Indefinite leave to remain (ILR) is the UK’s form of permanent residence. For spouses and partners of British citizens or settled persons, ILR marks the transition from temporary permission under a spouse/partner visa to settled status. It removes immigration time limits and allows you to live, work, and study in the UK without restriction. ILR under the partner route is governed primarily by Appendix FM of the Immigration Rules, with evidential rules in Appendix FM-SE, and residence concepts informed by Appendix Continuous Residence.
What this article is about: This guide explains how to apply for indefinite leave to remain as a UK spouse/partner under Appendix FM. It covers eligibility and suitability criteria, the five-year residence requirement, financial and accommodation rules, English language and Life in the UK tests (KoLL), the application process (Form SET(M)), fees and processing times, dependants, the shift to digital eVisas, and how ILR links to British citizenship for spouses of British citizens.
Throughout, we use precise Home Office terminology (for example, “ILR as a partner under Appendix FM” rather than “ILR spouse visa”) and incorporate current thresholds (including the £29,000 income requirement from 11 April 2024 and the £88,500 cash-savings route). We also flag policy nuances such as the 28-day early-application practice, paragraph 39E discretion on short overstays, and the absence of a formal 180-day absence cap for the partner route (while noting that excessive absences can undermine evidence of cohabitation and intention to live together).
Successful ILR confers permanent settlement. Spouses of British citizens may apply for naturalisation immediately after ILR if they meet the other nationality criteria (including residence limits over the preceding three years, good character, English language and Life in the UK). We also outline when ILR can be lost (for example, after two consecutive years’ absence) and the Returning Resident route.
Section A: Understanding ILR for UK Spouses
Indefinite leave to remain (ILR) represents a crucial milestone for a foreign spouse or partner living in the UK. It marks the transition from temporary immigration permission under a spouse/partner visa to permanent residence, allowing you to live, work, and study in Britain without time restrictions. For many couples, achieving ILR secures long-term family stability and opens the path to British citizenship.
ILR under the partner route is governed primarily by Appendix FM of the Immigration Rules, together with the evidential provisions set out in Appendix FM-SE. Concepts of residence are informed by Appendix Continuous Residence. To qualify, applicants must show that their relationship is genuine and subsisting, that they continue to meet financial and accommodation standards, and that they satisfy the “knowledge of language and life in the UK” requirement.
1. What ILR Means for a UK Spouse
Gaining indefinite leave to remain means you are no longer subject to immigration control. You can work for any employer, start a business, pursue education, and access the NHS and other public services without restriction. You will also have access to certain public funds unavailable to spouse-visa holders.
The spouse visa provides limited permission to stay—typically granted in two-and-a-half-year stages—while ILR converts that status into permanent settlement. Once granted, ILR does not expire, although it can be lost if you remain outside the UK for more than two consecutive years or if you commit an offence leading to deportation.
2. Relationship to British Citizenship
Holding ILR as the spouse of a British citizen enables you to apply for naturalisation immediately after settlement. Under section 6(2) of the British Nationality Act 1981, spouses of British citizens are exempt from the usual 12-month ILR holding period. Naturalisation is not automatic: you must still meet all other criteria, including residence requirements, the good-character test, and the English language and Life in the UK standards. In practice, obtaining ILR places you in the strongest possible position to secure British citizenship for yourself and, indirectly, greater stability for your family.
3. Legal Basis and Settlement Routes
The principal settlement route for partners of British citizens or settled persons is the five-year partner route under Appendix FM (R-ILRP.1.1). This route requires 60 months of continuous residence in the UK as the spouse, civil partner, or long-term partner of a British citizen or a person with settled or refugee status. Applicants who cannot meet strict financial or English-language standards but whose removal would breach Article 8 ECHR may instead qualify under the ten-year route to settlement, achieved after four successive grants of 30 months’ leave. Both routes lead to ILR provided all suitability and relationship conditions continue to be met; the difference lies only in the time required to reach settlement.
Section A Summary: Indefinite leave to remain under the UK partner route gives long-term security and freedom to live permanently in the UK with your spouse or partner. It converts a temporary spouse visa into permanent settlement and serves as the gateway to British citizenship. The rules for this route are detailed in Appendix FM, supported by Appendix FM-SE and informed by Appendix Continuous Residence, which together define who qualifies, how long they must reside, and how they must evidence the genuineness of their relationship and integration into British life.
Section B: Eligibility & Requirements
To obtain indefinite leave to remain (ILR) as the spouse or partner of a British citizen or settled person, you must satisfy all the requirements of the five-year partner route under Appendix FM. This involves proving that your 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” (KoLL) standards.
The Home Office assesses each ILR partner application on both eligibility and suitability grounds. Even if you meet the eligibility tests, ILR may still be refused if you fall short of the suitability criteria—for example, where there is a history of deception, criminality or immigration breaches.
1. Core Eligibility Criteria
You may apply for indefinite leave to remain as a partner if your existing UK visa was granted on the basis of your relationship with any of the following:
- A British citizen
- A person settled in the UK, including those holding ILR or EU Settled Status
- A person granted refugee status or humanitarian protection
Both partners must be physically present in the UK when applying and able to prove ongoing cohabitation since the last visa renewal. You must also demonstrate a genuine and subsisting relationship and an intention to live together permanently.
Unmarried and same-sex partners may also qualify if they can evidence living together in a relationship akin to marriage or civil partnership for at least two years before applying.
2. Residence Requirement
Applicants must have completed 60 months (five years) of continuous leave as a partner under Appendix FM. Time spent in the UK as a fiancé(e) or proposed civil partner cannot count towards this five-year total. Leave held under a previous relationship cannot be aggregated; each qualifying period must be based on the same partner.
Under Appendix Continuous Residence, the 180-day limit does not apply to the partner route; however, absences must still be limited to preserve the finding of continuous cohabitation and intent to live permanently in the UK. Absences should therefore be limited and for reasons consistent with family life, such as work commitments, holidays, study or training.
3. Financial Requirement
For applications made on or after 11 April 2024, couples must demonstrate a gross annual income of £29,000 or equivalent in cash savings or a permitted combination of both. Acceptable income sources include:
- Employment or self-employment earnings
- Non-employment income such as rental income, dividends or trust fund returns
- Interest on savings
- Maintenance payments or qualifying government allowances
If relying on cash savings alone, £88,500 is required (calculated as £16,000 plus 2.5 times £29,000). If combining income and savings, only savings above £16,000 count, calculated using the formula: (shortfall × 2.5) + £16,000. For example, if your annual income is £25,000, the £4,000 shortfall requires £10,000 savings above £16,000, totalling £26,000. Applicants who applied before 11 April 2024 remain subject to the previous £18,600 threshold.
The Home Office may periodically adjust the income threshold in line with wage inflation, so applicants should confirm the current rate before applying. Evidencing the financial requirement is one of the most complex parts of the process, demanding strict compliance with Appendix FM-SE documentary rules.
4. Accommodation Requirement
Applicants must show that adequate accommodation is available for themselves and any dependants, without reliance on public funds. Accommodation is assessed under the Housing Act 1985 overcrowding standards and public health regulations.
The property may be owned, rented, or provided by family or friends, but it must be occupied exclusively by the applicant’s household. Overcrowded or unsafe housing will not satisfy the requirement. Accessing public funds during your spouse or partner visa can breach visa conditions and may impact ILR eligibility.
5. English Language & Life in the UK Tests (KoLL Requirement)
Under the KoLL requirement, applicants must demonstrate knowledge of both the English language and life in the UK. Unless exempt, you must:
- Pass an approved English language test in speaking and listening at CEFR Level B1 or higher, or
- Hold a degree taught or researched in English, recognised as equivalent to a UK bachelor’s degree or higher.
English language qualifications must be from a Home Office-approved provider at the required level listed under Appendix KoLL. You must also pass the Life in the UK Test, a multiple-choice exam covering British history, values and customs. Exemptions apply if you are under 18, over 65, or have a physical or mental condition preventing you from meeting this requirement.
6. Suitability Criteria
Even where the eligibility conditions are met, ILR may be refused under Appendix FM (S-ILR) if any suitability grounds apply. Common reasons include:
- Criminal convictions or a custodial sentence
- False representations or omission of material facts
- Outstanding NHS debts exceeding £500
- Being the subject of a deportation order
- Prolonged or unjustified overstaying under Part 9 of the Immigration Rules
Applicants should disclose all relevant information honestly and provide a full set of supporting documents, as omissions or inconsistencies can lead to refusal.
Section B Summary: To qualify for indefinite leave to remain as a UK spouse or partner, applicants must complete five years of continuous residence, maintain a genuine and subsisting relationship, meet the financial and accommodation rules, and satisfy the KoLL requirement. The Home Office will also verify suitability factors such as criminal history and honesty in disclosure. Meeting these criteria confirms long-term commitment to life in the UK and establishes eligibility for permanent settlement.
Section C: Application Process
Once you have completed five years in the UK as the spouse or partner of a British citizen or settled person, you may apply for indefinite leave to remain (ILR) under the five-year partner route. The process is administrative but legally precise, requiring strict adherence to Home Office procedures, timelines, and evidence standards.
A well-prepared application is vital. Even strong cases can fail where evidence is incomplete or improperly formatted. The Home Office will not normally request missing documents, and errors can lead to delay or refusal.
1. When and How to Apply
You can apply for ILR up to 28 days before completing 60 months of qualifying residence as a spouse or partner. Applications must be submitted online using Form SET(M) via the GOV.UK portal before your current leave expires.
Submitting late risks overstaying, which can lead to refusal and cancellation of future immigration permissions. Under paragraph 39E of the Immigration Rules, a short period of overstaying (within 14 days) may be disregarded if you can show a valid reason beyond your control, such as serious illness or technical error during submission.
Although Home Office policy allows submission up to 28 days early, discretion may be exercised for marginal deviations where continuous residence is otherwise proven. Once your application is submitted, you will be invited to book a UKVCAS appointment to provide biometrics and upload supporting evidence. You must remain in the UK until a decision is made.
2. Documents Checklist
Supporting evidence must establish that you continue to meet all ILR requirements. While the specific documents depend on personal circumstances, applicants should typically include:
- Current passport and biometric residence permit (BRP)
- Partner’s passport or proof of settled status
- Cohabitation evidence such as joint bank statements, council tax or utility bills spanning the last 2.5 years
- Financial evidence (payslips, bank statements, tax returns, or savings proofs) consistent with Appendix FM-SE
- Proof of adequate accommodation (tenancy agreement or mortgage statements)
- English language qualification and Life in the UK test pass notification
- Employer letters or travel documents for any absences abroad
- For dependants: birth or adoption certificates and proof of living arrangements
All documents must be in English or Welsh, or accompanied by a certified translation. Scanned copies are normally accepted when uploaded digitally to your UKVCAS account.
3. Fees and Biometric Enrolment
As of 2025, the ILR application fee under Form SET(M) is £3,029 per applicant, with an additional biometric enrolment fee of £19.20. Dependants applying with you must each pay the full fee. Home Office fees are subject to change annually, so always confirm the current fee schedule before submitting your application.
Unlike earlier spouse visa stages, ILR does not carry an Immigration Health Surcharge (IHS) because successful applicants have unrestricted access to NHS healthcare as permanent residents.
Once approved, you will receive a Biometric Residence Permit (BRP) showing your indefinite status. From late 2024, ILR holders will evidence their status digitally through a UKVI eVisa account, replacing physical BRPs. You should ensure your contact and login details remain current to maintain access to your digital immigration status.
4. Dependants and Family Members
You may include children in your ILR application if they currently hold dependent leave under Appendix FM. Each child must also satisfy relevant suitability requirements and, if aged 18 or over, the KoLL standard unless exempt.
Children born in the UK to a parent who already holds ILR automatically acquire British citizenship and do not need to be included in the ILR application. Children born outside the UK before their parent’s ILR grant do not automatically acquire citizenship and must apply as dependants or later register once the parent becomes settled.
Section C Summary: Applying for indefinite leave to remain as a UK spouse or partner involves completing the online SET(M) form, paying the relevant fee, and submitting a full suite of supporting documents demonstrating compliance with Appendix FM. Attention to timing and evidence presentation is critical—applications must be submitted before visa expiry, with all required documents and biometrics provided correctly. Once approved, ILR grants the right to live in the UK permanently, free from immigration restrictions.
Section D: Decision, Processing & Next Steps
After your indefinite leave to remain (ILR) application as a spouse has been submitted, the Home Office will begin assessing your eligibility and evidence under the relevant provisions of Appendix FM and Appendix FM-SE. This process involves verifying your documents, confirming your residence history, and checking that all requirements have been met.
While straightforward applications are typically decided quickly, more complex cases involving absences, previous refusals, or incomplete evidence can take longer. Understanding how the Home Office handles these timelines and what follows after a decision can help you plan with confidence.
1. Processing Times and Priority Services
The standard Home Office processing time for ILR spouse or partner applications is up to six months from the date biometrics are submitted. During this period, you are permitted to remain in the UK under the same conditions as your previous visa.
Applicants seeking a faster decision can opt for one of two premium processing options at the time of submission:
- Priority Service: an additional £500 fee for a decision within five working days.
- Super Priority Service: an additional £1,000 fee for a decision by the end of the next working day after your biometric appointment, if scheduled on a weekday.
Delays may still occur if your supporting documents require verification, if further evidence is requested, or if you are invited to attend an interview—for example, where there are concerns about the genuineness of your relationship or previous immigration history.
2. After ILR Approval
If your application is approved, you will be granted indefinite leave to remain as a partner under Appendix FM. This removes all time restrictions on your stay in the UK and grants access to employment, self-employment, education, and public services without limitation.
You will receive an email decision notice followed by your Biometric Residence Permit (BRP) or digital eVisa confirmation showing your indefinite status. From late 2024, ILR holders will evidence their status digitally through their UKVI account. You should ensure your account remains active and your contact details are up to date for verification purposes.
ILR can be lost if you leave the UK for more than two consecutive years, or if you are convicted of a serious offence leading to deportation. If ILR lapses through absence, you may apply to return under the Returning Resident Visa route, showing a continuing connection to the UK.
3. Applying for British Citizenship
ILR is the final stage before naturalisation as a British citizen. If you are the spouse of a British citizen, you may apply for citizenship immediately after ILR is granted—you do not need to wait 12 months, provided you meet the following conditions under section 6(2) of the British Nationality Act 1981:
- You are married to or in a civil partnership with a British citizen
- You meet the residence and absence requirements (no more than 270 days’ absence in the previous three years)
- You satisfy the good-character, English language, and Life in the UK criteria
Naturalisation provides the right to hold a British passport and to pass citizenship to children born outside the UK. The process typically takes several months, and you should wait for official ILR confirmation before applying for citizenship.
Section D Summary: Once submitted, ILR partner applications can take several months to process, though faster premium options are available. Successful applicants gain permanent status in the UK with unrestricted work and residence rights. However, ILR can be lost after extended absences abroad. Holding ILR also opens the door to British citizenship, which can be applied for immediately by spouses of British citizens who meet the remaining 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 for ILR once you have completed five years (60 months) in the UK as the spouse or partner of a British citizen or settled person under the five-year partner route in Appendix FM. Your application may be submitted up to 28 days before the five-year mark.
Can I apply for ILR as a spouse after three years of marriage?
No. Marriage length alone does not determine eligibility. You must complete five years of continuous residence in the UK on a valid spouse or partner visa before applying for ILR.
Do I need to pass the Life in the UK test for ILR?
Yes, unless exempt. You must pass both the Life in the UK Test and meet the English language requirement to satisfy the KoLL (Knowledge of Language and Life in the UK) rule. Exemptions apply if you are under 18, over 65, or have a medical condition preventing you from taking the test.
How much does ILR cost for a UK spouse in 2025?
The Home Office fee for an ILR partner application (Form SET(M)) is £3,029 per person, with an additional £19.20 biometric fee. Premium options include Priority Service (£500 extra) for a 5-day decision or Super Priority (£1,000 extra) for a next-working-day outcome. Fees are reviewed annually, so applicants should confirm current charges before applying.
Can my children be included in my ILR spouse application?
Yes, you can include dependant children if they hold leave under Appendix FM and live with you in the UK. Children born in the UK to a parent who already has ILR automatically become British citizens and do not need to apply. Children born outside the UK before the parent obtains ILR must apply as dependants or later register as British citizens once the parent is settled.
What happens if my ILR application is refused?
You may have the right to request an administrative review if you believe a caseworker error led to the refusal. In other cases, a fresh application may be required. It is advisable to seek legal advice before reapplying to ensure all eligibility and documentary requirements are fully met.
Can I lose my ILR status?
Yes. ILR lapses automatically if you leave the UK for more than two consecutive years, or if you are deported or convicted of a serious criminal offence. You may reapply as a Returning Resident if you can show continuing ties to the UK.
Do I have to wait a year after ILR to apply for British citizenship?
If you are married to a British citizen, you can apply for naturalisation immediately after ILR is granted. Other ILR holders must wait 12 months before applying for citizenship.
Is there a limit to absences during the five-year spouse route?
There is no formal 180-day limit on absences for the partner route, but lengthy or frequent absences may raise questions about whether you and your partner genuinely live together in the UK. Absences should be consistent with family life, such as work trips, holidays or study.
How can I avoid ILR refusal as a spouse?
To minimise risk of refusal:
- Apply before your current visa expires
- Provide complete and accurate documentation
- Meet financial and accommodation requirements
- Pass all language and Life in the UK tests
- Disclose any relevant information honestly
Errors or omissions in these areas are the most common causes of ILR refusals.
FAQs Summary: These questions address key practical issues around indefinite leave to remain as a UK spouse—timing, costs, dependants, citizenship, and documentation. Understanding these points helps applicants prepare a compliant and complete ILR submission under Appendix FM, reducing the risk of refusal.
Conclusion
Securing indefinite leave to remain (ILR) as the spouse or partner of a British citizen or settled person is the final stage of the UK’s partner immigration pathway. It transforms a temporary right of residence under a spouse or partner visa into permanent settlement, granting full freedom to live, work, and build a life in the UK without immigration restrictions.
To qualify, applicants must complete five years of lawful residence under the partner route, maintain a genuine and subsisting relationship, and meet the financial, accommodation, and KoLL requirements. The process is document-heavy, and every element must be evidenced in accordance with Appendix FM and Appendix FM-SE. Errors, omissions, or poor timing can result in refusal even for otherwise strong cases.
Applications should be submitted no earlier than 28 days before the expiry of your visa, and all supporting evidence—financial, residential, and relational—should be carefully aligned and consistent. Using the correct version of Form SET(M), ensuring biometrics are submitted, and paying the appropriate fee are essential procedural steps.
Once approved, ILR provides lasting stability and security. For spouses of British citizens, it also offers a direct route to British citizenship, allowing immediate application for naturalisation under section 6(2) of the British Nationality Act 1981. Achieving ILR signals the successful completion of the UK spouse immigration journey and the beginning of a permanent life in the UK.
If you are preparing to apply for indefinite leave to remain as a UK spouse or partner, understanding the legal requirements and evidential standards in full is critical. Specialist legal advice can ensure your application is complete, compliant, and submitted on time—maximising your prospects of success.
Glossary
| Term | Definition |
|---|---|
| Indefinite Leave to Remain (ILR) | Permanent residence in the UK, allowing the holder to live, work and study without time limits or immigration restrictions. |
| Spouse Visa | A visa under Appendix FM that permits the husband, wife, civil partner or long-term partner of a British citizen or settled person to live in the UK temporarily. |
| Appendix FM | The section of the UK Immigration Rules governing family members of British citizens and settled persons, including spouse, partner, parent, and child routes. |
| Appendix FM-SE | The part of the Immigration Rules that sets out documentary and evidential requirements for meeting Appendix FM criteria. |
| Appendix Continuous Residence | Defines how continuous residence is calculated for UK immigration purposes; while the 180-day limit does not apply to the partner route, absences must still be limited to demonstrate cohabitation. |
| KoLL Requirement | The Knowledge of Language and Life in the UK requirement, mandating proof of English ability and passing the Life in the UK test. |
| Form SET(M) | The Home Office application form for partners and spouses applying for ILR after completing five years under Appendix FM. |
| Continuous Residence | The qualifying five-year period of lawful residence in the UK without long absences, required for ILR under the partner route. |
| Financial Requirement | The minimum income or savings threshold (£29,000 income or £88,500 savings) that applicants must meet to qualify for ILR as of April 2024. |
| Suitability Criteria | Home Office checks relating to criminality, deception, overstaying, and immigration compliance that can affect ILR eligibility. |
| British Naturalisation | The process through which an ILR holder becomes a British citizen under the British Nationality Act 1981, granting the right to a British passport. |
| Returning Resident Visa | A visa for individuals who previously held ILR but lost it after more than two years outside the UK, allowing them to regain settled status. |
Useful Links
| Resource | Link |
|---|---|
| GOV.UK – Apply for Indefinite Leave to Remain as a Partner | https://www.gov.uk/indefinite-leave-to-remain-partner |
| GOV.UK – English Language Requirement | https://www.gov.uk/english-language |
| GOV.UK – Life in the UK Test | https://www.gov.uk/life-in-the-uk-test |
| GOV.UK – Returning Resident Visa | https://www.gov.uk/returning-resident-visa |
| DavidsonMorris – Spouse Visa to ILR Guide | https://www.davidsonmorris.com/spouse-visa-ilr/ |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
