Indefinite Leave to Remain in UK on Spouse Visa

If you’ve lived in the UK for five years on a spouse visa, your next step is Indefinite Leave to Remain (ILR). ILR removes visa renewals and gives you stability. After holding ILR for a year, you can even apply for British citizenship.

This guide breaks down eligibility, requirements, documents, processing times, and practical tips so you can apply confidently.

When Can You Apply for ILR?

To qualify for ILR on a spouse visa:

• You must have lived in the UK continuously for five years with your spouse.
  • Usually, this is 2.5 years on your initial spouse visa + 2.5 years on the extension.
• You can apply 28 days before reaching five years. Applying too early may cause refusal.
• Overstaying your visa can also lead to refusal and impact your immigration status.

Alternative route: If you’ve lived in the UK for 10 years on different visas (worker, student, partner), you may apply under the 10-year long residence route. Consult an immigration lawyer if this applies to ensure eligibility.

Official reference: GOV.UK – Indefinite Leave to Remain

Requirements:

To succeed, your application must meet these key areas:

1. Residence

• Lived in the UK for five years continuously with your spouse.
• Absences from the UK must not exceed 180 days in any 12-month period.

2. Relationship

• Your spouse is a British citizen or ILR holder.
• You still live together and intend to continue life together.
• Must show the relationship is genuine, not just for immigration purposes.

3. Financial

• Minimum income: £29,000 per year
• Income can include: salary, self-employment, cash savings, pensions, or rental income.
• Check GOV.UK family visa financial requirements for details.

4. Knowledge of Life in the UK

• Pass the Life in the UK test (unless you’re under 18, over 65, or medically exempt).

5. English Language

• Prove English skills via:
  • Degree taught in English, or
  • Approved English test (CEFR B1 or higher).
• Exemptions: children under 18, older adults, certain nationalities, or medical reasons.

6. Accommodation

• You must have adequate housing for your family.
• Must meet safety standards and cannot rely on public funds.

Documents You Need:

Here’s a practical checklist for your ILR application:

Tips:

• Only original documents are accepted.
• Non-English/Welsh documents require certified translations.

Check Also: UK Spouse Visa Count Towards British Citizenship

Processing Times and Priority Services:

• Standard ILR processing: up to 6 months.
• You may remain in the UK while your application is processed if submitted before your visa expires.

Faster options:

Note: Processing can be longer if your documents need verification or an interview is required. Submit complete and accurate documents to avoid delays.

Official reference: GOV.UK – ILR Premium Services

UK Spouse Visa Settlement:

The UK spouse visa allows non-UK nationals married to or in a civil partnership with a British citizen or settled person to live and work in the UK. Settlement on a spouse visa is a key step toward permanent residency and long-term security in the UK.

UK Permanent Residency on Spouse Visa:

Spouse visa holders can apply for UK permanent residency, also known as Indefinite Leave to Remain (ILR), once they meet specific requirements. Achieving ILR gives the right to live and work in the UK without restrictions.

UK Immigration for Spouses:

UK immigration rules provide pathways for spouses of UK citizens or settled persons. Applications require proof of relationship, financial eligibility, accommodation, and compliance with immigration laws.

ILR Requirements for UK Spouse Visa Holders:

To qualify for ILR, spouse visa holders typically need to complete a continuous residency period (usually five years), demonstrate adequate English language skills, and pass the Life in the UK test. Evidence of ongoing financial and personal commitments is also essential.

UK Spouse Visa Extension to ILR:

Before applying for ILR, spouse visa holders may need to extend their visa if the qualifying period has not yet been met. Extensions ensure uninterrupted residency and count toward the ILR timeline.

Timeline for Spouse Visa to ILR in UK:

The standard timeline is five years from initial spouse visa approval, though it may vary depending on visa type and personal circumstances. Applicants must ensure they meet all residency and eligibility criteria during this period.

Residency Requirements for Spouse Visa:

Spouse visa holders must maintain continuous residency in the UK. Extended absences may affect eligibility for ILR. The UK Home Office considers physical presence, employment, and family life when assessing applications.

English Language Requirement for ILR UK:

Applicants must demonstrate English proficiency through an approved test or by holding a degree taught in English. Meeting this requirement is mandatory for ILR approval.

Life in UK Test for Spouse Visa Holders:

Passing the Life in the UK test is a key ILR requirement. The test assesses knowledge of UK history, culture, government, and society, ensuring applicants are prepared for life as a permanent resident.

UK Immigration Rules for Married Couples:

UK immigration rules for married couples emphasize genuine relationships, financial stability, and lawful residency. Spouses must comply with visa conditions to successfully transition to ILR and eventual British citizenship.

Tips:

• Check your timing: Apply no earlier than 28 days before five years.
• Keep records: Document all absences, income, and living arrangements.
• Prepare tests in advance: Book Life in the UK and English tests early.
• Be thorough: Missing documents or errors can delay your ILR.

Optional: When to Seek Help

While you can apply independently, consider an immigration lawyer if:

• Your absences from the UK are complex.
• You have financial or relationship complications.
• You want guidance on premium processing or document preparation.

Even small mistakes can lead to rejection, so professional advice can be worth it.

Conclusion:

Getting ILR on a spouse visa gives you stability and a path to British citizenship. By meeting residence, relationship, financial, language, and accommodation requirements and preparing all documents carefully you increase your chances of success. Plan ahead, follow official guidance, and stay organized to make the process smooth and stress-free.

Frequently Asked Questions: