Indefinite Leave to Remain (ILR) After Spouse Visa

The purpose of applying for Indefinite Leave to Remain (ILR) is to settle in the UK permanently if you hold a family visa as a partner or spouse and your partner is either a British citizen or has ILR in the UK.

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Requirements

  • You can apply up to 28 days before completing the required residency period on your Spouse Visa.

  • Routes to ILR:

  • 5-year route: You must have lived in the UK on Spouse Visa for 5 continuous years

  • 10-year route: Requires 10 continuous years in the UK on a combination of visas, including Spouse Visa.

  • Relationship Requirements:

  • Your current visa must be based on your relationship.

  • You must be married, in a civil partnership, or in a relationship akin to marriage.

  • You must have lived together since your last visa renewal.

  • You must intend to continue your relationship after applying.

  • You should be in genuine relationship

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  • Language and Knowledge Requirements: Pass the Life in the UK Test and meet the English language requirements (recognized English qualification at B1 level or higher, or a degree taught or researched in English).

  • Cohabitation and Relationship Proof: Proof of living together such as utility bills, joint bank statements, and tenancy agreements. In this section, we also need genuine relationship evidence, such as photos, communication records, and affidavits from acquaintances.

  • Residency Proof: Must have lived in the UK continuously on your spouse visa, with time that is spent outside of the UK not exceeding 180 days in any 12-month period.

Required Documents

  • Valid passport, BRP and other National Identity cards

  • Previous travel documents

  • Partner’s passport or proof of settled status: You also may use your spouse's financial documents to fulfil the requirement below, along with showing household financial stability.

  • Proof of cohabitation: documents such as utility bills, joint bank statements, and tenancy agreements that show that you have loved together with your partner since your last visa renewal.

  • Financial evidence: payslips, employment contracts, employment letters, tax returns, bank statements.

  • Evidence of passing the Life in the UK Test.

  • English language qualifications.

  • Any supporting documents for absences from the UK.

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How to Apply

  • Apply online using Form SET(M) on the UK government website.

  • Payment: Application fee of £2,885, Biometric fee of £19.20. There is optional priority services available.

  • Document submission: Online or at a visa application centre.

Fees Structure

  • Application fee: £2,885.

  • Biometric information fee: £19.20.

  • Priority service (optional): £500.

  • Super priority service (optional): £800.

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Processing Time

  • Standard processing may take up to 6 months. However, for priority service you may be able to get the decision within 5 working days. There is another alternative option of having a super priority service, which would be able to give you a decision within the next working day.

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Frequently Asked Questions

What happens if I leave the UK after getting ILR?

1
You can travel freely, but ILR can be lost if you remain outside the UK for more than 2 years at a time.

Can I work in the UK while applying for ILR?

2
Yes, you can work while your ILR application is being processed.

Is there a minimum income requirement?

3
Yes, the standard requirement is £18,600 per year, with additional amounts required for each dependent child.
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