When can a spouse apply for ILR?

Holders of a Spouse Visa eventually qualify for permanent settlement (also referred to as Indefinite Leave to Remain or ILR) in the UK.

You can apply for ILR as a spouse visa holder after 5 years in the UK. The earliest you can apply for ILR as a spouse is 28 days before you complete 5 years in the UK as a spouse. Early application will be refused and late applications will result in being classed as an overstayer and will almost certainly lead to a refusal of your ILR application.

How long can I spend outside the UK for ILR as a spouse?

One of the conditions of the spouse visa is that you must intend to live together in the UK permanently.

The Home Office guidance states, “In applications for further limited leave to remain or for indefinite leave to remain in the UK as a partner, where there have been limited periods of time spent outside the UK, this must be for good reasons, and the reasons must be consistent with the intention to live together permanently in the UK. Good reasons could include time spent overseas in connection with the applicant’s or their partner’s work, holidays, training or study”.

This means that you can spend time outside of the UK, and there are no strict timeframes for how long, but you must have “good reasons”. If you have spent more than 90 days during any of the past 5 years outside the UK, you should definitely contact us.

Spouse visa to ILR requirements

As a spouse visa holder, you will need to meet several eligibility requirements to gain ILR in the UK, as follows:

  1. Residence requirement – You need to prove that you have made the UK your home and have lived here for at least the last 5 years
  2. Relationship requirements:
  • Your partner must be settled in the UK – either as a British citizen or a person with indefinite leave to remain
  • Your current visa must be a spouse visa or civil partnership visa or based on a long relationship with your partner in the UK
  • You must have lived with your partner since the last renewal of your visa
  • You must intend to make the UK your permanent home

3. Financial requirements for ILR

4. Accommodation requirement

5. Knowledge of life in the UK requirement

6. English language requirement

Applications for ILR following 5 years as a spouse or unmarried partner might seem straightforward, but they are not. We have numerous clients who submitted incorrect applications thinking they now knew the Immigration Rules and ended up being refused, losing their application fees and becoming overstayers. Always consult expert and specialist solicitors before making any applications to the UKVI (Home Office). Contact Us now and we will protect you.

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