How to Apply for ILR as a Spouse: Your Complete UK Guide

Reaching the five-year mark on your spouse visa is a significant milestone. It means you’re finally eligible to apply for indefinite leave to remain (ILR) in the UK, transitioning from temporary permission to permanent settlement. But the application process itself can feel overwhelming, especially when you’re juggling strict requirements, tight deadlines, and mountains of paperwork.

This guide walks you through everything you need to know about applying for ILR as a spouse, from eligibility requirements to the application process, fees, and what happens after approval. Whether you’re on the 5-year route or considering the 10-year option, we’ll help you understand exactly what’s required.

Our experienced UK spouse visa solicitors are here to help with all types of UK spouse visa applications from inside and outside the UK. Call us today on 01614644140 to speak with our UK spouse visa solicitors or book an appointment online for a confidential consultation.

What is ILR for Spouse Visa Holders?

Indefinite leave to remain is the UK’s version of permanent residence. Once granted, it allows you to live, work, and study in the UK without any immigration time limits. You’ll no longer need to renew your visa every few years or worry about maintaining specific visa conditions.

For spouse visa holders, ILR represents the final step before you can apply for British citizenship. It removes the restrictions that come with temporary leave and gives you access to public funds and services previously unavailable. Importantly, ILR doesn’t expire, although it can be lost if you spend more than two consecutive years outside the UK.

The route to ILR for spouses is governed by Appendix FM of the Immigration Rules, which sets out the detailed requirements you must meet.

When Can You Apply for ILR as a Spouse?

Timing is everything when it comes to your ILR application. Apply too early, and you risk refusal. Apply too late, and you might be classified as an overstayer, which would almost certainly result in rejection.

The 5-Year Route

If you’ve been in the UK on a spouse visa for five years, you can apply for ILR as a spouse up to 28 days before completing the full 60-month qualifying period. Your qualifying time starts from the date you were first granted your spouse visa—either when you entered the UK (if you applied from abroad) or when your visa was approved (if you applied from within the UK).

It’s crucial to submit your application before your current spouse visa expires. If you wait until after it expires, you’ll be considered an overstayer, and this will lead to refusal and potentially affect future immigration applications.

The 10-Year Route

Some spouse visa holders may be on what’s called the 10-year route to settlement. This typically applies if you didn’t meet all the requirements for the 5-year route (such as the financial requirement) but were granted leave under exceptional circumstances or on human rights grounds.

Under the 10-year route, you can apply for ILR after completing 10 years of continuous residence in the UK. The good news is that any time spent on the 5-year route can count towards this 10-year period.

ILR as a Spouse Requirements (5-Year Route)

To qualify for ILR as a spouse under the 5-year route, you need to meet several key requirements. Let’s break them down.

Residence Requirement

You must have completed 60 months (five years) of continuous residence in the UK as the spouse or partner of a British citizen or someone with settled status. Time spent on other visa types or with different partners cannot be included in this calculation.

Interestingly, unlike many other ILR routes, there’s no strict 180-day absence limit for spouse visa holders. However, you still need to demonstrate that you’ve always intended to live permanently in the UK with your partner. If you’ve spent lengthy periods abroad, you’ll need to show these were for good reasons—such as work commitments, family emergencies, or holidays—and that they’re consistent with your intention to make the UK your permanent home.

The Home Office guidance makes it clear that limited absences are acceptable, but they must be justified and shouldn’t undermine your claim that you genuinely live together in the UK.

Relationship Requirements

Your relationship must be genuine and subsisting. This means you’re still together with the same partner who sponsored your original spouse visa, and you’ve lived together continuously since your last visa renewal.

Your partner must still be either:

• A British citizen
• A person with ILR or settled status
• A refugee or person with humanitarian protection

You’ll need to provide evidence of cohabitation, such as joint bank statements, utility bills in both names, council tax bills, rental agreements, or mortgage statements covering at least the last 2.5 years.

Financial Requirement for ILR

The financial requirement for ILR as a spouse depends on when you first made your spouse visa application.

If you applied before 11 April 2024, you’ll continue to be assessed against the £18,600 annual income threshold under transitional provisions. However, if you applied on or after 11 April 2024, you’ll need to meet the new £29,000 threshold.

You can meet this requirement through:

• Employment income (yours and/or your partner’s)
• Self-employment income
• Cash savings above £16,000
• Non-employment income (rental income, dividends, pensions)
• A combination of the above

If you’re relying solely on savings, you’ll need £88,500 in total. If you’re combining savings with income to make up a shortfall, you can use the formula: (income shortfall × 2.5) + £16,000.

For example, if your combined income is £25,000 per year, you’re £4,000 short of the £29,000 requirement. Multiply that £4,000 by 2.5 to get £10,000, then add £16,000 = £26,000 in savings needed.

Some applicants are exempt from the standard financial requirement if their partner receives certain disability-related benefits. In these cases, you only need to show “adequate maintenance” rather than a specific income figure.

Accommodation Requirement

You must show that you and your family have adequate accommodation in the UK without relying on public funds. The property must:

• Be owned or rented by you and your partner
• Not be overcrowded according to Housing Act 1985 standards
• Meet public health regulations
• Be occupied exclusively by your household

This can be evidenced through tenancy agreements, mortgage statements, or letters from landlords.

English Language Requirement

Unless you’re exempt, you’ll need to prove your English language ability at CEFR Level B1 or higher in speaking and listening. You can do this by:

• Passing an approved English language test from a UKVI-recognised provider
• Holding a degree taught or researched in English (equivalent to a UK bachelor’s degree or higher)
• Being a national of a majority English-speaking country

Exemptions apply if you’re under 18, over 65, or have a physical or mental condition that prevents you from meeting this requirement.

Life in the UK Test

You must pass the Life in the UK test, a multiple-choice exam covering British history, values, culture, and customs. The test is taken at approved centres across the UK, and you’ll receive a pass notification which you’ll need to include with your ILR application.

There are plenty of study materials available online and in bookshops to help you prepare. The same exemptions that apply to the English language requirement also apply here.

ILR Spouse Visa 10-Year Route

The 10-year route to ILR exists for those who didn’t initially meet all the requirements of the 5-year route but were granted leave on human rights or exceptional grounds.

The key differences are:

• No financial requirement: You don’t need to meet the £18,600 or £29,000 income threshold
• Longer qualifying period: You need 10 years of continuous residence
• Combined time counts: Any time spent on the 5-year route can be added to the 10-year calculation

You’ll still need to meet the relationship, accommodation, English language, and Life in the UK test requirements.

How to Apply for ILR as a Spouse

Application Process Step-by-Step

• Complete Form SET(M) online via the GOV.UK website
• Pay the application fee (£3,226 as of April 2026, plus biometric fees where applicable)
• Book your UKVCAS appointment for biometrics and document scanning
• Upload supporting documents through your UKVCAS account
• Attend your biometrics appointment with your passport, BRP, and appointment confirmation
• Wait for a decision – standard processing takes up to 6 months

Required Documents

Your document checklist will typically include:

• Current passport and biometric residence permit (BRP)
• Partner’s passport or proof of British citizenship/settled status
• Cohabitation evidence (bills, statements, tenancy/mortgage documents)
• Financial evidence meeting Appendix FM-SE requirements
• Proof of adequate accommodation
• English language qualification certificate
• Life in the UK test pass notification
• Evidence of any absences from the UK (employer letters, travel documents)

All documents not in English or Welsh must be accompanied by certified translations.

Application Fees and Processing Times

The ILR application fee is £3,226 per person, plus biometric enrolment fees (typically included in the total or paid at the appointment centre). If you’re including dependent children, each child pays the full fee.

Standard processing can take up to 6 months. However, you can pay for faster services:

• Super Priority Service (£1,000 extra): decision by the next working day

Note that Super Priority is only available for the 5-year route applications, not the 10-year route.

Common Reasons for ILR Refusal

Even straightforward cases can be refused if you make mistakes. Common reasons include:

• Applying too early or too late – Missing the 28-day window or applying after visa expiry
• Insufficient financial evidence – Not providing the correct documents or failing to meet the threshold
• Relationship doubts – Inadequate evidence of genuine cohabitation
• Missing English language or Life in the UK requirements
• Suitability concerns – Criminal convictions, deception, or immigration breaches

Working with experienced UK Spouse Visa Solicitors can help you avoid these pitfalls and ensure your application is complete and compliant.

After ILR Approval: Path to British Citizenship

Once your ILR is granted, you’ll receive a biometric residence permit (or increasingly, a digital eVisa) confirming your settled status. You can now live, work, and study in the UK indefinitely.

If you’re married to a British citizen, you can apply for naturalisation immediately after receiving ILR. You don’t need to wait 12 months like other ILR holders. However, you’ll still need to meet other citizenship requirements, including:

• No more than 270 days abroad in the previous 3 years
• No more than 90 days abroad in the last 12 months
• Good character
• Continued English language and Life in the UK test compliance

FAQs About ILR as a Spouse