Indefinite Leave to Remain (ILR) — also called settlement or permanent residence is the goal that most spouse visa holders are working towards from day one. Once granted, you can live and work in the UK permanently, access public funds, and, after a further twelve months, apply for British citizenship.
This guide covers everything you need to know about obtaining ILR after a spouse visa in 2026.
The Spouse Visa Route to ILR: How It Works
The standard partner route to settlement works in stages:
Stage 1 — Initial spouse visa: Granted for 33 months (2 years and 9 months) if applied from overseas, or 30 months (2 years and 6 months) if applied from inside the UK.
Stage 2 — Extension (FLR(M)): Before the initial visa expires, you apply for a Further Leave to Remain on the marriage route. This adds another 30 months (2 years and 6 months).
Stage 3 — ILR (SET(M)): After completing five years of continuous residence on the partner route, you apply for Indefinite Leave to Remain using the SET(M) form.
The five-year qualifying period runs from the date your first spouse visa was granted — not from the date you arrived in the UK.
Who Is Eligible for ILR on the Spouse Visa Route?
To qualify for ILR after a spouse visa, you must satisfy all of the following:
Continuous residence. You must have completed five years of continuous lawful residence in the UK on the partner route. If you began with a fiancé visa, time spent on that visa does not count — the clock starts from the date the spouse visa was granted after the marriage.
Genuine and subsisting relationship. You must still be in a genuine relationship with the same British or settled sponsor. The Home Office will assess this at ILR stage.
Financial requirement. You must continue to meet the financial requirement applicable to your case. For those who started their route before 11 April 2024, this remains £18,600. For those who started on or after that date, it is £29,000.
English language at B1 level. The English language requirement increases at each stage of the route. For ILR, you must demonstrate CEFR Level B1 in speaking and listening — higher than the A2 required for the extension. Accepted routes include an approved B1 Secure English Language Test (such as IELTS Life Skills B1 or Trinity GESE Grade 5), a UK degree taught in English, or nationality exemption.
Life in the UK Test. You must pass the Life in the UK Test before applying for ILR (unless exempt). The test covers British history, culture, and values.
Adequate accommodation. The couple must have suitable accommodation for themselves and any dependants without overcrowding.
No public funds recourse. You must not have breached your visa conditions by claiming public funds.
Suitability requirements. The Home Office will consider any criminal history, immigration breaches, or deception in previous applications.
The Absence Rule — A Critical Detail
You must not have spent more than 180 days outside the UK in any rolling 12-month period during your five-year qualifying period. The Home Office looks at rolling 12-month windows throughout the entire five years, not just calendar years.
If you have exceeded 180 days in any 12-month window, you will generally not qualify for ILR, unless the excess absence was for serious or compelling reasons (such as a serious illness of a close family member). Relying on exceptions is uncertain and risky.
Keep detailed records of all travel throughout your spouse visa period: passport stamps, boarding passes, and travel itineraries. You will need to declare all absences on your ILR application.
When to Apply
You can apply for ILR up to 28 days before you complete your five-year qualifying period. Applying earlier than this will result in refusal.
Applying late — after your current visa expires — risks a gap in your lawful residence, which could disqualify you or complicate your application. Apply within the 28-day window before your leave expires.
The application form is SET(M), completed online through the UKVI portal.
ILR Fees in 2026
The fee for an ILR application in 2026 is £3,226. This covers the application only; you must also enrol biometrics at a UKVCAS centre. Biometric enrolment carries a small additional charge.
There is also a premium service available for ILR, allowing you to attend an in-person appointment and receive a same-day decision. This “super priority” service carries an additional cost.
What Documents Do You Need?
The documentary requirements for an ILR application are substantial. You will typically need to provide:
- Your current and previous passports
- Evidence of all travel during the five-year period
- Six months of payslips and bank statements showing the sponsor’s income
- An employer letter confirming ongoing employment and salary
- Evidence of the genuine and ongoing relationship (correspondence, photos, joint accounts, tenancy agreements)
- Your English language test certificate (B1 level) or degree certificate
- Your Life in the UK Test pass certificate
- Evidence of accommodation
After ILR: The Path to British Citizenship
Once you hold ILR, you are no longer subject to immigration control. You can live and work in the UK permanently, claim public funds, and travel freely. After holding ILR for 12 months, you may be eligible to apply for British citizenship through naturalisation — provided you meet the residency and good character requirements.
For many families, this is the final step in a multi-year process. Our team at JPS Immigration can assist with both ILR applications and subsequent British citizenship applications and British citizenship by marriage.
A Note on Proposed Changes
The UK Government’s 2025 Immigration White Paper proposed extending the ILR qualifying period from 5 years to potentially 10 years for some routes, under an “earned settlement” model. As of April 2026, these proposals have not been enacted into law and the standard five-year route for spouses and partners of British citizens remains unchanged. Applicants already on the route should continue to plan on the current five-year basis, while monitoring government announcements.
Ready to Apply for ILR?
At JPS Immigration, our specialists guide clients through every stage of the partner route — from the initial spouse visa to ILR and citizenship. We handle the documentary requirements, check absences, and prepare a complete submission to maximise the chance of first-time success.Contact us to discuss your ILR application, or use our free assessment tool to get started.
