Understanding ILR After a Spouse Visa
indefinite leave to remain spouse visa is the UK's permanent residency status, allowing you to live and work in the UK without immigration restrictions. For spouse visa holders, ILR is typically granted after 5 years (or 10 years under long residence rules).
Eligibility for ILR on a Spouse Visa (2024 Rules)
To qualify, you must:
- Have lived in the UK for 5 years on a spouse/partner visa (2 x 2.5-year visas)
- Still be married/in a relationship with your British or settled partner
- Meet the financial requirement (currently £18,600/year, rising to £29,000 in 2024 and £38,700 in 2025)
- Pass the Life in the UK test (75% score required)
- Meet the English language requirement (B1 level or higher)
- Not have spent excessive time outside the UK (no more than 180 days per year)
Key Steps to Apply for ILR
1. Prepare Your Documents
You'll need:
- Current copyright & BRP
- Proof of cohabitation (6 items of joint correspondence over 2 years)
- Marriage/civil partnership certificate
- Evidence of meeting financial requirements
- Life in the UK test pass certificate
- English language proof (if required)
2. Take the Life in the UK Test
- 24 questions about British history, culture and laws
- Book at an approved test centre (£50 fee)
- Study materials available on GOV.UK
3. Complete the Online Application
- Use the SET(M) form for spouse visa holders
- Pay £2,885 (current 2024 fee)
- Pay the £1,035 Immigration Health Surcharge (if applicable)
4. Attend Biometrics Appointment
- Submit fingerprints and photo at UKVCAS centre
- Processing time: 6 months (standard) or 5 days (priority for extra £800)
Common Reasons for ILR Refusal
❌ Failing the Life in the UK test
❌ Not meeting financial requirements
❌ Excessive time spent outside the UK
❌ Relationship breakdown before applying
❌ Criminal convictions
(Tip: A refused ILR application doesn't automatically lead to deportation - you may reapply or appeal.)
After Getting ILR: Next Steps
- Apply for British Citizenship (after 12 months with ILR)
- Update your BRP (if your name/photo changes)
- Access public funds (no longer subject to 'No Recourse to Public Funds')
- Travel freely (no more visa restrictions)
Frequently Asked Questions
Q: Can I apply for ILR after 2.5 years?
No - you must complete 5 years (unless switching from another visa category).
Q: What if my spouse visa expires before ILR?
You must apply for a second spouse visa extension first.
Q: Is there an English test for ILR?
Only if you haven't already proved B1 level English.
Q: Can I work while waiting for ILR?
Yes - your existing visa conditions continue until a decision.
How a Solicitor Can Help
An immigration lawyer can:
✔ Check your eligibility before applying
✔ Prepare a strong application package
✔ Handle complex cases (e.g. gaps in residence)
✔ Represent you if refused
(Typical solicitor fees: £800-£2,500)
Conclusion
ILR is the final step to settling permanently in the UK with your partner. By carefully meeting all requirements and preparing thorough documentation, you can successfully transition from a spouse copyright permanent residency.
Need help with your ILR application? Consult with an immigration specialist today.