Indefinite Leave to Remain UK Spouse Guide

Indefinite leave to remain, or ILR, is the UK’s form of permanent settlement. For spouses and partners of British citizens or settled persons, ILR marks the move from time-limited permission under the partner route to settled status. It removes immigration time limits and allows the holder to live, work and study in the UK without restriction.

This guide explains how to apply for ILR as a spouse or partner under Appendix FM. It covers the eligibility and suitability requirements, the five year qualifying period, financial and accommodation rules, the Knowledge of Language and Life in the UK requirement, the application process using Form SET(M), fees and processing, dependant children, digital status, and the link between ILR and British citizenship.

Successful ILR grants permanent settlement. A spouse or civil partner of a British citizen may usually apply for naturalisation immediately after ILR is granted, provided the nationality requirements are also met. These include the relevant residence requirements, good character, English language and Life in the UK requirements. ILR can lapse after two consecutive years outside the UK, and a person in that position may need to apply under the Returning Resident route if they wish to resume settlement in the UK.

Section A: Understanding ILR for UK Spouses

Indefinite leave to remain is a key stage for a foreign spouse or partner living in the UK. It marks the move from temporary immigration permission under the partner route to permanent settlement, allowing the holder to remain in the UK without time restriction. For many couples, ILR provides long term security and creates a route to British citizenship.

ILR under the partner route is governed primarily by Appendix FM of the Immigration Rules, together with the evidential provisions in Appendix FM-SE. For partner cases, residence is assessed mainly through cohabitation and relationship evidence rather than a strict continuous residence framework with a formal absence cap. To qualify, applicants need to show that the relationship is genuine and subsisting, that the parties intend to live together permanently in the UK, and that the financial, accommodation and Knowledge of Language and Life in the UK requirements are met.

1. What ILR Means for a UK Spouse

With ILR, you are no longer subject to time limits on your stay. You can work for any employer, start a business, pursue education and access the NHS and other public services without immigration restriction. You are also no longer subject to the no recourse to public funds condition, although entitlement to particular benefits remains subject to the rules governing those benefits.

Partner permission is normally granted in stages of 30 months before settlement is reached. ILR converts that limited permission into settled status. Once granted, ILR does not expire, but it can lapse if you remain outside the UK for more than two consecutive years. It can also be lost through deportation or revocation in serious cases.

2. Relationship to British Citizenship

Holding ILR as the spouse or civil partner of a British citizen can allow an immediate application for naturalisation under section 6(2) of the British Nationality Act 1981. Unlike most other applicants for British citizenship, a spouse or civil partner of a British citizen does not have to wait 12 months after obtaining ILR before applying to naturalise.

Naturalisation is not automatic. The applicant still has to meet the other nationality requirements, including the relevant residence requirements, the good character requirement and, where applicable, the English language and Life in the UK requirements. ILR is therefore a necessary settlement stage, but it is not itself citizenship.

3. Legal Basis and Settlement Routes

The main settlement route for partners of British citizens or settled persons is the five year partner route under Appendix FM. In broad terms, the applicant needs to complete 60 months in the UK on the relevant partner route before applying for ILR using Form SET(M). Time spent in the UK as a fiancé, fiancée or proposed civil partner does not count towards that five year qualifying period.

Some applicants are instead placed on the ten year route to settlement, usually where the full requirements of the five year route cannot be met but leave is granted on Article 8 grounds. In those cases, settlement is reached only after the longer qualifying period is completed and the relevant route requirements continue to be met. The five year and ten year routes both lead to ILR, but they are distinct routes with different timelines and legal bases.

Section A summary: ILR under the partner route provides permanent settlement in the UK and is the final stage of the standard five year spouse or partner pathway under Appendix FM. It removes immigration time limits and can lead directly to British citizenship for the spouse or civil partner of a British citizen, subject to the nationality rules. The legal framework is found mainly in Appendix FM and Appendix FM-SE, with residence assessed through cohabitation and the ongoing reality of family life in the UK rather than through a fixed absence rule.

Section B: Eligibility & Requirements

To obtain indefinite leave to remain as the spouse or partner of a British citizen or settled person, you need to meet the requirements of the partner route under Appendix FM. This includes showing that the relationship is genuine and subsisting, that you and your partner intend to live together permanently in the UK, and that you meet the residence, financial, accommodation and Knowledge of Language and Life in the UK requirements.

The Home Office assesses ILR applications under both eligibility and suitability criteria. Meeting the eligibility requirements does not guarantee success if suitability concerns arise, for example in cases involving criminality, deception or significant breaches of the Immigration Rules.

1. Core Eligibility Criteria

You can apply for ILR as a partner if your current permission in the UK was granted on the basis of your relationship with one of the following:

• A British citizen
• A person settled in the UK, including those with ILR or EU settled status
• A person with refugee status or humanitarian protection

You and your partner should be in the UK at the date of application. You need to show that the relationship continues to be genuine and subsisting and that you have lived together throughout the relevant period, subject to reasonable absences. Evidence of cohabitation is central to this assessment.

Unmarried partners and same sex partners can qualify provided they can show that they have lived together in a relationship akin to marriage or civil partnership for at least two years prior to the relevant grant of leave.

2. Residence Requirement

Applicants need to complete the relevant five year qualifying period on the partner route under Appendix FM before applying for ILR. This is normally a continuous period of 60 months in the UK, although limited absences may be acceptable where they are consistent with the relationship and the intention to live together permanently in the UK. Time spent as a fiancé, fiancée or proposed civil partner does not count towards this period. The qualifying period generally needs to be completed on the partner route relied on for settlement. Time spent in the UK as a fiancé, fiancée or proposed civil partner does not count towards the five year qualifying period.

There is no fixed 180 day absence limit under the partner route. However, absences remain relevant. The Home Office will consider whether the pattern and duration of absences is consistent with a genuine and subsisting relationship and an intention to live together permanently in the UK. Extended or frequent absences can undermine this assessment, particularly where they suggest that the couple are not living together on a settled basis.

3. Financial Requirement

The financial requirement is one of the most important and complex aspects of the ILR application. The level of the requirement depends on when the applicant first entered the partner route and whether transitional provisions apply.

Applicants who first entered the partner route on or after 11 April 2024 are generally required to show a gross annual income of £29,000, or meet the requirement through cash savings or a permitted combination of sources in accordance with Appendix FM and Appendix FM-SE.

Applicants who first entered the route before 11 April 2024 and who remain with the same partner continue to benefit from transitional provisions. In these cases, the financial requirement remains at £18,600, plus any applicable child component, capped at £29,000.

Permitted sources of income include:

• Employment or self-employment income
• Non-employment income, such as rental income or dividends
• Interest from savings
• Pension income
• Cash savings

Where relying on cash savings alone at the ILR stage, only savings above £16,000 are counted. The amount above £16,000 can be used in full, unlike earlier partner applications where a different calculation applies.

As a result, the level of savings required depends on which financial threshold applies.

For applicants assessed against the £29,000 threshold, savings alone would usually need to be £45,000.

For transitional applicants assessed against the pre-11 April 2024 partner route threshold, savings alone would usually need to be £34,600 where no child component applies. Where a relevant child component applies under the transitional rules, the required savings figure increases accordingly.

Where income and savings are combined, the savings must cover any shortfall plus £16,000. For example, if the relevant threshold is £29,000 and the applicant has an income of £25,000, the £4,000 shortfall would require £20,000 in total savings.

Applicants need to ensure they comply with the documentary requirements, as set out in Appendix FM-SE. The Home Office applies these evidential rules rigorously, and failure to provide the specified documents in the correct format is a common reason for refusal.

4. Accommodation Requirement

Applicants need to show that adequate accommodation is available for themselves and any dependants without reliance on public funds. The accommodation must not be overcrowded and must comply with relevant public health and housing standards.

The property can be owned, rented or provided by family or friends, provided it is genuinely available to the applicant and their family. Evidence will usually include tenancy agreements, mortgage statements or letters from the property owner confirming the arrangement.

Reliance on public funds in breach of visa conditions can affect eligibility and may also raise suitability issues under the Immigration Rules.

5. English Language & Life in the UK Tests (KoLL Requirement)

Applicants need to meet the Knowledge of Language and Life in the UK requirement unless an exemption applies. This involves both an English language requirement and passing the Life in the UK test.

• An approved English language test in speaking and listening at CEFR level B1 or higher, or
• A recognised degree taught or researched in English

The English language test must be from an approved provider and meet the requirements set out in the Immigration Rules. Applicants also need to pass the Life in the UK test, which assesses knowledge of British history, culture and values.

Exemptions apply in limited cases, for example where the applicant is under 18, aged 65 or over, or has a medical condition that prevents them from meeting the requirement.

6. Suitability Criteria

Even where all eligibility requirements are met, an ILR application can be refused on suitability grounds under the Immigration Rules. Common issues include:

• Criminal convictions, particularly those resulting in a custodial sentence
• False representations or failure to disclose material facts
• Outstanding NHS debt of £500 or more
• Being subject to a deportation order
• Significant or repeated breaches of the Immigration Rules, including periods of overstaying

Applicants should ensure that all relevant information is disclosed and supported with appropriate documentation. Inconsistencies or omissions can lead to refusal even where the substantive eligibility requirements are met.

Section B summary: To qualify for ILR as a partner under Appendix FM, applicants need to complete the required period of residence, maintain a genuine and subsisting relationship, and meet the financial, accommodation and KoLL requirements. The applicable financial threshold depends on whether transitional provisions apply. Suitability requirements also play a critical role, and failure to meet them can result in refusal even where the core eligibility criteria are satisfied.

Section C: ILR Application Process

Once you have completed the required qualifying period as a partner under Appendix FM, you can apply for indefinite leave to remain using Form SET(M). The process is primarily administrative but requires careful attention to timing, documentation and evidential consistency. Even where eligibility is clear, applications can be refused if the specified evidence requirements are not met.

The Home Office will normally decide the application based on the documents submitted. Caseworkers are not required to request missing evidence, so applicants should ensure that all required documents are provided in the correct format at the point of submission.

1. When and How to Apply

You can apply for ILR up to 28 days before completing the required 60 month qualifying period under the partner route. The application should be submitted online using Form SET(M) before your current leave expires.

Submitting an application after your leave has expired can result in overstaying. In limited circumstances, paragraph 39E of the Immigration Rules may allow a short period of overstaying to be disregarded, for example where there was a good reason beyond the applicant’s control and the application is made within 14 days. However, this provision is narrow and should not be relied on as part of normal application planning.

Applications should be submitted within the permitted 28 day window before eligibility is reached. Submitting too early can lead to refusal because the qualifying period has not been completed.

After submission, you will need to book an appointment with UKVCAS to enrol your biometrics and upload your supporting documents. If you leave the UK while the application is pending, it will normally be treated as withdrawn.

2. Documents Checklist

The supporting documents should demonstrate that all requirements under Appendix FM and Appendix FM-SE continue to be met. The exact documents depend on the applicant’s circumstances, but commonly include:

• Current passport
• Partner’s passport or proof of British citizenship or settled status
• Evidence of cohabitation covering the relevant period, such as joint bank statements, utility bills or council tax statements
• Financial evidence, including payslips, bank statements, tax returns or savings evidence in line with Appendix FM-SE
• Proof of accommodation, such as a tenancy agreement or mortgage documentation
• English language evidence and Life in the UK test pass notification
• Evidence explaining any significant absences, where relevant
• For dependant children, birth or adoption certificates and evidence of residence

Documents that are not in English or Welsh should be accompanied by a full translation that can be independently verified. Documents are normally uploaded digitally through the UKVCAS system rather than submitted in hard copy.

3. Fees and Biometric Enrolment

As at the time of publishing, the application fee for ILR using Form SET(M) is £3,029 per applicant. Each dependant applying for ILR is required to pay a separate fee.

Fees are subject to change and should be confirmed at the time of application using the current Home Office fee schedule.

Unlike earlier stages of the partner route, there is no Immigration Health Surcharge at the ILR stage. Successful applicants have access to NHS services as part of their settled status.

Immigration status is now primarily evidenced digitally. For family and settlement applications made on or after 30 October 2025, the Home Office has moved to eVisas, with status held in a UKVI account rather than through a physical biometric residence permit. Applicants are still required to enrol biometrics as part of the application process, but proof of status is provided digitally.

4. Dependants and Family Members

Children can be included in an ILR application if they currently hold leave as dependants under Appendix FM. Each child must meet the relevant requirements, including suitability requirements. Where a child is aged 18 or over, the Knowledge of Language and Life in the UK requirement may apply unless an exemption is available.

Children born in the UK automatically acquire British citizenship only if a parent is British or settled at the time of birth. In those cases, they do not need to be included in an ILR application.

Children who do not automatically acquire British citizenship, including those born outside the UK or born in the UK before a parent became settled, will usually need to apply for leave in line with the parent or consider registration as British citizens once the relevant requirements are met.

Section C summary: The ILR application process under the partner route requires careful timing, correct use of Form SET(M), and full compliance with Appendix FM-SE evidential requirements. Applications should be submitted within the permitted 28 day window before eligibility, supported by complete documentation and followed by biometric enrolment through UKVCAS. Errors or omissions in the application can result in refusal even where the underlying eligibility criteria are met.

Section D: Decision, Processing & Next Steps

After submission, the Home Office will assess your ILR application against the requirements in Appendix FM and Appendix FM-SE. This involves reviewing your supporting documents, confirming your immigration history, and checking that both eligibility and suitability requirements are met.

While many applications follow a straightforward decision-making process, delays can arise where further verification is required, where there are gaps in the evidence, or where the Home Office has concerns about the relationship or immigration history.

1. Processing Times and Priority Services

The standard processing time for ILR applications under the partner route is typically up to six months from the date biometrics are enrolled, although this can vary depending on case complexity.

During this period, applicants are generally permitted to remain in the UK under the same conditions as their previous grant of leave, in line with section 3C of the Immigration Act 1971.

Applicants who require a faster decision may be able to use priority services, subject to availability:

• Priority service, for an additional fee, aims to provide a decision within five working days
• Super priority service, for a higher fee, aims to provide a decision by the end of the next working day after biometrics

These services are not guaranteed and may not be available in all cases. Delays can still occur where additional checks are required or where further information is requested.

2. After ILR Approval

If the application is successful, you will be granted indefinite leave to remain as a partner under Appendix FM. This removes time restrictions on your stay and allows you to work, study and live in the UK without immigration control over your length of stay.

Confirmation of your status will normally be provided digitally through your UKVI account. You should ensure that your account details remain current so that your status can be accessed and shared when required, for example for right to work or right to rent checks.

ILR does not expire, but it can lapse if you remain outside the UK for more than two consecutive years. It can also be lost in more serious cases, such as where deportation action is taken following criminal conduct.

If ILR lapses due to absence, it may be possible to apply for entry clearance as a Returning Resident. This requires evidence of continuing ties to the UK and an intention to resume settlement.

3. Applying for British Citizenship

ILR is the final stage before naturalisation as a British citizen. If you are the spouse or civil partner of a British citizen, you may usually apply for naturalisation immediately after ILR is granted, without waiting 12 months.

To qualify, you need to meet the requirements under section 6(2) of the British Nationality Act 1981, including:

• Being married to or in a civil partnership with a British citizen
• Meeting the relevant residence and absence requirements, typically no more than 270 days outside the UK in the previous three years and no more than 90 days in the final 12 months
• Satisfying the good character requirement
• Meeting the English language and Life in the UK requirements

Naturalisation is a separate application process and is not automatic following ILR. Applicants should wait until ILR has been formally granted before applying for British citizenship.

Section D summary: After submission, ILR applications are assessed against Appendix FM and Appendix FM-SE, with standard processing times of up to six months, subject to variation. Successful applicants obtain settled status with no time limit on their stay, although that status can lapse after prolonged absence. For spouses of British citizens, ILR also enables an immediate application for naturalisation, subject to the nationality requirements.

FAQs: Indefinite Leave to Remain UK Spouse

When can I apply for indefinite leave to remain as a UK spouse?

You can apply once you have completed 60 months in the UK under the partner route in Appendix FM. Applications can be submitted up to 28 days before you reach the five year qualifying period.

Can I apply for ILR as a spouse after three years of marriage?

No. Eligibility for ILR is based on completing the required period of residence under the partner route, not the length of the marriage. In most cases, this means five years on the five year partner route.

Do I need to pass the Life in the UK test for ILR?

Yes, unless you qualify for an exemption. Applicants need to meet the Knowledge of Language and Life in the UK requirement, which includes passing the Life in the UK test and meeting the relevant English language standard.

What is the financial requirement for ILR as a spouse?

The financial requirement depends on when you first entered the partner route. Applicants who entered on or after 11 April 2024 are generally assessed against a £29,000 income threshold. Those who entered before that date and remain with the same partner may continue to be assessed against the £18,600 threshold under transitional provisions.

How much savings do I need for ILR as a spouse?

Where relying on savings alone at the ILR stage, only savings above £16,000 are counted. This means that the required savings will usually be £45,000 where the £29,000 threshold applies, or £34,600 where the £18,600 transitional threshold applies.

Can my children be included in my ILR application?

Yes, dependent children who hold leave under Appendix FM can be included, provided they meet the relevant requirements. Children born in the UK only automatically acquire British citizenship if a parent is British or settled at the time of birth.

What happens if my ILR application is refused?

Depending on the circumstances, you may be able to request an administrative review where a caseworking error has been made. In other cases, you may have a right of appeal, particularly where the refusal engages your family or private life. The decision letter will confirm the available options. In some situations, a fresh application may be required.

Can I lose my ILR status?

Yes. ILR can lapse automatically if you remain outside the UK for more than two consecutive years. It can also be revoked in serious cases, such as where deportation action is taken.

Do I need to wait 12 months after ILR to apply for British citizenship?

If you are married to or in a civil partnership with a British citizen, you can usually apply for naturalisation immediately after ILR is granted. Other applicants normally need to hold ILR for 12 months before applying.

Is there a limit on absences during the five year partner route?

There is no fixed 180 day absence limit under the partner route. However, absences should be consistent with living together in the UK as a couple. Extended or frequent absences may affect how the Home Office assesses the relationship and intention to live together permanently.

How can I reduce the risk of ILR refusal?

Applicants should ensure that the application is submitted before their current leave expires, that all required documents are provided in the correct format, and that the financial, accommodation and Knowledge of Language and Life requirements are clearly met. Full and accurate disclosure is essential, as omissions or inconsistencies can lead to refusal.

Conclusion

Indefinite leave to remain under the partner route is the final stage of the standard UK spouse or partner immigration pathway. It converts time-limited permission into permanent settlement and allows the holder to live in the UK without immigration time restrictions.

To qualify, applicants need to complete the relevant period of residence, demonstrate that the relationship remains genuine and subsisting, and meet the financial, accommodation and Knowledge of Language and Life in the UK requirements. The applicable financial threshold depends on when the applicant first entered the partner route and whether transitional provisions apply.

The application process is document-driven and requires strict compliance with Appendix FM-SE. Applications should be prepared carefully, submitted within the permitted timeframe, and supported by complete and consistent evidence.

Once granted, ILR provides long term stability in the UK. For spouses of British citizens, it also enables an immediate application for British citizenship, subject to the nationality requirements. Understanding the rules and evidential standards in advance can significantly improve the prospects of a successful application.

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