Indefinite Visa as a Spouse

What is Indefinite Leave to Remain (ILR)?

An immigration status called Indefinite Leave to Remain (ILR), sometimes referred to as UK Settlement, permits immigrants to live and work in the UK permanently without any time or immigration restrictions. ILR holders do not require additional visas in order to work, study, access public funds (if qualified), and travel within and outside of the United Kingdom.

Indefinite Leave to Remain is often the last step before applying for British citizenship, so it is an important part of the UK immigration process. To avoid mistakes that could slow down or hurt their application, many applicants choose to get help from experienced immigration lawyers in London or anywhere else in the UK.

Eligibility Requirements for Indefinite Leave to Remain

Refugee Status, Humanitarian Protection, or Discretionary Leave

You might be able to apply for Indefinite Leave to Remain in the UK if you meet one of the following conditions:

You have been given Refugee Status and have lived in the UK for five years in a row

You have been given humanitarian protection and have lived in the UK for five years straight.

You have Discretionary Leave to Remain, which means you can stay in the UK for up to 10 years, depending on the terms of your grant and the current Home Office policy.

You still need protection, and your immigration status hasn’t been taken away.

You have followed all of the UK immigration rules.

You don’t have any reasons to be refused, like being a criminal or not being suitable.

Why Legal Advice is Important for ILR Applications

• Most SET-P applications are decided within 6 months
• Complex cases may take longer, particularly where further checks or evidence are required

Delays are common and do not necessarily mean there is a problem with your case.

Exemptions for English Language Test for ILR

You can be  exempted from the English language requirement because at the date of application:

• • the applicant is aged 65 or over;
  • the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
  • there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK.

Exemptions from the Financial requirements for ILR

You will be exempt from meeting the income threshold if your sponsor receives one of these benefits: carer’s allowance, disability living, sever disablement, industrial injury disablement benefit, attendance allowance, personal independence payment, armed forces payments, constant attendance allowance, mobility supplement, war disablement pension or police injury pension.

Should you be exempt from the income threshold, you will need to meet the financial requirements by providing evidence of adequate maintenance.

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How long does it take to process a SET-M application?

The standard service for ILR applications is up to 6 months.

There is also an option for submitting application for super priority processing and a decision follows in the next 24 – 48 hours.

What Happens If My SET(P) Application Is Refused?

A refusal of your SET(P) Indefinite Leave to Remain application can be extremely distressing, but it does not always mean the end of the road. Many applicants are still able to resolve their immigration status with the right legal support.

Depending on your individual circumstances, you may be able to:

• Exercise a right of appeal against a SET(P) refusal

• Submit a fresh SET(P) or ILR application with corrected evidence

• Apply for a judicial review if the Home Office decision is unlawful or procedurally unfair

• Request an administrative review, where applicable

Common Reasons for SET(P) Refusal

SET(P) refusals often occur due to strict Home Office rules and complex documentation requirements. Applicants are commonly:

• Confused by Home Office guidance and immigration rules

• Worried about excessive absences from the UK

• Concerned about past immigration issues or visa overstays

• Affected by criminality or suitability grounds

• Missing key supporting documents or evidence

• Unclear about continuous residence requirements

What Happens after I have been Granted ILR under this Route ?

You are now a settled person in the UK. You can apply for Naturalization immediately after receiving your ILR.

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Why Choose Adam Bernard Solicitors?

Adam Bernard Solicitors is a well-known and trusted UK immigration law firm that gives expert legal advice to clients in London, the rest of the UK, and around the world. We are known for putting our clients first, giving clear advice, and having a high success rate in difficult immigration cases.

Trusted Immigration Solicitors in London & the UK

People choose us because we are:

• Top immigration lawyers in London
• UK immigration lawyers with a lot of experience
• Experts in spouse visas, indefinite leave to remain (ILR), SET(P), and settlement applications
• A well-known UK law firm that helps refugees, families get visas, and human rights cases
• We know that the rules for immigration to the UK are complicated and always changing. Our solicitors offer personalized legal solutions that make sure every application meets the requirements of the Home Office.

Why Our Clients Trust Us

Clients keep coming back to Adam Bernard Solicitors because we offer:

•  Professional immigration advice in the UK
• Help with ILR, settling down, appeals, and judicial review
•  Clear communication and honest legal advice
•  Help with urgent and complicated applications to the Home Office
•  A caring way to help clients who are weak or worried
• Proven experience working directly with the UK Home Office

We understand how stressful it can be to deal with immigration issues. We work closely with you to lower the risk, avoid rejection, and give your application the best chance of success.

Frequently Asked Questions