Indefinite Leave to Remain

What Is Indefinite Leave to Remain as a Partner?

Indefinite Leave to Remain (ILR) under the spouse or partner route represents the final milestone for couples seeking permanent settlement in the UK. It allows foreign nationals married to, or in long-term relationships with, British citizens or settled persons to live in the UK without immigration restrictions. 

Indefinite Leave to Remain (ILR) under the spouse or partner route is a type of permanent residence granted to foreign nationals who have completed the required residence period in the UK as a partner of a British citizen or a settled person. 

It confirms that the holder is “settled” in the UK and no longer subject to immigration control. ILR status removes the need for visa renewals and provides a stable foundation for individuals and families who have made the UK their permanent home.

Once granted, ILR permits the right to live, work, and study freely, access public funds, and provides a pathway to British citizenship. 

Who Can Apply?

You may apply for Indefinite Leave to Remain in the following categories:

• Partner of a person present and settled in the UK – 5-year route
• Parent of a child present and settled in the UK – 5-year route
• Dependants under 18 years of age

If this is the first time a dependent is applying for leave in this category, you cannot include dependent children over the age of 18. You can include a child who is now 18 or over who was initially granted leave in this category when they were under 18. You must show that they are still dependent on you for financial support and not leading an independent life, and that they have not formed their own family unit (for example, got married or had their own children).

Requirements for Indefinite Leave to Remain as a Spouse

You may apply for ILR as a spouse or partner if you meet the following key requirements:

• Hold a valid spouse or partner visa under Appendix FM of the Immigration Rules.
• Have completed five continuous years (60 months) in the UK as a partner.
• Are living in a genuine and subsisting relationship with your British or settled partner.
• Meet the financial requirement threshold.
• Meet the English language requirement.
• Have passed the Life in the UK Test.
• Have not breached immigration laws or been convicted of serious criminal offences.
• You intend to settle in the UK permanently for the foreseeable future.

You cannot apply for ILR under this route if:

• You are a dependent of a Skilled Worker, Student, or other Points-Based route holder.
• You have spent significant time outside the UK, breaking your continuous residence.

Genuine Relationship Requirement

You must demonstrate that your marriage, civil partnership, or relationship akin to marriage is genuine and subsisting. This means your partnership is authentic and that you and your partner intend to live together permanently in the UK. 

Typical supporting evidence includes:

• Joint tenancy agreements or mortgage statements.
• Utility bills and council tax addressed jointly.
• Joint bank statements or financial correspondence.
• Photos, travel records, and communication logs (optional supporting evidence).

It is advisable to provide documents evenly spaced over the last 2.5 years to illustrate continuous cohabitation. If periods of separation have occurred due to work or family circumstances, include explanations and proof of ongoing contact.

Minimum Income Requirement

The financial requirement ensures that couples can support themselves without recourse to public funds. The minimum income requirement for family visas was increased on 11 April 2024. However, applicants who were already on the 5-year route and are applying with the same partner are eligible to apply under the previous financial threshold. Applicants must demonstrate:

• A minimum income of £18,600 per annum, and
• An additional £3,800 for the first child and £2,400 for each additional child.

Acceptable income sources include employment, self-employment, pensions, property rental, or cash savings held for at least six months.

The Home Office is strict when assessing financial documentation. Applicants must provide evidence exactly as specified in the Immigration Rules, these may include recent payslips, bank statements, P60s, and employer confirmation letters. 

Failure to submit sufficient evidence is one of the most common reasons for refusal, so applicants should review all financial documentation carefully before submission or seek professional advice. 

Knowledge of the English language and life in the UK requirement

Applicants must demonstrate proficiency in English to at least B1 level in speaking and listening under the CEFR framework. This requirement reflects the expectation that long-term residents can integrate into British society.

Applicants can satisfy this requirement by:

• Passing a Secure English Language Test (SELT) at an approved UKVI test centre.
• Holding a degree taught or researched in English, verified by UK ECCTIS (formerly UK NARIC).
• Being a national of a majority English-speaking country (e.g., USA, Canada, Australia).

Applicants aged 65 and over or those with a long-term physical or mental condition may qualify for exemption.

Continuous UK Residence

Applicants must demonstrate continuous residence in the UK for five years under the spouse or partner category. Brief absences such as holidays or short visits abroad are permitted, but lengthy or frequent absences can raise questions about the continuity of residence or the genuineness of the relationship.

You should maintain a clear link to the UK, including residence, financial commitments, and communication with your partner during any time apart.

Child Dependants

Children can be included as dependants on your ILR application, provided they hold valid dependent visas under your sponsorship. To qualify:

• The child must be under 18 and not living an independent life.
• Both parents should be applying for ILR together or one parent should already be settled or British.

If your child was born in the UK and at least one parent becomes settled, the child can instead be registered as a British citizen immediately.

Application Process

The ILR application process is completed entirely online. Applicants must remain in the UK throughout the process until a decision is made.

Step 1: Complete the Online Application Form

Use this form to apply to settle in the UK as a current spouse or partner of a person present and settled in the UK or as a parent of a child present and settled in the UK and you have spent 5 years with permission to qualify for settlement. As part of the application process, you are also applying for an eVisa.

Access the application on GOV.UK and answer all questions accurately. Pay the ILR fee (£3,029) at the end of the form

Step 2: Upload Documents

After submission, you will be redirected to the UKVCAS portal to upload documents, including your passport, evidence of finances, relationship proof, and English and Life in the UK certificates.

Documents include evidence of: 

1. Identity such as passport
2. Genuine and subsisting relationship
3. Financial documents
4. English language 
5. Life in the UK Test 

Step 3: Attend Biometric Appointment

You must attend a UKVCAS service centre to provide fingerprints and a photograph. Bring original documents where required. Do not travel outside the UK while your application is pending.

Step 4: Await Decision

The Home Office UKVI will contact you by email regarding the outcome. Decision within 6 months unless opted for priority services. 

If You Do Not Yet Meet Requirements

If you do not fully meet the criteria for settlement but appear to qualify for further temporary permission to stay, the Home Office will not refuse your ILR application outright. Instead, your application may be varied automatically and treated as an application for further leave to remain under the same immigration category.

You will not need to pay a new application fee for this variation. The Home Office will contact you directly if this process applies to your case.

Before your new application for permission to stay can be decided, you may be required to pay the Immigration Health Surcharge (IHS) for that period of leave. 

How Whytecroft Ford Can Help

At Whytecroft Ford, our experienced immigration team provides comprehensive support for family-based settlement applications. We offer end-to-end assistance, from eligibility assessment and document preparation to full representation before the Home Office.

Our services include:

• Eligibility and compliance assessment under the relevant immigration rules
• Preparation of legal cover letters and supporting documents.
• Preparation of the online SET(M) application form and document upload process.
• Advice on Life in the UK and English language test compliance.
• Assistance with priority bookings and post-decision planning.

We ensure your ILR application is legally robust, accurately presented, and strategically positioned for approval.

Contact Whytecroft Ford

If you are preparing to apply for ILR or wish to confirm your eligibility, contact the Whytecroft Ford immigration team today on 0208 757 5751 or use our contact form.