ISUK is your partner throughout, completing the entire process and ensuring your application is accurate and submitted on time.
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The Home Office also requires a comprehensive set of documents, including:
- Valid passport and previous BRPs
- Marriage or civil partnership certificate
- English language test certificate (CEFR B1 or above)
- Life in the UK Test certificate
- Financial documents (payslips, bank statements, employer letters)
- Evidence of cohabitation (joint utility bills, council tax, tenancy agreements)
- Proof of the partner’s settled or British status
- Travel history, including dates and duration of trips
Any document that is not in English or Welsh has to be translated by a professional translator. We at ISUK ensure that all your document formatting and deadline requirements are met by the Home Office when we submit them on your behalf.
You must demonstrate that you are financially secure and that you will not utilize public funds. The lowest salary that is accepted annually is:
- £18,600 (if no children)
- £22,400 (if there is one child)
- And for each extra child, an additional £2,400
Indefinite Leave to Remain (ILR) is a document that confirms the holder has the right to live in the UK without requiring a visa. Due to the removal of the time limitation, they can reside, work, and study in the UK without needing to apply for any visas.
ILR holders have:
- The freedom to work in any occupation without a sponsor
- Unlimited access to UK educational institutions
- Health care and certain social benefits
- The freedom to come and go as they please without losing status (except in the case of a long absence of more than 2 years)
For the spouses of British nationals or ILR holders, this document represents the most significant stage in the process of their integration. Most people can apply for British citizenship if they have been given ILR status for 12 months.
ILR is the representative of permanent residency, allowing one to plan a family life, pursue a career, and even own real estate in the UK. At ISUK, we are the ones who can partner with families to help them reach this significant milestone.
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- Applying too early or too late (outside the 28-day window)
- Omitting financial documents or providing inconsistent numbers
- Employing expired English or Life in the UK certificates
- Insufficient evidence of cohabitation
- Not disclosing travel absences or legal problems
Minor errors can have adverse effects, such as delays or the rejection of applications. At ISUK, we conduct a pre-submission audit to ensure a mistake-free application and a strong submission.
Feature | ILR | British Citizenship |
Immigration Status | Permanent Residence | Full Citizenship |
Passport Eligibility | No | Yes |
Voting Rights | No | Yes |
Travel Flexibility | Cannot stay abroad 2+ years | No such restriction |
Public Benefits | Some | Full Access |
Further Steps | Can apply for citizenship | Final stage |
ILR provides continuity in the UK, while citizenship grants you full rights, including a British passport and voting rights.
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What We Offer
Our Services
we understand that immigrating to a new country is a significant
decision that comes with its own set of challenges.
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Other work visas and permits
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Work for an overseas employer
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Accepted Financial Documents for Spouse ILR
Depending on your income source, provide:
- 6 months’ payslips and matching bank statements
- Letter from employer confirming employment
- SA302 and tax overview (self-employed)
- Pension statements
- Rental agreements or dividend vouchers
- Cash savings account statements showing funds held for 6+ months
ISUK helps in organising these documents according to UKVI standards.
FAQ
Frequently Asked Questions
When can I apply for ILR?
Up to 28 days before completing 5 years on a spouse visa.
What is the current fee for ILR?
£2,885 as of 2025.
Is English language proof required?
Yes, the CEFR B1 speaking and listening test is required, unless you are exempt.
Can I apply if my relationship has ended?
Not unless due to domestic violence or bereavement.
What if I fail the Life in the UK Test?
You must retake and pass before applying.
Can I work while waiting for a decision?
Yes, if your previous visa allows it.
Do I need to hire a solicitor?
No, but it is still preferable.
What is the processing time?
Typical: up to 6 months. Priority: shorter time.
Will my children be included?
They should apply separately unless they were born in the UK.
What is the next step after obtaining ILR?
After 12 months, you have the right to register as a British citizen.
