For many families, indefinite leave to remain as a spouse or partner of a British citizen is the key step between temporary permission and permanent residence in the UK. If granted, it removes the immigration time limit on the applicant’s stay and allows them to live, work and study in the UK without a visa expiry date. It can also open the way to British citizenship later.
In most current cases, this application is made after 5 continuous years in the UK on a spouse/partner visa. That is the standard route used by spouses, civil partners and, in some cases, unmarried partners. The rules are detailed, however, and the application is not just a formality at the end of the five-year period. The Home Office still expects evidence about the relationship, residence, finances, English language, knowledge of life in the UK and suitability.
Table of contents
- What does ILR mean for a spouse or partner of a British citizen?
- Who can apply?
- Check your route before you apply
- ILR requirements on the 5-year spouse or partner route
- ILR document checklist for spouses and partners
- How to apply for Indefinite Leave to Remain as a spouse
- Fees and processing times
- Including children in a spouse or partner ILR application
- Common reasons spouse ILR applications go wrong
- What if you are not ready for ILR yet?
- What happens after ILR?
- Why choose Sterling Law?
- FAQ
What does ILR mean for a spouse or partner of a British citizen?
ILR is the point at which a person on the family route becomes settled in the UK. ILR is the way a person settles in the UK and states that it gives the right to live, work and study in the UK for as long as they like, and to apply for benefits if they are eligible. It is also a status that can later support a British citizenship application.
For a spouse or partner of a British citizen, ILR is normally the next major stage after the partner visa and any required extension. Most applicants first enter the route with temporary leave, then extend, and then apply for settlement once they reach the required continuous residence period.
Who can apply?
You may be able to apply if you have a family visa as a partner or spouse and your partner is settled in the UK, including where the partner is a British citizen. The rules also cover civil partners and people in a relationship similar to marriage or civil partnership, provided the relationship meets the legal definition for the route.
The formal relationship categories recognised under the partner route include:
- husband or wife
- civil partner
- unmarried partner in a durable relationship that meets the route requirements
The same settlement framework usually also applies where the sponsor is otherwise settled in the UK with indefinite leave to remain.
Check your route before you apply
One of the most useful points in the current guidance is that the eligibility criteria differ depending on whether the applicant is on the 5-year route or the 10-year route.
Settlement routes for Spouse visa holders
|
Route |
Usual position |
| 5-year route | Standard current family route for most spouse/partner cases |
| 10-year route | Usually human-rights based family route |
The 5-year route
For most applicants, the relevant route is the 5-year route. A person on this route must have been living in the UK on their family visa as a partner for 5 continuous years. This is the normal path for spouses and partners who have met the Immigration Rules at each stage of their permission.
The 10-year route
The 10-year route applies where a person is on the family route but not on the standard 5-year settlement path. Someone on the 10-year route must have been living in the UK for at least 10 continuous years and can include time spent on other visas that lead to ILR, although time spent as a fiancé, fiancée or proposed civil partner does not count.
For this article, the main focus is the 5-year spouse or partner route, because that is the ordinary path for a spouse or partner of a British citizen.
ILR requirements on the 5-year spouse or partner route
Requirement 1: you must be in the UK with valid leave as a partner
For settlement after a 5-year qualifying period, the applicant must be in the UK with valid leave to remain as a partner. In other words, this is not a route for a person whose current permission is based on some unrelated category. Their current permission must already be on the partner route.
Not to wait until the current visa expires. If the current visa will expire before the person becomes eligible for ILR, they must renew it first. That point is important because some applicants assume they should simply wait until expiry and file for settlement then, but the rules are tied to eligibility and valid leave, not just to the visa end date.
Requirement 2: you must have completed the required residence period
The applicant must have been living in the UK on a family visa as a partner for 5 continuous years. Time spent in the UK on any other visa cannot be counted, and time spent as a fiancé, fiancée or proposed civil partner cannot be counted either.
Requirement 3: the relationship must still be genuine and ongoing
The applicant’s current visa must be based on their relationship with their partner and they must:
- have lived together since they last renewed their visa
- intend to continue the relationship after they apply
In any application for indefinite leave to remain as a partner, the applicant must provide evidence that since entry clearance as a partner was granted, or since the last grant of leave as a partner, the couple have lived together in the UK. This is one of the most important settlement-stage requirements and one of the main reasons relationship evidence must be updated for ILR rather than copied from the original spouse visa application.
For many couples, the relationship stage of ILR feels easier than the financial stage because they are already married and living together. In practice, however, the Home Office still expects evidence that the relationship remains genuine and that cohabitation has continued through the relevant period. The applicant should therefore be ready to produce current and historical records showing the shared address and ongoing relationship.
Requirement 4: the financial requirement must still be met
The applicant and partner need to prove that their combined income meets the relevant requirement. The amount depends on whether the sponsor receives certain disability or carer’s benefits and when the current family route first began.
If the sponsor receives specified disability-related or carer’s benefits, the case is assessed under the adequate maintenance rule rather than the standard minimum income rule. In these cases, the focus is on whether the family has enough money to house and support themselves and any children without relying on additional public funds.
For most applicants whose family route began on or after 11 April 2024, the current minimum income requirement at settlement stage is £29,000. For applicants whose first successful family visa application as a partner was before 11 April 2024, the lower threshold of £18,600 remains in place, plus supplements for older children (where applicable), up to a maximum of £29,000.
|
Route position |
Financial rule |
| 5-year route, first family visa on or after 11 April 2024 | Usually £29,000 combined income |
| 5-year route, first family visa before 11 April 2024 | Usually £18,600, with older child additions where relevant, capped at £29,000 |
| 5-year route where sponsor gets specified disability/carer’s benefits | Adequate maintenance |
Because the financial requirement at ILR is still based on the family route, the applicant must usually prove income in the same way as before, using the permitted financial categories and the specified evidence rules. In real terms, that means settlement can still fail if the income is there, but the documents are in the wrong category or the required supporting evidence is missing.
Requirement 5: English language and Life in the UK
Applicants aged 18 to 64 will need to:
- book and pass the Life in the UK Test
- meet the English language requirement by having a recognised English qualification with at least level B1 in speaking and listening or a degree taught or researched in English
The Life in the UK Test is booked online, currently costs £50, and consists of 24 questions to be answered in 45 minutes. This is a separate requirement from English language evidence, and both must normally be met unless an exemption applies.
People are generally exempt from the Knowledge of Language and Life requirement where they are under 18, 65 or over, or where, because of the applicant’s mental or physical condition, it would be unreasonable to expect them to meet one or both parts of the requirement. It also allows a waiver in light of special circumstances in an individual case.
Requirement 6: suitability
The Home Office can refuse settlement where there are suitability issues, such as serious character, conduct, compliance or deception concerns under the relevant framework.
ILR document checklist for spouses and partners
|
Category |
Examples often needed |
| Identity | Current passport, previous passports, BRP if still used, eVisa details where relevant |
| Relationship | Marriage or civil partnership certificate, evidence of ongoing relationship |
| Cohabitation | Joint bills, council tax, bank statements, tenancy or mortgage records, official letters showing the same address |
| Sponsor status | Proof the sponsor is a British citizen or otherwise settled in the UK |
| Finance | Payslips, employer letter, bank statements, self-employment or savings evidence depending on category |
| Accommodation | Tenancy agreement, mortgage statement, property documents, landlord letter where relevant |
| English | Approved English evidence at the required level, or qualifying degree evidence |
| Life in the UK | Unique reference number from the test |
| Children | Birth certificates, immigration status documents and dependency evidence where relevant |
Relationship and cohabitation evidence
In spouse visa ILR cases, relationship evidence should usually show not only that the relationship still exists, but also that the couple have continued living together since the last grant of leave. This is one reason why the evidence should cover the period since the last renewal, not just the weeks immediately before filing.
Examples often used in practice include:
- joint or individual bank statements showing the same address
- council tax bills
- utility bills
- tenancy agreements or mortgage documents
- GP, dentist or other official letters showing the same address
- evidence about children living with the family, where relevant
Financial evidence
The precise financial documents depend on the route used to meet the requirement. Salary-based cases usually rely on payslips, matching bank statements and an employer letter. Savings cases, self-employment cases and benefit-based cases all require different evidence.
English and Life in the UK evidence
Evidence for the Life in the UK Test is the unique reference number issued to the applicant by the provider. Evidence for English speaking and listening is the unique reference number assigned by the English test provider, where that route is used. Where a degree or another recognised route is relied on, the applicant must provide the specified documents for that route.
How to apply for Indefinite Leave to Remain as a spouse
Applicants must apply online using form SET(M) if they are already in the UK as the partner of a person settled in the UK and wish to apply for settlement.
The earliest a partner can apply is 28 days before they meet the required period of time in the UK, and the application may be refused if submitted earlier. Not to wait until the current visa expires, because if the visa expires before the person can apply for ILR, they will need to renew it first.
After the application is submitted, each applicant must provide biometric information. There is no separate fee for providing fingerprints and a photo in connection with the ILR application itself.
Fees & processing times
Indefinite leave to remain for spouse visa holders costs £3,029 per person. A standard application usually receives a decision within 6 months.
The applicant must not travel outside the UK, Ireland, the Channel Islands or the Isle of Man while the application is pending, because the application will be treated as withdrawn if they do. This point is often overlooked, especially by people who are used to travelling freely while holding temporary leave.
A faster decision may also be available. Applicants in the UK may be able to pay an extra £1,000 for the super priority service.
Including children in a spouse or partner ILR application
If the applicant is on the 5-year route, they can include their children on the application if the children are eligible. The rules are different depending on whether the child is under or over 18.
Children under 18 can be added if they have permission in the UK as a dependant on the family visa, will continue to live with and be supported by the parent without public funds, and are not married, in a civil partnership or living an independent life.
Children aged 18 and over must have had permission to be in the UK as a dependant on the family visa before they turned 18, must still not be living an independent life, and must also pass the Life in the UK Test and meet the English language requirements.
For applicants on the 10-year route, children cannot be included in the same ILR application and may need to apply separately if eligible.
Common reasons spouse ILR applications go wrong
Frequent problems include:
- applying too early, before the qualifying period is complete
- assuming time as a fiancé or on another visa counts toward the five years
- failing to show continued cohabitation since the last grant of leave
- using the wrong financial threshold, especially in pre- and post-11 April 2024 cases
- weak or incomplete financial evidence
- not having the Life in the UK Test ready
- relying on the wrong English evidence or an outdated assumption about the level required
- overlooking suitability issues or previous immigration problems
A further difficulty is that many people only realise at a late stage that they are not yet ready to file. For example, they may be missing the Life in the UK Test, they may not have the right English evidence, or they may still need time to collect cohabitation records.
What if you are not ready for ILR yet?
If the applicant otherwise qualifies for settlement as a partner but has not demonstrated sufficient knowledge of the English language or about life in the UK, they will be granted further limited leave to remain as a partner for a period not exceeding 30 months, subject to a no recourse to public funds condition.
That does not mean it is always sensible to rely on this outcome. A further grant means more delay, another immigration cycle and more cost. Still, it is an important rule because it can prevent a person from losing their route entirely where the only missing element is English or the Life in the UK Test.
What happens after ILR?
Once ILR is granted, the person becomes settled in the UK and can live, work and study here without a time limit. ILR can be used to apply for British citizenship later.
A person married to or in a civil partnership with a British citizen can apply for British citizenship as soon as they have ILR, provided they meet the other nationality requirements, including the residence rules. They do not need to wait the usual additional 12 months that most other applicants with ILR must wait.
That does not mean citizenship is automatic. The nationality application has its own residence, presence and good-character requirements. Still, for many families, ILR is the final immigration step before naturalisation. That is one reason why getting the settlement application right matters so much.
Why choose Sterling Law?
At Sterling Law, we understand that a settlement as a spouse or partner is not just another visa form. For most couples, it is the point at which years of temporary status are supposed to turn into long-term security. That is exactly why the application deserves careful preparation. Even where the relationship is genuine and the five-year period is complete, problems can still arise around cohabitation evidence, the financial threshold, English language proof, the Life in the UK Test, or the timing of the application itself.
We approach spouse and partner ILR cases by looking at the legal route first and the paperwork second. That means checking the correct settlement route, confirming whether the case falls under the current £29,000 threshold or transitional rules, reviewing the relationship evidence from the most recent grant onward, and making sure that the application addresses the exact requirements the Home Office will apply.
Sterling Law’s immigration team has extensive experience in partner and settlement cases and offers support with consultation, document review, application preparation and case strategy. For clients, the real value is often in avoiding preventable problems before the application is filed, rather than trying to fix them later after a refusal or delay. If you are planning to apply for ILR as the spouse or partner of a British citizen, contact us for tailored advice on your route, documents and next steps.
Frequently Asked Questions
Can I apply for ILR if my partner is a British citizen?
Yes, if you have a family visa as a partner or spouse and your partner is settled in the UK, including where they are a British citizen, you may be able to apply under the partner family settlement route.
How long do I need to live in the UK before applying?
On the standard 5-year family route, you must have been living in the UK on your family visa as a partner for 5 continuous years. Time spent on another visa, or as a fiancé, fiancée or proposed civil partner, does not count.
When is the earliest I can apply?
The earliest point is 28 days before you meet the required period of time in the UK. Applying earlier can lead to refusal.
Do I need to prove we still live together?
Yes. You must have lived together since you last renewed your visa and intend to continue the relationship after you apply.
What is the current financial requirement for ILR as a spouse?
For most applicants whose family route began on or after 11 April 2024, the standard threshold is £29,000. If the family route began before that date and the same partner continues, transitional rules can preserve the lower £18,600 threshold plus the older child additions where relevant, capped at £29,000.
What English level do I need for settlement?
Spouse and partner ILR applicants aged 18 to 64 need English at B1 in speaking and listening, unless exempt.
Do I need the Life in the UK Test?
Yes, in most cases, if you are aged 18 to 64.
How much does the Life in the UK Test cost?
The current fee is £50. The test is booked online, consists of 24 questions, and lasts 45 minutes.
How much does the ILR application cost?
The current ILR fee is £3,029 per person.
How long does it take to get a decision?
Using the standard service, you will usually get a decision within 6 months. A faster decision may be available for an extra fee if premium services are offered at the time you apply.
Can I travel while my ILR application is pending?
No, not safely. You must not travel outside the UK, Ireland, the Channel Islands or the Isle of Man while waiting for a decision, because the application will be treated as withdrawn if you do.
Can I include my children in the application?
Yes, if you are on the 5-year route and the children are eligible.
Can I apply for British citizenship straight after ILR if my spouse is British?
Often, yes. A person married to or in a civil partnership with a British citizen does not need to wait 12 months after getting ILR, provided the other naturalisation requirements are met.
