A partner on a spouse visa can apply for settlement after five years. Indefinite Leave to Remain, known as settlement, removes the time limit on a person’s stay once a qualifying period on the route is complete. An application made before the qualifying period is complete may be refused, and the fee is not refunded. This post provides an overview of the timing of an Indefinite Leave to Remain application for a UK Spouse Visa.
When can you apply for ILR after a spouse visa?
A partner on the five-year spouse visa route can apply for Indefinite Leave to Remain once they complete the qualifying period. That period is five years, or 60 months, of continuous residence on the route, and the application is made on form SET(M).
The five years run as a continuous period on the partner route, made up of two grants of leave. The eligibility date is therefore the day the applicant completes 60 months on the route, subject to meeting the other settlement requirements. The firm’s Spouse ILR guide covers the full eligibility position, and the ILR timeline guide sets out the stages in sequence.
How is the five-year qualifying period made up?
The five-year period is built from two consecutive grants of leave on the partner route, not from a single visa. The structure is set out in Appendix FM of the Immigration Rules.
The route opens with an initial grant of 33 months for an applicant who applied from outside the UK. A Further Leave to Remain extension is then made at the two-and-a-half-year point, granting a further 30 months. The combined leave covers the 60 months required before settlement. The extension stage is itself an application with its own requirements, explained in the firm’s Spouse Visa guidance.
Can you apply for ILR early, before the five years are up?
An applicant can apply for ILR up to 28 days before completing the qualifying period, but no earlier than that. This short early-application window is permitted under Home Office settlement guidance.
The 28-day window allows the application to be submitted shortly before the five years are complete, so the decision can follow soon after the eligibility date. A common misunderstanding is that applying several months early saves time. An application made more than 28 days before the qualifying period is complete may be refused, with the fee lost. Calculating the earliest permitted date accurately is therefore an important step before submission.
When does the qualifying period start?
The qualifying period starts on the date the first partner visa was granted if the applicant was already in the UK and switched from a qualifying visa. If the initial application was made outside the UK, the qualifying period begins when the applicant first entered the UK. This is the date from which the five years are counted.
Time spent in the UK on a different visa before switching into the partner route does not count towards the spouse visa qualifying period.
Does the 10-year route change when you can apply?
The 10-year partner route leads to settlement after ten years, rather than five, so the timing is different. An applicant is usually on this route where leave was granted on a basis other than the standard five-year partner rules.
The 10-year route applies in certain cases, for example where leave was granted on the basis of family life outside the standard financial requirement. Settlement on this route follows ten years of continuous lawful residence. An applicant who is unsure which route they are on can check the basis of each grant of leave. That basis determines whether the qualifying period is five years or ten.
What must be in place by the time you apply?
The applicant must meet the settlement requirements as well as the time requirement. Completing the five years is necessary, but it is not sufficient on its own. The requirements are assessed at the point of application.
The relationship must remain genuine and subsisting, and the couple must intend to live together permanently in the UK. The applicant must also meet the Knowledge of Language and Life requirement. It combines the Life in the UK Test and the English language standard for settlement. The partner route does not impose a fixed annual absence limit, unlike the work routes. The test is whether the couple have made the UK their permanent home. The financial requirement is assessed under Appendix FM, the minimum income requirement that applies depends on the date of the initial application, see the Spouse and Partner Visa financial requirement guide.
What happens if you apply too early or too late?
Applying outside the permitted window carries a risk at each end, so the timing of the application needs care. An application that is too early may be refused, and leaving it too late can create a gap in lawful leave.
An application made more than 28 days before the qualifying date may be refused, as set out above. An applicant who waits until after their current leave expires risks becoming an overstayer, which can affect both the settlement application and future applications. Applying within the 28-day window, while current leave is still valid, avoids both problems. The firm’s SET(M) application form guide sets out how the application itself is completed.
Frequently asked questions
On the five-year partner route, an applicant can apply for Indefinite Leave to Remain after completing 60 months of continuous residence on the route. The five years are made up of an initial grant and one Further Leave to Remain extension. On the 10-year route, settlement follows ten years instead.
Yes. An applicant can apply up to 28 days before the qualifying period is complete, but no earlier. An application made more than 28 days early may be refused and the fee is not refunded, so the earliest permitted date should be calculated carefully.
The partner route does not set a fixed annual absence limit, unlike the work routes. The test is whether the couple have made the UK their permanent home throughout the period. Significant time abroad should still be considered carefully, because it can bear on that question.
The application requires evidence of the relationship, the financial position, continuous residence and the Knowledge of Language and Life requirement. The firm’s SET(M) application guide and supporting documents resources set out the full list. Preparing a complete, indexed bundle is the best way to support the application.
How Whytecroft Ford can help
The Whytecroft Ford immigration team advises partners through the family route, including the ILR on the family route and the move on to British citizenship afterwards. The firm confirms the earliest permitted application date, reviews continuous residence and absences, and checks the relationship and financial evidence before the application is assembled.
To discuss your settlement application with our immigration team, call 0208 757 5751 or use the contact form.
Sources
- Immigration Rules Appendix FM (family members) – GOV.UK
- Indefinite leave to remain – GOV.UK
- UK family visa: partner or spouse – GOV.UK
Written and reviewed by the Whytecroft Ford immigration team. IAA Accredited. All guidance is researched against primary sources, including the Immigration Rules, Home Office caseworker guidance and GOV.UK. Reviewed every six months, or sooner following a rule change.
