Apply for ILR as a Spouse

If you are on a spouse visa (5-year route), you can apply for Indefinite Leave to Remain (ILR) after completing five years of continuous residence, with leave to remain granted under the spouse visa (5-year route). When applying for ILR as a spouse under the 5-year route, any time previously spent under the 10-year route cannot be counted towards the ILR qualifying period of 5 years to apply for ILR as a spouse (5-year route).

An application for ILR as a spouse (5 years route) can be submitted to the Home Office UKVI 28 days before completing the 5 years residence in the UK under a spouse visa (5 years route)

If you are on a spouse visa (10-year route), you can apply for Indefinite Leave to Remain (ILR) after completing 10 years of continuous residence with leave to remain granted under the spouse visa (10-year route). When calculating 10 years to apply for ILR under a spouse visa (10-year route), any time previously spent under the spouse visa 5 years route can also be counted towards the qualifying period of 10 years.

An application for ILR as a spouse (10 years route) can be submitted to the Home Office UKVI 28 days before completing the 10 years residence in the UK under a spouse visa category.

Yes, you can apply for ILR as a spouse (5 years route) through Super Priority Service to get a decision on your ILR application within 24 hours. 

No, you cannot submit your ILR application as a spouse (10 years route) through Super Priority Service, and the only option available for such application is the standard service. 

As an alternative, you may have an option to apply for ILR based on 10 years long residence using application form SET (LR) and submit such application through Super Priority Service to get a decision on your ILR application within 24 hours. 

You can apply for ILR as a spouse (5 years route) by completing the application form SET (M) online. 

You can complete an application form online to apply for ILR as a spouse (10 years route). 

The requirements for Indefinite Leave to Remain (ILR) as a spouse (5 years route) include the following:

Valid Application: The applicant must submit a valid application for ILR as a spouse (5 years route) according to requirements set out in Appendix FM of the Immigration Rules;

5 years Residence: The applicant can apply for Indefinite Leave to remain 28 days before completing 5 years in the UK under a spouse visa (5 years route). The applicant must have completed the required qualifying period of 4 years 11 months and 2 days at the time of online submission of the application for ILR as a spouse (5 years route);

Immigration Status Requirement: The applicant must be currently in the UK under a spouse visa (5-year route) and should apply for ILR before the expiry of his/her current leave to remain as a spouse. 

Relationship requirement: The applicant must be the spouse of a person who is either a British Citizen, a person with ILR / settled status, an EU national with pre-settled status, a refugee / humanitarian protection status holder, a Turkish Businessperson visa holder, a Turkish Worker visa holder or a stateless person. The relationship of the applicant with the UK sponsor must be genuine and subsisting, and the appropriate evidence of genuineness and subsistence of marriage should be provided in support of the application for ILR as a spouse (5 years route);

Suitability requirement: The applicant should meet the suitability requirements as set out in Appendix FM to the Immigration Rules;

Financial requirement: Unless exempt, the applicant should meet the financial requirement of £18,600 for ILR as a spouse (5-year route). The financial requirement can be met through

• income of the applicant and/or UK sponsor from employment or self-employment; and/or
• savings of the applicant and/or the sponsor; or
• through the rental income of the applicant and/or the sponsor.

Accommodation requirement: The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family owns or occupy exclusively;

English language requirement: The applicant must meet the English language requirement to show that the applicant has English proficiency at CEFR level B1 as required by the UK Immigration Rules.

Life in the UK Test Requirement: The applicant must meet the Life in the UK test requirement.

The requirements for Indefinite Leave to Remain (ILR) as a spouse (10 years route) include the following:

Valid application: The applicant must submit a valid application for ILR as a spouse (10 years route) according to requirements set out in Appendix FM of the Immigration Rules;

10 Years Residence: The applicant can apply for Indefinite Leave to Remain (ILR) 28 days before completing 10 years in the UK under a spouse visa (10 years route). The applicant must have completed the required qualifying period of 9 years 11 months and 2 days at the time of online submission of the application for ILR as a spouse under 10 years route;

Immigration status requirement: The applicant must be currently in the UK under a spouse visa (10-year route) and should apply for ILR prior to the expiry of his/her current leave to remain as a spouse. 

Relationship requirement: The applicant must be the spouse of a person who is either a British Citizen, a person with ILR / settled status, an EU national with pre-settled status, a refugee / humanitarian protection status holder, a Turkish Businessperson visa holder, a Turkish Worker visa holder or a stateless person. The relationship of the applicant with the UK sponsor must be genuine and subsisting, and the appropriate evidence of genuineness and subsistence of marriage should be provided in support of the application for ILR as a spouse (10 years route);

Suitability Requirement: The applicant should meet the suitability requirements as set out in Appendix FM to the Immigration Rules.

English language requirement: The applicant must meet the English language requirement to show that the applicant has English proficiency at CEFR level B1 as required by the UK Immigration Rules.

Life in the UK Test Requirement: The applicant must meet the Life in the UK test requirement.

To apply for ILR as a spouse, you should take the following steps:

1. Complete the online application form for ILR as a spouse on the UKVI website;
2. Submit the completed ILR application online by paying the Home Office UKVI fees for the ILR application;
3. Book your biometrics appointments with the UKVCAS by creating an account on the UKVCAS web portal;
4. Upload all the supporting documents online before the biometrics enrolment appointment date;
5. Attend your biometrics enrolment appointment. You should take your BRP card, your passport and your biometrics appointment letter with you when you attend your biometrics appointment;
6. Wait for a decision on your ILR application, which will be made normally within 3 to 6 months if the application is made through standard service and within 24 hours if your ILR application is made through Super Priority Service.

The Home Office UKVI has introduced the transitional financial requirements for an applicant who made their first application as a fiancé(e), proposed civil partner, or as a partner before 11 April 2024 and who was granted permission as a fiancé(e), proposed civil partner or as a partner on the five-year route to settlement as a result of that application. According to paragraph E-LTRP.3.5 of Appendix FM of the Immigration Rules, a person who has permission as a partner on the five-year route to settlement, at the date of application, must meet the transitional financial requirement of income, which is £18,600 gross per year if they made an application for entry clearance or permission to stay as a fiancé(e), proposed civil partner or partner under Appendix FM before 11 April 2024, which was successful. Under the new rules, where the financial requirement exceeds £29,000 due to the number of children in the family, the applicant will only need to provide evidence of a gross annual income of £29,000.

The applicant must provide evidence that the gross annual income is at least equivalent to the income as given in the table below:

Where the applicant has to meet the minimum income threshold, the financial requirement can generally be met in the following 5 ways:

• Income from salaried or non-salaried employment of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category A or Category B, depending on the employment history.
• Non-employment income, e.g. income from property rental or dividends from shares. This is referred to as Category C.
• Cash savings of the applicant’s partner and/or the applicant, above £16,000, held by the partner and/or the applicant for at least 6 months and under their control. This is referred to as Category D.
• State (UK or foreign), occupational or private pension of the applicant’s partner and/or the applicant. This is referred to as Category E.
• Income from self-employment, and income as a director or employee of a specified limited company in the UK, of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category F or Category G, depending on which financial year(s) is or are being relied upon.

Where the applicant’s partner is in receipt of any of the following benefits or allowances in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold of £18,600 or above:

• Carer’s Allowance.
• Disability Living Allowance.
• Severe Disablement Allowance.
• Industrial Injuries Disablement Benefit.
• Attendance Allowance.
• Personal Independence Payment (PIP).
• Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
• Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.
• Police Injury Pension.

If the applicant’s partner is receiving one of the above benefits or allowances on behalf of their child, the applicant will be able to qualify by meeting the financial requirement through “adequate maintenance.” The evidence required to demonstrate that the applicant’s partner is in receipt of a specified benefit or allowance is specified in Appendix FM-SE.

The Home Office UKVI will use the following formula to determine whether you meet the adequate maintenance requirement for ILR as a spouse (5 years route):

A – B ≥ C (A minus B is greater than or equal to C)
Where:
A is the net income (after deduction of income tax and National Insurance contributions);
B is housing costs (Rent and Council Tax); and
C is the amount of Income Support an equivalent British family of that size can receive.

The applicant must meet the Life in the UK test and English language requirement unless the applicant is over the age of 65 or exempt from meeting such requirements due to health reasons.

To meet the English language requirement, the applicant must provide specified evidence that he/she:

1. is a national of a majority English-speaking country; or
2. has passed an English language test in speaking and listening at a minimum of level B1 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by the Home Office, UKVI; or
3. has an academic qualification recognised by UK Ecctis to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
4. is exempt from the English language requirement because at the date of application:
   • the applicant is aged 65 or over;
   • the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement. 

Yes, you do have to meet the English language requirement at CEFR level B1 in listening and speaking only and the Life in the UK test requirements for ILR as a spouse under the 10-year route. 

You may be able to re-apply for ILR as a spouse if the Home Office UKVI has refused your application for ILR as a spouse and you do not believe you can successfully appeal against the refusal of your ILR application. Any such fresh ILR application should meet the requirements set out in paragraph 39E of the Immigration Rules. Also, any such fresh ILR application should be made ideally through Super Priority Service for a decision on the ILR application within 24 hours.

If the Home Office UKVI has refused your application for ILR as a spouse and you have been given the right to appeal against the refusal decision, you should file an appeal with the First Tier Tribunal within 14 days of the refusal decision. The appeal against the refusal decision can be successful based on the grounds that the decision to refuse is not in accordance with rules or in contravention of your right to private and family life as envisaged under Article 8 of the European Convention on Human Rights (ECHR). An Immigration Judge at the First Tier Tribunal will hear and determine the appeal. Our specialist spouse visa solicitors can provide the required legal services to represent you in your spouse visa appeal to challenge the refusal decision.

You can apply for naturalisation as a British citizen as a spouse of a British Citizen immediately after the grant of Indefinite Leave to Remain (ILR) if you have been lawfully resident in the UK for at least three years preceding the date of application and were not absent from the UK for more than 270 days in last three years and not more than 90 days in last 12 months before the date of application for naturalisation as a British Citizen.

You do not have to wait for 12 months after the ILR grant date when applying for naturalisation as a spouse of a British Citizen. Our specialist team of spouse visa solicitors can provide immigration advice and legal services for your application for naturalisation as a spouse of a British Citizen after the grant of ILR as a spouse.

Yes, you can apply for ILR based on ten years long residence if you are currently in the UK with leave to remain as a spouse and you meet all the requirements for the grant of ILR based on 10 years long residence as per Appendix: Long Residence of the Immigration Rules. An application for ILR 10 years long residence by a person holding leave to remain as a spouse can be submitted through Super Priority Service to get a decision within 24 hours. 

The applicant will be refused indefinite leave to remain as a spouse on grounds of suitability if any of the paragraphs apply:

• The applicant is currently the subject of a deportation order.
• The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years.
• The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 4 years but at least 12 months, unless a period of 15 years has passed since the end of the sentence.
• The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence.
• The applicant has, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.
• The presence of the applicant in the UK is not conducive to the public good because, in the view of the Secretary of State, their offending has caused serious harm or they are a persistent offender who shows a particular disregard for the law.
• The applicant's presence in the UK is not conducive to the public good because their conduct (including convictions which do not fall within paragraphs S-ILR.1.3. to 1.6.), character, associations, or other reasons, make it undesirable to allow them to remain in the UK.
• The applicant has failed without reasonable excuse to comply with a requirement to-
  • attend an interview;
  • provide information;
  • provide physical data; or
  • undergo a medical examination or provide a medical report.
• The presence of the applicant in the UK is not conducive to the public good because the Secretary of State:
  • has made a decision under Article 1F of the Refugee Convention to exclude the person from the Refugee Convention or under paragraph 339D of these Rules to exclude them from humanitarian protection; or
  • has previously made a decision that they are a person to whom Article 33(2) of the Refugee Convention applies because there are reasonable grounds for regarding them as a danger to the security of the UK; or
  • considers that they are a person to whom sub-paragraph (a) or (b) would apply except that (i) the person has not made a protection claim, or (ii) the person made a protection claim which has already been finally determined without reference to Article 1F of the Refugee Convention or paragraph 339D of these Rules; or
  • has previously made a decision that they are a person to whom Article 33(2) of the Refugee Convention applies because, having been convicted by a final judgment of a particularly serious crime, they constitute a danger to the community of the UK.

When considering whether the applicant's presence in the UK is not conducive to the public good, any legal or practical reasons why the applicant cannot be removed from the UK must be ignored.

The applicant will normally be refused ILR as a spouse on grounds of suitability if any of the paragraphs apply:

• Whether or not to the applicant’s knowledge –
  • false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or
  • there has been a failure to disclose material facts in relation to the application.
• A maintenance and accommodation undertaking has been requested under paragraph 35 of these Rules and has not been provided.

The applicant may be refused on grounds of suitability if any of the paragraphs apply:

• The applicant has made false representations or failed to disclose any material fact in a previous application for entry clearance, leave to enter, leave to remain or a variation of leave, or in a previous human rights claim; or did so in order to obtain from the Secretary of State or a third party a document required to support such an application or claim (whether or not the application or claim was successful).
• The applicant has previously made false representations or failed to disclose material facts for the purpose of obtaining a document from the Secretary of State that indicates that he or she has a right to reside in the United Kingdom.
• The applicant has failed to pay litigation costs awarded to the Home Office.
• One or more relevant NHS bodies has notified the Secretary of State that the applicant has failed to pay charges in accordance with the relevant NHS regulations on charges to overseas visitors, and the outstanding charges total at least £500.

No, you do not have to meet the financial requirement of minimum income. There is no financial requirement to succeed in an application for ILR under a spouse visa (10-year route).

The main differences between the ILR spouse visa (5 years route) and the ILR spouse visa (10 years route) include the following:

Qualifying period for ILR: Under the spouse visa (5 years route), you can apply for ILR once you have spent 5 years in the UK under spouse visa (5 years route). Under the spouse visa (10 years route), you can apply for ILR when you have completed 10 years in the UK under spouse visa (10 years route), including any time spent previously under the spouse visa (5 years route). Any time spent under the (5-year route) can be combined with the spouse visa (10-year route) when calculating 10 years to qualify for ILR under the spouse visa (10-year route).

Financial Requirement: The ILR spouse visa (5-year route) requires the applicant to meet the financial requirement of earning £18,600 if the initial application under the spouse visa (5-year route) was made before 11 April 2024. Still, there is no financial or even adequate maintenance requirement for applying for ILR as a spouse (10-year route).

English Language and Life in the UK test Requirement: The ILR spouse visa (5 years route) requires the applicant to meet the Life in the UK test requirement and English language requirement in listening and speaking only, whereas the ILR as a spouse (10 years route) does not.

Paragraph EX1 Of Appendix FM: An applicant for ILR as a spouse (5 years route) does not have to meet the requirements of paragraph EX1 of Appendix FM of the Immigration Rules, whereas a person applying for ILR as a spouse (10 years route) must meet the requirements as set out in paragraph EX1 of Appendix FM of the Immigration Rules.

Our spouse visa solicitors charge a reasonable fixed fee to handle your application for ILR as a spouse. Our fixed fee covers all our work on your ILR application until the Home Office makes a decision.

You can check our fixed fee for your ILR application as a spouse by visiting our page - Our Fixed Fees For Family Visa Applications