What does ILR mean?
Indefinite Leave to Remain is the UK's version of permanent residency, meaning whoever holds it has no restrictions on his residence in the UK. Once given, people can then work, study, and enjoy some benefits without worrying about visa renewals. In addition, ILR marks the last hurdle in a bid for British citizenship; one may immediately apply for it after a period of one year from acquiring ILR status.
A spouse visa to ILR is very accessible if someone is married to or in a civil partnership with a British citizen or has settled status within the UK. If they are married or in a civil partnership with a British citizen, then they can apply for ILR after five years of continuous residence.
Continuous Residence for ILR After Marriage or Civil Partnership Visa
One of the fundamental ILR eligibility criteria after the spouse visa requirement is having met the five-year continuous residence rule. Continuity of residence simply implies remaining in the UK without extended or prolonged absences, and the absence of infractions against the prescribed limits. It is permitted for applicant spouses to spend up to 180 days of any consecutive 12-month period outside of the UK during the relevant five-year period. This number would be exceeded if there is no legitimate reason, such as health or work conditions, and a person would be disqualified from getting ILR.
The rule of continuous residence allows the applicant to demonstrate that he or she has settled in the UK and has had a regular relationship with his or her spouse. A record of all comings and goings from the UK must also be kept. The Home Office will not consider particulars of absences unless the applicant supplies them during the Indefinite Leave to Remain application.
Relationship Requirement: Genuine and Subsisting Partnership
The spouse visa ILR application route requires a relationship with the British or settled partner as a basic requirement. Applicants are to demonstrate a genuine and existing relationship with their spouse. The relationship must be lawfully recognised due to marriage or civil partnership and must have been active for five years.
Applicants must present paperwork indicating that they share the same financial responsibilities and shared homes. The documents included:
Joint bank statements and utility bills from the last two years
Council tax bills and tenancy agreements
Personal communication and travel records showing shared life and responsibilities
Solid proof of cohabitation would strengthen the applicant's statement of a genuine relationship. The applicant should explain clear gaps on cohabitation since continuous prolonged separation without any good reasons would always lead to questioning the genuineness of the relationship.
Financial Requirements for ILR
In order to be eligible for ILR, applicants have to pass financial tests that demonstrate they can support themselves and their dependents without relying on public funds. For applicants in 2024, the threshold income is £18,600, except when there are dependents who are not British citizens or do not have settled status; this is an increased amount.
This includes income earned from employment or self-employment.
Monetary savings greater than £16,000; this can be either the sole source or a partial one
Non-employment sources of income, such as rent or pensions
The self-employed applicant will have to avail the following records in order to manifest their income
Accounts that have tax returns and business accounts. If these sources of income reported disagree with financial statements, then it may likely slow down the treatment of the application or even cause rejection
Accommodation Requirement
Applicants for ILR must show financial stability and non-dependence on public funds in their living arrangements. The Home Office looks for evidence that both the applicant and his partner have suitable accommodation in the UK, such as a rental agreement, mortgage statement, or letter from the landlord if dwelling in a shared house.
Accommodation must be in good public health and spacious enough to provide the applicant and other family members who might be living with the applicant with adequate living space and privacy. If an applicant lives with extended family members, then additional supporting evidence, such as a letter from the homeowner, must demonstrate that such an arrangement is appropriate.
English Language Proficiency and Life in the UK Test
An application for Indefinite Leave to Remain requires the applicant to be able to show proficiency in the English language and knowledge of British life, history, and values. It includes:
English Language Requirement: All applicants aged 18 to 64 will need to demonstrate a B1 English language level in speaking and listening. Proof is required to show that either you can use an approved English language test or that your degree was wholly taught in English at a recognised institution. Citizens of majority English-speaking countries and certain medical conditions are exempt from this requirement.
The Life in the UK Test demands that the applicant prove his knowledge of British history, culture, and institutions. Most ILR applicants have to pass at an approved test centre before they can apply for the residence. The cost is £50. When passed, a pass certificate is issued, and the applicant submits that with the Indefinite Leave to Remain application.
All these prove commitment toward integration as well as a long-term stay in the UK.
Documentation Checklist for ILR After 5 Years on a Spouse Visa
Any applicant who is preparing his/her form will need to organise his/her documentation. An application which is ready and properly prepared will comprise the following:
Passport: Valid passport(s) issued to the applicant to prove identity and travel history
Biometric Residence Permit (BRP): Proof of current immigration status
Marriage Certificate: Documentation based on the relationship's legal status and proof of cohabitation.
Financial Evidence: Payslips, bank statements, and employer letters show that one has met the required financial criteria.
Accommodation Evidence: Rental agreements or property ownership documents.
Life in the UK Test Certificate: The test is taken to prove that he passed the above requirement.
English Language Certificate: Certificate of the English language if a language test is required.
Having each document as full and current enhances one's chances of an easy application process.
Application for ILR After a Spouse Visa
The online application for the spouse visa route is to be submitted on the Home Office website via the SET(M) form relating to ILR. The applicant must submit the application no later than 28 days before the completion of five years of residency. The fee to apply for Indefinite Leave to Remain is acurrently£2,885. If faster processing is desired, there is an option for faster processing at an additional fee, which the applicant can opt for.
Watch this video on how A Y & J Solicitors have attained ILR after 5 years for their client.
Once an application has been submitted and fees paid, applicants must attend one of the UK Visa and Citizenship Application Services centres for a biometrics appointment to provide fingerprints and photographs. In most cases, UKVI provides supporting documents before the date of the biometrics appointment or in person, where applicable.
Get Professional Guidance
ILR application, to be filed five years after entry into the UK as a spouse visa applicant, requires detailed attention towards financial, relationship, language, and accommodation criteria. All ILR after spouse visa requirements have to be fulfilled in the right manner, and proper documentation must be prepared for the Indefinite Leave to Remain application. A Y & J Solicitors offers professional advice on meeting the requirements and maximising the chances of your application for achieving ILR.
A Y & J Solicitors is a specialist immigration law firm with extensive experience with an Indefinite Leave to Remain application. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us at +44 20 7404 7933. We’re here to help!
