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A Guide to ILR for Spouse Visa Holders

Securing Indefinite Leave to Remain (ILR) from a spouse visa is a significant milestone in the immigration journey of foreign nationals married to British citizens or settled persons in the United Kingdom. ILR is a status that allows individuals to live and work in the UK without any time restrictions, offering a more stable and permanent immigration solution for couples who wish to continue to build their lives together in the UK.

We all know marriages thrive on stability, and Indefinite Leave to Remain provides the security and certainty many foreign spouses crave.

Throughout this article, we will look at how you can qualify for Indefinite Leave to Remain when living in the UK on a spouse visa. We’ll look at every aspect of the process, from the eligibility requirements to the documents required and, finally, the application process. By the end of this article, we should have answered:

• What are the eligibility requirements for ILR for a foreign spouse?
• When can I apply for ILR when I’m on a spouse visa?
• What documents do I need to provide for ILR as a spouse?
• How much does the ILR process cost?
• How long does an ILR spouse application take to be processed?

ILR Eligibility Requirements for Spouse Visa Holders

It’s important to understand the eligibility criteria for ILR from the outset of your spouse visa to ensure a smooth transition once you’re eligible to apply. While immigration law can change and has changed in the past, the expectation is that requirements for ILR will not materially change going forward.

The following eligibility requirements apply to all spouse visa holders:

• Residence Period: Applicants must legally reside in the UK for 5 years on a spouse visa, with no absences exceeding 180 days in any 12-month period.
• English Proficiency: Pass an approved English Language Test at level B1 unless exempt (e.g., degree taught in English, national of a majority English-speaking country, or over 65).
• Life in the UK Test: Pass the Life in the UK Test on British customs, traditions, and history.
• Good Character: No criminal record or immigration violations.
• Financial Requirement: Minimum combined income of £18,600 with your spouse.
• Genuine Relationship: Continue to live together at the same address.
• Valid Leave: Maintain valid leave throughout the qualifying period.

Indefinite Leave to Remain Documents for Spouse Visas

Applicants must provide documentation to prove they meet eligibility requirements:

• Passports & Travel Documents: Copies of all passports used in the last 5 years, including expired ones.
• Biometric Residence Permit: Copies of both sides of the BRP card.
• Proof of English Language Proficiency: Test certificate at B1 level or exemption proof.
• Life in the UK Test Certificate: Proof of passing.
• Proof of Income: Payslips, bank statements, or tax records.
• Suitable Accommodation: Tenancy/mortgage statement plus council tax and utility bills.

Process for Applying for ILR for Spouse Visa Holders

The ILR process is fully digital and involves:

• Confirm eligibility.
• Complete ILR Set (M) form online.
• Collect supporting documents.
• Submit application online and book biometrics at UKVCAS.
• Pay the fee: £2,885 (Standard, 6 months) or £3,885 (Super Priority, 1 day).
• Attend biometric appointment.
• Wait for decision.
• Receive approval and new BRP (valid until 31 Dec 2024, after which e-Visa applies).

When Can I Apply for ILR on a Spouse Visa?

The best time to apply is within 28 days before completing your 5 years in the UK. Absences must not exceed 180 days in any 12 months during the qualifying period.

Further Information on ILR for Spouse Visa Holders

For more guidance, see our detailed ILR and British Citizenship guide or contact a UK Visa Expert to check your eligibility.

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