Spouse Visa to Indefinite Leave to Remain (ILR) in the UK

If you are not British, you can gain the right to remain in the UK permanently by marrying a British citizen, Irish citizen, or a person who has settled status in the UK and successfully being granted a Spouse Visa.

Once you live in the UK with your spouse or partner, you can make your position more permanent.

A Spouse Visa allows you to apply for Indefinite Leave to Remain (ILR), which allows you to settle permanently in the UK without the restrictions of any immigration rules as long as you meet the criteria.

The initial grant of leave for a Spouse Visa is two and a half years in the UK. When this time has ended, you may wish to extend your Spouse Visa for another two and a half years if you continue to meet the Home Office requirements set out by the Home Office.

At the end of this extension, you will be eligible to apply for Indefinite Leave to Remain (ILR). You should make sure you apply for ILR before your Spouse Visa expires.

Page Contents

• Applying for Indefinite Leave to Remain as a Spouse
• What are the Requirements to Apply for ILR on a Spouse Visa?
• What is the Genuine Relationship Requirement for ILR Status?
• What is the ILR UK Spouse Visa Financial Requirement?
• Can I Have Absences from the UK for the ILR Spouse Visa Application?
• What are the Accommodation Requirements for ILR?
• What are the English Language Requirements for ILR Spouse Visa UK?
• ILR Application Process as a Spouse
• What is the Life in the UK Test?
• How Much Does it Cost to Submit an ILR Application in the UK?
• Can ILR Status after a Spouse Visa Lead to British Citizenship?
• What is the Processing Time for Indefinite Leave to Remain in the UK?
• What Documents are Required to Apply for ILR as a Spouse in UK?
• What if My ILR Application is Rejected?
• How can London Immigration Lawyers Help?
• Frequently Asked Questions

The Indefinite Leave to Remain UK spouse requirements after you have been on a Spouse Visa differ depending on whether you are on a five- or ten-year route or the Spouse Visa route due to being given ILR. However, the main requirements are generally similar.

To be eligible to apply for Indefinite Leave to Remain after 5 years spouse, while you have pre-settled status with a Spouse Visa under the five-year route, you must:

• still be in a genuine and subsisting relationship with your partner or spouse
• be able to meet the financial requirements
• demonstrate that you and your spouse/partner have suitable accommodation for your family in the UK
• have had Leave to Remain as a partner for at least 60 months or five years
• meet the English and Life in the UK test requirements

When applying for a Spouse Visa, you and your partner must prove that you and your civil partner are in a genuine and subsisting relationship.

After you have finished your eligible period on a Spouse Visa and you are now looking to move to ILR status, the Home Office will check your personal circumstances again before giving you Indefinite Leave to Remain.

This means that you must show that you reside with your partner and prove that your relationship is still genuine and subsisting.

There are several ways you can prove a genuine relationship in support of an ILR UK Spouse Visa, including:

• living together
• showing you have been in a long-term relationship – including marriage or civil partnership or social media posts
• having children
• shared financial circumstances
• future plans together

To obtain ILR in the UK on a Spouse Visa, you and your partner must prove you have a combined income of at least £29,000 a year. You can also prove you meet the financial requirements in cash savings.

To meet the minimum income threshold for the Spouse Visa to ILR route, you can demonstrate the ILR financial requirements via:

• any income from employment and self-employment
• cash savings over £88,500 that you have had for at least six months, depending on your circumstances
• non-employment income, including income from property rental, shares, stocks and investments
• maternity allowances or other benefits you receive in the UK

There is no specific number of maximum absences when applying for Indefinite Leave to Remain on a Spouse Visa.

However, if you are applying to settle permanently in the UK from any other point-based visa, your absences from the UK should not be more than 180 days in any 12-month period.

It is important to note that if you have spent most of your time abroad, the Home Office may think your case is not genuine and may refuse it.

The necessary accommodation requirement for gaining Indefinite Leave to Remain from a Spouse Visa is similar to the initial partner visa application.

This means that you and your family member or your spouse/partner (a British or Irish citizen) need to prove that you have proper accommodation available for you and your whole family.

Your house must not go against “public health regulations”, and it needs to have plenty of rooms for all your family members. For accommodation, indefinite leave to remain proof can be floor plans or an advertisement link.

One requirement for the Indefinite Leave to Remain as a Spouse Visa holder is that you must be able to demonstrate your knowledge of the English language by taking an English language test to at least level B1.

You can take any of the following tests:

• Integrated Skill in English test
• IELTS Life Skills certificate
• IELTS certificate
• Graded examinations in Spoken English

As part of your Spouse Visa ILR application, you need to provide a test pass certificate with your documentation.

You may not need to do this language test if you are from a majority English-speaking country.

There are several different Indefinite Leave to Remain application processes which vary depending on which route you are taking to settle in the UK.

You can apply for ILR as a spouse or civil partner of a settled person/British citizen by completing an online form SET(M).

This should be completed and submitted alongside your supporting documents and any other relevant information for your application.

As well as this, the Home Office will also assess your criminal and immigration history. If you have any unspent convictions or convictions of four years or more this may jepardise your claim, as well as if you have a history of any immigration rules or breaches.

Another requirement for ILR is passing the Life in the UK test.

The Life in the UK test is a test that consists of questions about British life and customs. The test candidate is required to score at least 75% to be graded with a UK test pass.

If you take the test and pass, you will be issued with a pass certificate which will support your ILR application.

The fee for completing an ILR application as a Spouse Visa holder in the UK is £3,226 per applicant. In addition to this, it costs £50 to sit the Life in the UK test.

If your ILR application is rejected or if you fail the Life in the UK test, you will not be refunded for either.

If you need a faster decision to be made on your ILR application, you can opt for a super-priority service, which speeds up the application process. There is an additional cost for this at £1000 per ILR application submitted.

ILR status can act as the ideal stepping stone to obtaining British citizenship. Becoming a British citizen allows you to live freely without immigration control, just like ILR. It also means you can apply for a British passport.

Becoming a British citizen by gaining British citizenship comes with its own eligibility criteria, which should be checked carefully before applying.

For help with understanding the process for British citizenship, contact London Immigration Lawyers today at 0204 502 8582.

The usual processing time for an Indefinite Leave to Remain application is 6 months.

If you do not want to wait this long, you can opt for a quicker decision using the application priority service. This comes at an additional cost of £500.

This 6-month timescale is an estimate, and the application process can often be faster if you have a straightforward case.

In more complex immigration cases, UK Visas and Immigration (UKVI) may need to contact you for additional evidence or documentation. If this is needed, you should ensure you present the requested documents promptly to avoid delays.

Failure to reply can cause your Indefinite Leave to Remain application to be rejected completely.

Failure to provide the necessary documents can cause your application to be immediately rejected. The documents required include:

• a passport or other valid travel document
• information explaining any absences from the UK
• proof of your passed English language test
• a test evidence pass certificate from the Life in the UK test
• a Biometric Residence Permit (only if you were given one)
• accommodation details with the same address as partner
• completed indefinite leave to remain application form for Spouse (Set M)
• marriage certificate
• proof of minimum income requirement

All of the documents provided should be original copies and not photocopies. If they aren’t already, your documents must be translated into English or Welsh for the Home Office.

Having your ILR application rejected can be devasting, but it is essential to know that you can respond to this.

If your ILR gets refused, you can submit a new ILR application that addresses all the grounds for refusal. This allows the Home Office to reconsider your application through this enquiry form.

There are several common grounds for refusal, such as excessive absences, immigration breaches, criminal convictions, failure to disclose debt, failing the English language test, or any other adverse behaviour.

Seek immigration advice from our specialist lawyers or an immigration adviser at London Immigration Lawyers on 0204 502 8582 for help with your rejected application. A UK visa immigration lawyer can help you navigate this entire process.