The UK Spouse visa (part of the UK family visa) allows a person to settle in the UK. If you have been in the UK on a spouse visa for 5 years (usually), you may be able to apply for ILR (also known as ‘settlement’). However, you are also required to meet other requirements such as relationship, financial, and English language requirements. 

The eligibility criteria for spouse visa ILR depend on whether you are on the 5-year, 2-year, or 10-year route.  

If you are unsure which route you are on, you should check the letter you received from the Home Office when you had your last ‘leave to remain’ approved.

When can you be put on the 2-Year and 10-Year route to settlement?

The 2-year route to ILR is a legacy route that applies only if you were granted a spouse visa under the immigration rules that existed before 9 July 2012. This route is no longer available for new spouse applications.

You may be placed on the 10-year route to settlement when you have a genuine family life in the UK but fail to satisfy all the standard requirements for the 5-year spouse visa route. For example, you do not meet the financial requirement, but there are exceptional circumstances that make the visa refusal unjustifiably harsh. 

Requirements explained for ILR After a Spouse Visa

If you hold a UK Spouse or UK Partner Visa, you can apply for ILR (Indefinite Leave to Remain) after completing the required qualifying period under the family immigration route. 

Importantly, most applicants under the Immigration Rules - Appendix are on the 5-year route to settlement. But some are on the 2-year or 10-year route as well. Let us see the requirements for ILR after a spouse visa below.

1. Relationship requirement

For a spouse visa ILR, your spouse/partner must be settled in the UK - either as a British citizen or a person with ILR (Indefinite Leave to Remain) or settled status under the EUSS (EU Settlement Scheme).

You must have your current visa on the basis of your relationship with your spouse/partner. You must be either:

• a spouse (husband, wife) or civil partner

• in a relationship that is akin to a marriage or civil partnership for 2 years or more

You must also have lived with your partner (the same person who was your spouse or partner when you last renewed your visa) since you last renewed your visa and intend to continue your relationship with the same partner after applying for ILR.

If you are currently in the UK on the 10-year route partner route, you must have had permission to be in the UK on the basis of this relationship for a minimum of one year.

2. Time spent in the UK requirements if you are on the 5 or 2 year route

You must have been residing in the UK on your spouse visa for at least: 

• 5 years in a row if you are on the 5 year route

• 2 years in a row if you are on the 2 year route 

When calculating your continuous residence, you cannot include time you have spent in the UK on any other visa or as a fiancé (e) or proposed civil partner

3. Time spent in the UK requirements if you are on the 10 year route

You must have been residing in the UK for at least 10 years in a row. You can include time spent in the UK on any other visas which lead to settlement. For example, UK Skilled Worker visa, UK Global Talent visa, or UK Innovator Founder visa. 

However, you cannot include time spent in the UK as a fiancé (e) or proposed civil partner.

What if your relationship has broken down because of domestic violence or abuse

You can apply for permission to settle in the UK as soon as possible after your relationship has broken down because of domestic violence or abuse. 

If you hold a current UK visa, you do not have to wait for it to expire.

What if your partner has died?

You can apply for ILR any time after the death of your partner under bereaved partner route . You are not required to wait until your current UK visa expires.

You must apply from inside the UK.

4. Financial requirements

If you are on a 5-year route, you and your sponsoring partner are required to prove that your combined income satisfies the MIR (Minimum Income Requirement). The amount of income required depends on when you first successfully applied for your current spouse visa or whether your partner is getting certain disability or carer’s benefits.

You must show your income as you did when you applied for a spouse visa. 

If you first applied for your spouse visa prior to 11 April 2024

You and your sponsoring partner must usually have a combined annual income of at least £18,600.

You must show you have additional money for any children who:

• You are applying for ILR with

• are in the UK as your or your partner's dependants 

You do not need to prove you have extra money for any children who are British or Irish citizens, have pre-settled status under the EUSS, or are permanently settled in the UK.

Where you need to show extra money for your children, you will need the following amount as extra earnings:

• £3,800 per year for your first child

• £2,400 per year for every child after your first child

If the total amount required to earn based on the number of your children would exceed £29,000, you only need to show you earn £29,000. 

If you first applied for your UK spouse/partner visa on or after 11 April 2024

You and your sponsoring partner will need to show you have a combined annual income of at least £29,000. This amount includes any number of dependent children. 

If you are on the 2-year route, you must show that you have enough money to house and support yourself and your children without using public funds.  

There are no financial requirements if you are on the 10-year route, however you must still prove that you are able to maintain and accommodate yourself including any dependent . 

5. Life in the UK test requirement and English language requirement

If you are aged 18-64, you will need to book and pass the ‘Life in the UK’ test. Home Office requires you to pass this official test when you apply for Indefinite Leave to Remain (ILR) or British citizenship through naturalisation. The test assesses whether you have sufficient knowledge of British history, traditions, values, laws, and everyday life in the UK.

Similarly, unless exempt (for example, because you are aged under 18 or 65 or over, or you have a physical or mental condition that prevents you from meeting this requirement), you must show your ability in speaking and listening English at CEFR (Common European Framework of Reference for Languages) Level B1 (Intermediate) or higher.

You may satisfy this requirement through one of the following:

• Passing an approved English language test. 

• Having a degree taught/researched in English that is recognised as equivalent to a UK qualification. 

• Being a National/Citizen of a majority English-speaking country.

What if your spouse/partner has settled status under the EUSS (EU Settlement Scheme)?

If you are a spouse/partner of a national of the EU, other EEA nations (Iceland, Liechtenstein and Norway) or Switzerland and you have EUSS - Pre-settled status, you can usually apply for settled status (equivalent to ILR under the EUSS) after completing a continuous qualifying period of 5 years in the UK.

For this purpose, you must generally show that:

• You have resided in the UK for 5 years in a row with pre-settled status. 

• You continue to meet the requirements as a spouse/partner (where applicable). 

• No event has occurred causing you to lose eligibility for settled status. 

Unlike many other ILR routes, you are generally not required to meet the English language requirement, Life in the UK Test, and financial requirement for obtaining settled status under the EUSS.

Including your children on your application

You can include your children (aged under 18 or aged 18 or over) on your application if you are on the 5 or 2-year route to settlement and they are eligible. Provided the child entered the UK as a dependent before they turned 18 years.

However, you cannot include your children in your application for ILR if you are on the 10-year route to settlement.

How can Visa and Migration help?

Regardless of the route (5-year, 2-year or 10-year), we can help you successfully apply for a spouse visa ILR. We can ensure you meet each eligibility requirement as required by the Home Office and prove them through strong documentary evidence. We can also help you include any children in your application.

If your application for ILR has been refused, we can help you apply for an Administrative Review, Appeal, Judicial Review, or simply reapply depending on the most suitable option for your case.

For expert advice and queries on the UK Spouse Visa to ILR, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com