ILR After Spouse Visa UK

Indefinite Leave to Remain (ILR) is a form of permanent residence granted to foreign nationals who have lived lawfully in the UK for a qualifying period. For those who hold a Spouse Visa, ILR marks the point where their immigration status becomes secure, giving them the right to live and work in the UK without restriction.

For employers, ILR represents more than a change in an employee’s personal status — it can directly affect right to work verification processes, HR compliance, and workforce planning. Understanding how the ILR process works, and the implications for employees transitioning from a Spouse Visa, ensures that HR teams remain compliant and well-prepared. This article reflects current Home Office policy and employer guidance as at October 2025, noting that fees and procedural guidance are reviewed periodically and should be checked at the point of application.

What this article is about: This guide provides a comprehensive overview of ILR for individuals who have been living in the UK on a Spouse Visa. It explains the eligibility requirements (including current financial thresholds and evidential expectations under Appendix FM), the application process, and key compliance considerations from an employer’s perspective. It also covers how ILR impacts right to work documentation, record-keeping obligations, and long-term HR strategy, referencing the Home Office Employer’s Guide to right to work checks (current version) for statutory excuse procedures.

Section A: Understanding ILR After a Spouse Visa

The Spouse Visa is one of the most common family routes to settlement under UK immigration law. It allows the partner of a British citizen or settled person to live in the UK, usually for an initial 30-month period, renewable for another 30 months. After completing five years of continuous lawful residence, the visa holder becomes eligible to apply for Indefinite Leave to Remain (ILR).

For employers, understanding this stage of an employee’s immigration journey is important. When a team member transitions from a temporary Spouse Visa to ILR, their right to work in the UK becomes permanent, removing the need for ongoing visa expiry tracking or renewals.

1. What is Indefinite Leave to Remain (ILR)?

ILR is the immigration status granted to individuals who have completed a period of lawful residence in the UK under a qualifying visa category. It gives the holder the right to live, work, and study in the UK without time restrictions. It is often referred to as “settlement” and is usually the final step before applying for British citizenship.

For individuals on a Spouse Visa, ILR is applied for under Form SET(M) and is governed primarily by Immigration Rules Appendix FM and Part 1 of the Immigration Rules. The grant of ILR removes any conditions previously attached to the visa, such as time limits on residence and limitations that applied under temporary leave.

From an HR perspective, this marks a permanent right to work, meaning employers no longer need to repeat immigration checks for that individual after ILR has been granted, although retaining the verification result remains best practice for audit purposes.

2. Eligibility Requirements for ILR under a Spouse Visa

The core eligibility requirement for ILR as a Spouse Visa holder is five years of continuous residence in the UK on the 5-year partner route without gaps or periods of overstaying. Applicants must also demonstrate that:

• They remain in a genuine and subsisting relationship with their British or settled partner.
• They meet the financial requirement in line with Appendix FM at the time of the ILR application. As at 2025, this mirrors the minimum income threshold of £29,000 per year, or reliance on cash savings of £88,500 where the savings route is used.
• They have suitable accommodation for themselves and any dependants.
• They have not breached immigration laws or committed serious offences.

Continuous residence and absences: Unlike economic migration routes, Appendix FM does not impose a fixed maximum absence limit (such as 180 days per 12-month period). Instead, applicants must evidence that they have genuinely resided in the UK with their partner throughout the relevant five-year period. Significant or prolonged absences may require explanation and evidence that family life in the UK continued.

For employers, this qualifying period often coincides with an employee’s long-term service, meaning ILR can align with greater employment stability.

3. English Language & Life in the UK Tests

Applicants for ILR must demonstrate knowledge of both the English language and life in the UK by:

• Passing an approved English language test at CEFR level B1 or above, unless they have an eligible degree taught in English or are from an exempt majority English-speaking country.
• Passing the Life in the UK Test, a computer-based exam covering British history, laws, and culture.

Employers should be aware of these requirements when supporting employees with scheduling test appointments. Missing deadlines can delay ILR applications and create unnecessary uncertainty about status continuity.

4. Financial & Relationship Evidence

The ILR application places significant emphasis on demonstrating an ongoing, genuine relationship with the sponsoring partner and continued compliance with the financial requirement. Typical evidence includes:

• Joint bank statements, tenancy or mortgage agreements, or utility bills covering the five-year period.
• Evidence of shared financial responsibility (for example council tax or household bills) showing cohabitation.
• Proof that the couple continues to live together permanently in the UK.
• Income evidence: payslips and corresponding bank statements; P60s where available. A concise employer letter confirming employment, salary, and start date is optional but can help align records. The primary evidence remains payslips and bank statements.

Failure to provide sufficient or consistent evidence is a common reason for refusal under Appendix FM. Employers providing HR verification (for example, payslips or confirmation letters) should ensure that figures reconcile with payroll and HMRC records to avoid discrepancies.

Section Summary

ILR under a Spouse Visa provides a pathway to permanent residence in the UK, removing visa restrictions and confirming settled status. For employers, this stage simplifies compliance and removes the need for future right to work renewals. Clarity on eligibility (including the current £29,000 income threshold or £88,500 savings where applicable), the evidence of genuine residence as opposed to strict absence limits, and accurate HR documentation helps support lawful, uninterrupted employment throughout the journey to settlement.

Section B: ILR Application Process for Spouse Visa Holders

The ILR application process is a crucial stage for individuals who have completed five years in the UK under the Spouse Visa route. Employers may not directly participate in the process, but understanding how it works helps HR departments manage right to work documentation, support employees through transitions, and plan ahead for any temporary disruptions.

1. When and How to Apply

Spouse Visa holders can apply for ILR up to 28 days before completing their five-year qualifying period. Applications are made online through Form SET(M), which is specific to partners of British citizens or settled persons.

Applicants must ensure their current visa remains valid during the process. If the visa expires before an ILR decision is made, they are legally protected under Section 3C of the Immigration Act 1971, provided the application was submitted in time. This protection extends their lawful status and right to work until a decision is issued.

Applicants are advised to begin preparing documentation several months in advance to ensure all relationship and financial evidence remains up to date. Missing or outdated evidence often causes processing delays or refusal risk.

2. Supporting Documents Required

The evidence required for ILR under a Spouse Visa must show continuity of residence, a genuine relationship, and compliance with financial and English language requirements. Common supporting documents include:

• Current and previous passports showing all UK entry and exit stamps.
• Biometric Residence Permit (BRP) or digital immigration status confirmation.
• Proof of relationship: marriage certificate and ongoing cohabitation documents.
• Proof of income: payslips, bank statements, and P60s covering the most recent six months, aligned with HMRC records.
• Proof of address: official correspondence jointly addressed to both partners throughout the qualifying period.
• Life in the UK Test and English language qualification at CEFR B1 level or above.
• Optional employer letter confirming employment, salary, and start date (useful for evidencing consistent income).

Employers asked to verify employment details should ensure their letters are accurate and consistent with payroll data. Any inconsistencies between employer documentation and payslips can trigger further scrutiny by the Home Office.

3. Application Fees and Processing Times

As of 2025, the Home Office application fee for ILR under a Spouse Visa is £2,885 per person. Applicants must also pay a £19.20 biometric enrolment fee. Optional faster processing is available via the Priority Service (five working days) for £500 or the Super Priority Service (next working day) for £1,000.

These fees are reviewed annually, and applicants should always check the latest Home Office fee schedule before applying. Standard applications can take up to six months, though most are decided within 12 weeks. During this period, applicants continue to work lawfully under Section 3C protection if they applied before visa expiry.

Employers should record the date of submission, update HR systems to reflect “pending ILR” status, and diarise a reminder to check for the outcome to maintain compliance accuracy.

4. Common Reasons for Refusal

The Home Office may refuse ILR applications under Appendix FM for several reasons, including:

• Genuine relationship concerns — inconsistent or insufficient evidence of ongoing partnership.
• Financial requirement failures — not meeting the £29,000 income threshold or equivalent savings level of £88,500.
• Residence concerns — significant or unexplained absences suggesting lack of continuous cohabitation.
• English language or Life in the UK Test — missing or invalid certificates.
• Immigration breaches — past overstaying or non-compliance with visa conditions.

If refused, the applicant may be able to appeal or submit a new application, depending on the grounds. Employers must confirm an employee’s ongoing right to work using the Employer Checking Service (ECS) if a refusal occurs while the employee’s previous visa has expired.

Section Summary

The ILR process under a Spouse Visa requires meticulous preparation and complete documentation. For employers, it is an opportunity to reaffirm right to work compliance and maintain accurate records while supporting employees’ transition to permanent residence. Clear communication, document verification, and tracking application outcomes all contribute to sustained compliance and risk management within HR operations.

Section C: Employer Considerations & HR Compliance

When an employee transitions from a Spouse Visa to Indefinite Leave to Remain (ILR), employers must ensure that HR and immigration compliance procedures are properly updated. ILR changes the employee’s immigration status from limited leave to settled status, meaning they can live and work in the UK permanently. However, the employer’s legal duties under the Immigration, Asylum and Nationality Act 2006 to verify and record right to work evidence continue to apply.

Employers who understand how to manage this transition correctly can minimise compliance risks, maintain accurate records, and demonstrate adherence to Home Office right to work guidance.

1. Right to Work Checks Post-ILR

Once an employee obtains ILR, their right to work in the UK becomes permanent. Nevertheless, employers must carry out a follow-up right to work check to confirm the new status and update their internal records. Where the employee previously provided a Biometric Residence Permit (BRP), the employer should request the new digital share code and verify their ILR status via the Home Office online right to work service.

The result will display “Indefinite Leave to Remain” or “Settlement.” Employers should download and retain a copy of the confirmation page, recording the date the check was performed. This provides a statutory excuse against civil penalties and forms part of best practice under the Home Office’s Employer’s Guide to Right to Work Checks (Version 15.0, 2024, or latest update).

Once ILR is granted, no further right to work checks are required for that employee unless the employer becomes aware of a reason to doubt the individual’s continued eligibility to work in the UK.

2. Transition from Spouse Visa to ILR: HR Impact

The HR impact of an employee moving from a Spouse Visa to ILR is primarily administrative but critical for compliance. Key actions include:

• Updating the employee’s immigration status in HR and payroll systems to reflect settled status.
• Removing the employee from visa expiry or monitoring alerts.
• Retaining the ILR verification page and date of check in the personnel file.
• Recording the employee’s updated right to work type (e.g., “Indefinite Leave to Remain – verified [date]”).

Carrying out these actions promptly ensures that the employer’s compliance records are aligned with Home Office expectations and that the business remains audit-ready.

3. Managing Employees Awaiting ILR Decisions

If an employee applies for ILR before their visa expires, they retain lawful status under Section 3C of the Immigration Act 1971. This means their right to work continues under the same conditions as their existing visa until a decision is made. Employers should not suspend or terminate the employee during this period.

HR departments should:

• Record the ILR application submission date.
• Keep confirmation of the submission (email receipt or payment confirmation).
• Use the Employer Checking Service (ECS) if the employee’s digital status cannot be verified online and their previous visa has expired.

A Positive Verification Notice (PVN) issued by the ECS provides a temporary statutory excuse valid for six months while a decision is pending. HR teams should diarise the PVN expiry date and recheck the employee’s status if the ILR decision is still outstanding at that point.

4. Risk Management & Record Keeping

Employers can face penalties of up to £60,000 per illegal worker for failing to conduct compliant right to work checks. Although ILR holders are no longer subject to immigration control, ensuring records are properly updated is critical for compliance.

Best practice measures include:

• Maintaining ILR verification evidence for the duration of employment plus two years after it ends, in line with Home Office audit recommendations.
• Keeping a central immigration compliance register that logs each employee’s status, verification date, and documentation type.
• Conducting internal audits to ensure consistency across HR, payroll, and compliance systems.

By adopting a structured policy-led approach to immigration compliance, HR departments can ensure that changes in employees’ immigration status — such as ILR grants — are accurately recorded and verifiable.

Section Summary

ILR represents a stable and permanent outcome for employees previously on Spouse Visas. For employers, it simplifies compliance and removes ongoing monitoring obligations, provided that records are correctly updated and verification evidence retained. Following the Home Office Right to Work guidance and storing ILR documentation for at least two years after employment ends helps safeguard against civil penalties and maintain a robust compliance framework.

Section D: From ILR to British Citizenship

After obtaining Indefinite Leave to Remain (ILR), many individuals choose to progress further by applying for British citizenship through naturalisation. For employers, awareness of this stage supports long-term workforce planning and accurate record management, especially where staff move from limited leave to indefinite leave and ultimately to full citizenship.

Citizenship is not automatic following ILR; it requires a separate application under the British Nationality Act 1981. However, ILR is the essential precondition, and the 12-month period after its grant represents a stable phase in which both employer and employee benefit from immigration certainty.

1. Eligibility for Naturalisation

To apply for British citizenship through naturalisation, ILR holders must generally have held ILR for at least 12 months before applying. Where the applicant is married to a British citizen, they can apply immediately after being granted ILR without waiting the extra year.

Applicants must also meet the following requirements:

• Be aged 18 or over and of sound mind.
• Have lived in the UK for at least five years (or three years if married to a British citizen).
• Have not spent more than 450 days outside the UK in the five years before applying (or 270 days if married to a British citizen).
• Have not spent more than 90 days outside the UK in the final 12 months before application.
• Intend to continue living in the UK.
• Meet the good character requirement, including a clean immigration and criminal record.

Once citizenship is granted, the employee becomes a British national with full, unrestricted right to work. Employers should then record the change in nationality within HR systems and retain the new right to work evidence (typically a British passport).

2. HR Implications of Citizenship Acquisition

When an employee acquires British citizenship, HR procedures should reflect this change. The employer’s right to work obligations under immigration law effectively end for that employee, as British citizens are not subject to immigration control.

Employers should:

• Record the new proof of right to work (a valid British passport or certificate of naturalisation).
• Update HR, payroll, and personnel systems to reflect the new nationality and settled status.
• Retain the employee’s prior ILR verification record for audit continuity, though their British nationality now supersedes it.

Where an employee holds dual nationality, HR should record both nationalities but rely on the British passport as the definitive right to work evidence. This ensures the employer maintains a clear and defensible compliance position.

3. Travel, Absences & Immigration Records

ILR holders must take care not to lose their settled status through extended absences. Spending more than two consecutive years outside the UK can lead to ILR being revoked, requiring re-entry under the returning resident provisions. Employers who send ILR employees abroad for long assignments should make them aware of this rule.

Recommended best practice for ILR holders includes:

• Returning to the UK at least once every two years to maintain residency.
• Keeping a UK address, active bank account, and tax record.
• Continuing to pay UK tax and National Insurance where applicable.

Once British citizenship is obtained, there are no longer any immigration-related restrictions or absence limits. However, for employees working internationally, HR should still maintain accurate payroll and tax records to ensure compliance with UK and overseas tax laws.

Section Summary

The transition from ILR to British citizenship completes the settlement process, granting full rights and freedom from immigration control. For employers, this phase eliminates ongoing immigration compliance obligations but still requires careful record management. Updating HR systems to reflect citizenship, ensuring the correct passport is recorded for right to work purposes, and maintaining continuity of documentation safeguard the organisation’s compliance position.

FAQs

How long does it take to get ILR after a Spouse Visa?

A Spouse Visa holder can normally apply for ILR after five years of continuous residence in the UK, consisting of two periods of 30 months each under Appendix FM. The application may be submitted up to 28 days before the five-year period is reached, provided all eligibility criteria are met.

Can an employee work while waiting for ILR approval?

Yes. If an employee submits their ILR application before their visa expires, their existing work rights continue under Section 3C of the Immigration Act 1971. This automatic extension allows them to remain lawfully employed while the Home Office processes the application. Employers should retain proof of submission and, where digital verification is unavailable, use the Employer Checking Service (ECS) to obtain a Positive Verification Notice (PVN).

Does ILR expire or need renewal?

ILR is granted without time limit and does not need renewal. However, it can be lost if the holder remains outside the UK for more than two consecutive years. Employers do not need to carry out repeat right to work checks for ILR holders unless there is reason to doubt the authenticity or validity of their status.

What happens if an ILR application is refused?

If ILR is refused, the applicant may have the right to appeal or reapply, depending on the reasons for refusal. During this time, employers must verify the employee’s ongoing right to work using the ECS if their previous visa has expired. The employee may continue to work lawfully if the ECS confirms a positive right to work result. Employers should avoid taking adverse action until verification results are confirmed.

How should HR record a change from Spouse Visa to ILR?

HR teams should follow a structured process when updating records:

• Request a new digital share code from the employee and verify their ILR status using the Home Office online right to work service.
• Save and date the verification record showing “Indefinite Leave to Remain” or “Settlement.”
• Update HR systems and payroll to reflect the employee’s new immigration category.
• Remove the employee from any visa monitoring lists and note that repeat checks are no longer required.

These actions align with the Home Office Right to Work Code of Practice and preserve a full audit trail for future compliance inspections.

Section Summary

The ILR FAQs provide practical answers to common compliance questions faced by employers. By understanding how ILR applications interact with right to work rules and HR record-keeping duties, organisations can remain compliant and supportive during the employee’s transition to permanent residence.

Conclusion

Indefinite Leave to Remain (ILR) marks a key milestone for employees who have lived in the UK under a Spouse Visa. It confirms their settled status and unrestricted right to work, providing long-term stability for both the employee and their employer.

From an employer’s perspective, ILR simplifies immigration compliance by removing visa expiry tracking and renewal obligations. However, a final right to work check must still be performed and documented once ILR is granted. This ensures the organisation retains a statutory excuse against civil penalties and maintains accurate, audit-ready HR records.

Employees awaiting ILR decisions continue to benefit from Section 3C leave, which extends lawful status and right to work provided their application was submitted before visa expiry. Employers should document this period carefully using the Employer Checking Service where appropriate.

Once an employee achieves ILR—and eventually British citizenship—the employer’s immigration compliance responsibilities largely conclude. The HR focus then shifts to maintaining precise, consistent records that reflect each change in immigration status.

Understanding the ILR process under a Spouse Visa route enables HR teams to manage transitions efficiently and lawfully. By aligning internal policies with the Immigration, Asylum and Nationality Act 2006 and current Home Office guidance, employers can safeguard compliance and support employees throughout their journey to permanent residence and beyond.

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