Indefinite leave to remain, commonly called ILR or settlement, allows you to remain in the UK without a time limit on your immigration permission.

For most people on the standard UK Spouse or partner visa route, the earliest point at which they can qualify for ILR is after five continuous years in the UK on a family visa as a partner.

Reaching five years does not automatically give you indefinite leave to remain. You must make a formal settlement application and meet all the requirements that apply to your route at the date of application.

If you are approaching the end of your partner visa, our Spouse Visa Support page can help you organise your questions and understand your next step.

How Long Do You Need to Be on a Spouse Visa Before Applying for ILR?

If you are on the standard five-year partner route, you must have spent at least five continuous years in the UK on a family visa as a partner before you can qualify for settlement under that route.

A typical journey involves an initial visa granted for 33 months from outside the UK, or 30 months in-country, followed by:

  1. An initial Spouse or partner visa
  2. An extension after approximately two and a half years
  3. An ILR application once the five-year qualifying period has been completed

The exact dates matter. Do not assume that having received two grants of partner permission automatically means you have completed five qualifying years.

How Early Can You Apply for ILR?

You can apply up to 28 days before you complete the required qualifying period.

GOV.UK warns that an application made earlier than this can be refused.

For example, if you complete five qualifying years on 30 September, the earliest you should apply is 28 days before that date.

You should calculate the qualifying period carefully before submitting the application.

If your current partner visa will expire before you become eligible for settlement, you need to extend your permission first rather than allowing your visa to expire while waiting to reach the five-year point.

When Does the Five-Year Period Start?

The relevant period is the time you have spent in the UK with qualifying permission as a partner.

For the five-year route, you cannot include time spent in the UK:

  • On another type of visa
  • As a fiancé, fiancée or proposed civil partner

This distinction is important for applicants who have switched to the partner route after previously living in the UK as a Student, Skilled Worker or under another immigration category.

For example, spending two years in the UK as a Student followed by five years on the standard partner route does not allow the two Student years to reduce the five-year partner qualifying period.

Does Time on a Fiancé Visa Count Towards ILR?

No.

Time spent in the UK as a fiancé, fiancée or proposed civil partner does not count towards the five-year qualifying period for settlement as a partner.

The qualifying period starts once you have the relevant family visa permission as a partner.

This can be important when estimating when you will become eligible for ILR after entering the UK to marry your partner.

What Is the Difference Between the Five-Year and Ten-Year Partner Routes?

Not every applicant with family permission is on the standard five-year route.

Some people are granted permission on a ten-year family route, particularly where their application was granted on family or private-life grounds despite not meeting all of the standard requirements for the five-year route.

The settlement requirements are different.

For the standard five-year partner route, you must complete five qualifying years as a partner.

For the ten-year family settlement route, the Immigration Rules allow a qualifying period of ten years using specified categories of family and private-life permission and, in some circumstances, time spent on certain other routes that provide a route to settlement, where the relevant conditions are met.

If you are not sure which route you are on, check your latest Home Office decision letter. The government’s White Paper proposals to extend the standard qualifying period to ten years have not been enacted into law as of August 2026. The five-year route remains the current standard for applicants on Appendix FM.

Do You Still Need to Be With Your Partner When You Apply?

Yes, if you are applying for settlement through the standard partner route.

Your current immigration permission must be based on your relationship with your partner, and the relationship must continue to meet the relevant requirements.

Applicants generally need to show that they have lived together since their last grant of permission, unless there is a good reason why they have not.

The Home Office must also be satisfied that the relationship remains genuine and subsisting.

A previous successful Spouse visa application does not remove the need to demonstrate that the qualifying relationship continues at settlement stage.

What Evidence Can Show That Your Relationship Is Continuing?

Evidence can include documents showing that you and your partner continue to share a home and life together, such as:

  • Council Tax correspondence
  • Tenancy or mortgage documents
  • Household bills
  • Bank statements
  • Official correspondence addressed to you at the same property
  • Documents relating to children or other shared responsibilities

Home Office caseworker guidance specifically identifies Council Tax bills, bank statements, tenancy or mortgage documents, household bills and children’s school letters as examples of evidence that can demonstrate cohabitation.

The documents required will depend on your circumstances.

Can You Spend Time Outside the UK During the Five-Year Period?

There is an important distinction between the partner route and some work-based immigration routes.

The five-year Appendix FM partner route does not apply a simple rule stating that every applicant must remain below 180 days of absence in each 12-month period.

Instead, Home Office caseworker guidance looks at whether periods spent overseas are consistent with the couple’s intention to live together permanently in the UK.

Limited periods abroad can be accepted for good reasons such as:

  • Holidays
  • Work
  • Training
  • Study

However, where an applicant, their partner or both have spent the majority of the five-year period overseas, the Home Office can question whether they genuinely intended to live together permanently in the UK. The circumstances, length of the absences and reasons for travel are considered.

Applicants should therefore avoid applying the 180-day rule from other immigration categories to a Spouse visa settlement application without checking the rules that actually govern the partner route.

What Financial Requirement Applies at ILR Stage?

Applicants on the five-year partner route must continue to meet the applicable financial requirement at settlement stage.

The threshold depends partly on when you first applied to enter or remain on the relevant family route.

If You First Applied Before 11 April 2024

If you first applied as a partner, fiancé(e) or proposed civil partner before 11 April 2024 and that application was successful, the transitional financial rules will generally apply if you are continuing on the five-year route with the same partner. The minimum income requirement is £18,600, subject to the additional child component where applicable.

Additional amounts apply for some dependent children:

  • £3,800 for the first qualifying child
  • £2,400 for each additional qualifying child

The total requirement is capped at £29,000. Certain children, including British or Irish citizens and children permanently settled in the UK, do not attract the additional amount.

There are also exceptions to the minimum income test where the sponsoring partner receives specified disability or carer’s benefits.

If You First Applied on or After 11 April 2024

If you first applied as a partner, fiancé(e) or proposed civil partner on or after 11 April 2024, the minimum income requirement is generally £29,000.

Because an applicant must complete five qualifying years before settlement on the standard five-year route, many people who first entered the partner route after April 2024 will not reach the five-year ILR stage until 2029 or later.

Immigration Rules can change during that period, so applicants should check the settlement requirements in force when they become eligible to apply.

What If Your Partner Receives PIP or Another Specified Benefit?

If your sponsoring partner receives one of the specified disability or carer’s benefits, the standard minimum income threshold does not apply.

Instead, you must meet the adequate maintenance requirement.

This means demonstrating that you and your family can be adequately maintained and accommodated without relying on additional public funds. The Home Office considers factors including household income and housing costs.

Specified benefits include payments such as Personal Independence Payment, Attendance Allowance and Carer’s Allowance.

This is a different calculation from the standard minimum income requirement.

Is There a Financial Requirement on the Ten-Year Partner Route?

The accommodation requirement applies at ILR – you must demonstrate that adequate accommodation is available without overcrowding. Under the current settlement rules, GOV.UK states that there is no financial requirement for settlement on the ten-year partner route.

Applicants still need to meet the other requirements applying to the route, including the qualifying residence, relationship, suitability, English language and Knowledge of Life in the UK requirements.

Do You Need to Pass the Life in the UK Test?

Yes, unless an exemption applies.

Applicants aged 18 to 64 applying for partner settlement must pass the Life in the UK Test and meet the applicable English language requirement.

The Life in the UK Test covers subjects including British history, government, traditions and everyday life.

You should allow enough time to prepare for and pass the test before submitting your settlement application.

The current Life in the UK Test fee is £50.

What English Level Do You Need for ILR After a Spouse Visa?

Under the current five-year partner settlement requirements, applicants who are required to demonstrate English must show at least B1 level in speaking and listening, or meet the requirement through another accepted method, such as an eligible degree taught or researched in English.

Applicants should check whether a qualification or test they used for an earlier immigration application can be relied upon again.

Different exemptions apply, including in relation to age and certain medical circumstances.

What About the Ten-Year Route?

The rules for settlement under Appendix Settlement Family Life currently require at least B1 speaking and listening for applications made before 26 March 2027.

For applications made on or after 26 March 2027, the rules currently specify B2 speaking and listening, unless an exemption applies.

This is a good example of why applicants approaching settlement should check the Immigration Rules in force on their actual application date.

Do You Need to Meet an Accommodation Requirement?

Applicants on the five-year partner route must demonstrate that there is adequate accommodation for the family without recourse to public funds. The accommodation must not be overcrowded or contravene public health regulations.

Home Office guidance states that accommodation is not adequate if it is overcrowded or breaches public health regulations.

Evidence can depend on whether you:

  • Rent a property
  • Own your home
  • Live with family members
  • Have another housing arrangement

Applicants should ensure that their evidence reflects their actual living arrangements at the date of application.

What Documents Could You Need for a Spouse Visa ILR Application?

The exact documents depend on your circumstances, but an application can involve evidence relating to:

  • Your passport and identity
  • Your current immigration status
  • Your qualifying period in the UK
  • Your continuing relationship
  • Cohabitation with your partner
  • Your income and finances
  • Your accommodation
  • Your English language ability
  • Your Life in the UK Test
  • Any dependent children included in the application
  • Relevant immigration or criminal history

GOV.UK guidance identifies evidence of income and accommodation where relevant, evidence that applicants have lived with their partner since their previous grant, evidence that the relationship is genuine and subsisting, and evidence that the English and Life in the UK requirements are met.

How Much Does ILR After a Spouse Visa Cost?

As of 14 August 2026, the Home Office application fee for indefinite leave to remain is £3,226 per applicant.

Each person applying must pay the relevant application fee.

Biometric information – fingerprints and a photograph – is required, but GOV.UK states that there is no separate fee for providing biometrics as part of this application.

Immigration fees can change, so applicants should check the current fee immediately before applying.

Do You Pay the Immigration Health Surcharge for ILR?

No.

Applications for indefinite leave to remain are exempt from the Immigration Health Surcharge.

This is different from a further Spouse visa extension, where the immigration health surcharge is generally payable.

If an ILR application does not meet the settlement requirements and is instead varied to an application for further limited permission, an immigration health surcharge can become payable before that limited permission is granted.

How Long Does an ILR Application Take?

GOV.UK currently states that applicants will usually receive a decision within six months after providing their fingerprints and photograph.

This is a processing timeframe rather than a guaranteed decision date.

Applicants should avoid making plans that depend on receiving settlement by a particular date.

Can You Travel While Your ILR Application Is Pending?

You must not travel outside:

  • The UK
  • Ireland
  • The Channel Islands
  • The Isle of Man

While your application is awaiting a decision.

If you leave this area before a decision is made, your ILR application will be withdrawn.

This is a fixed consequence, so applicants planning overseas travel should take it into account when deciding when to submit their application.

Can Children Be Included in an ILR Application?

Children may qualify for settlement where they meet the relevant requirements, but the rules depend on the child’s immigration status and the route on which the parent is applying.

For example, a child who has permission as a dependant may be able to apply for settlement alongside a parent, subject to the applicable requirements. Children on the ten-year family settlement route are subject to separate rules.

If a child is also approaching settlement, check the rules that apply to the child before making the application.

What If Your Relationship Ends Before You Apply for ILR?

If your relationship permanently ends before settlement, you cannot rely on the standard partner settlement route simply because you have almost completed five years.

The partner settlement route requires the applicant to continue to meet the applicable relationship requirements at the date of application.

However, other immigration routes can be relevant depending on the circumstances.

There are separate settlement provisions where, for example:

  • The sponsoring partner has died
  • The relationship ended because of domestic abuse

Other family, private-life or immigration routes can also be relevant depending on the applicant’s circumstances.

Where a relationship ends close to the settlement stage, professional immigration support may be appropriate.

What Happens If You Do Not Yet Meet the ILR Requirements?

Do not allow your current partner permission to expire simply because you are close to qualifying for settlement.

If your current partner permission will expire before you become eligible for settlement, you will generally need to apply for further permission before your current permission expires.

Depending on why the settlement requirements are not met, further limited permission can also be relevant.

For example, Home Office guidance provides for some settlement applications to be varied to applications for further permission where the applicant does not qualify for ILR but does qualify to remain under the family route.

The consequences depend on the requirement that has not been met and the applicant’s circumstances.

What Does Indefinite Leave to Remain Allow You to Do?

Indefinite leave to remain is settlement in the UK.

If granted ILR, you no longer need to keep extending your Spouse visa simply to remain in the country.

Settlement allows you to live, work and study in the UK without a time limit on your immigration permission.

It can also provide a route towards applying for British citizenship if you later meet the citizenship requirements.

ILR and British citizenship are separate statuses, so receiving settlement does not automatically make you a British citizen.

Common Mistakes When Applying for ILR After a Spouse Visa

Problems can arise where applicants:

  • Apply more than 28 days before completing the qualifying period
  • Count time spent on another visa towards the five-year partner route
  • Count time spent as a fiancé or fiancée
  • Assume two successful partner visas automatically equal five qualifying years
  • Use the wrong financial threshold
  • Overlook the Life in the UK Test
  • Rely on an English qualification that does not meet the settlement requirement
  • Provide insufficient evidence of continued cohabitation
  • Misunderstand how periods spent outside the UK are assessed
  • Allow their current visa to expire before becoming eligible
  • Travel outside the UK, Ireland, the Channel Islands or the Isle of Man while the ILR application is pending – doing so will cause the application to be withdrawn
  • Use outdated rules, fees or document requirements

Preparing for settlement before the final weeks of your current visa can give you more time to identify which requirements and documents apply.

Visit our Spouse Visa Support page to organise your questions and understand your next step.