Indefinite Leave to Remain for Spouses and Partners
Our immigration solicitors manage the risk and complexity of your ILR Spouse Visa application, so your family’s future in the UK stays secure.
If you are the spouse, civil partner, or unmarried partner of a British citizen or someone already settled in the UK, you can normally apply for Indefinite Leave to Remain (ILR) — known to the Home Office as SET(M) — after five continuous years in the UK on a partner visa. ILR removes all time limits on your stay, giving you the right to live, work, and study in the UK permanently and putting you on the path to British citizenship.
This page explains who qualifies, what it costs in 2026, the English language and residence requirements, what documents you need, and what to do if your application is refused. Call Adam Bernard Solicitors on 0207 100 2525 for a free case assessment, or book a video consultation via Zoom, Teams, WhatsApp, or Skype.
What is Indefinite Leave to Remain (ILR)?
Indefinite Leave to Remain — also called UK settlement or “settled status” — is an immigration status that lets you live and work in the UK with no time restrictions and no further visa applications. ILR holders can access public funds (if otherwise eligible), travel in and out of the UK freely, and, in most cases, are one step away from British citizenship.
For spouses and partners, ILR is usually the final stage of the five-year partner visa route: you enter on a Family visa, extend it after 2.5 years, and apply for ILR once you reach five continuous years of lawful residence as a partner. Because the eligibility rules, evidence requirements, and refusal grounds are detailed and change frequently, most applicants instruct an immigration solicitor rather than apply alone.
Am I eligible for ILR as a spouse or partner?
You can normally apply for SET(M) if you meet all of the following, in line with GOV.UK’s partner (family visa) settlement guidance:
- You have spent 5 continuous years in the UK with permission as the partner of a British citizen or person settled in the UK (time on a fiancé(e) visa or any other visa category does not count towards this).
- Your relationship with your partner is still genuine and subsisting.
- You meet the financial requirement (see below).
- You meet the English language requirement (B1) and have passed the Life in the UK Test, unless exempt.
- You have not been outside the UK for more than the permitted period during the qualifying five years (see Continuous Residence, below).
- You meet the general suitability requirements — no relevant unspent convictions, deception in a previous application, or other conduct that would make a grant undesirable.
Two related but different routes exist:
- The 2-year (or 10-year) domestic violence/bereaved partner route — if your relationship broke down because of domestic abuse, or your British/settled partner died, you may be able to apply for ILR sooner, without needing to complete the full five years. Our spouse and partner visa solicitors can assess this with you sensitively.
- The 10-year long residence route — a separate pathway for anyone who has accrued 10 years’ continuous lawful residence in the UK, which can include time on other visa types.
If your relationship ended, or you switched visa categories partway through, your route to ILR may be more complex — speak to a solicitor before applying, as an incorrectly timed application is a common cause of refusal.
Important update: proposed changes to settlement rules
In late 2025 the Home Office consulted on an “earned settlement” model that would extend the standard ILR qualifying period from 5 years to 10 years for most migrants. Partners and dependants of British citizens were explicitly excluded from that consultation and were set to keep a 5-year route. In June 2026, the House of Lords Justice and Home Affairs Committee went further, recommending the Government abandon the extension to 10 years altogether and rule out applying any new requirement retrospectively to people already here on current routes.
Nothing has changed yet — the five-year partner route remains the current law — but the direction of travel matters if you are close to qualifying or deciding when to apply. Read our full analysis: ILR 10-Year Rule: House of Lords Urges Government to Scrap It.
How much does ILR cost in 2026?
The Home Office fee for a SET(M) application made from within the UK, effective from 8 April 2026, is:
Service | Fee |
Standard application | £3,226 per applicant |
Priority service (decision within 5 working days) | +£500 |
Super priority service (decision by the end of the next working day) | +£1,000 |
Source: GOV.UK — Indefinite leave to remain: partner (family visa) and GOV.UK — Get a faster decision on your visa or settlement application.
Because ILR carries no time limit, the Immigration Health Surcharge does not apply to the ILR application itself — see GOV.UK: pay for UK healthcare as part of your immigration application for how the surcharge works on earlier stages of your visa journey.
Fees change at least annually and sometimes mid-year. Always confirm the current fee on GOV.UK or with your solicitor before submitting.
The English language requirement for ILR
Applicants aged 18 to 64 must show English language ability at CEFR Level B1 (speaking and listening), which you can meet by:
- Passing an approved English language test with a UKVI-approved provider
- Holding an academic qualification taught or researched in English, confirmed as equivalent by UK ENIC if the degree was obtained overseas
- Being a national of a majority English-speaking country
Full guidance and the list of approved tests is on GOV.UK: prove your knowledge of English for citizenship and settling.
Note: the standard is expected to change. The Home Office has confirmed a tightening of the English requirement for settlement applications from 26 March 2027, though the exact new level has not yet been finalised. If your qualifying date falls close to this cut-off, get advice early — it may be worth timing your application to apply under the current B1 standard.
Exemptions from the English language requirement
You may be exempt if, at the date of application:
- You are aged 65 or over
- You have a physical or mental condition that prevents you from meeting the requirement
- Exceptional circumstances outside your control prevented you from meeting the requirement
The Life in the UK Test
Applicants aged 18–64 must also book and pass the Life in the UK Test, a 24-question, multiple-choice test on British traditions, history, and everyday life. You can book the test and find approved test centres via GOV.UK: Life in the UK Test. The same exemptions that apply to the English language requirement generally apply here.
Continuous residence: how many days can I spend outside the UK?
To meet the continuous residence requirement, you should not normally be absent from the UK for more than 180 days in any rolling 12-month period during your five-year qualifying period, under the Home Office’s Continuous residence guidance. Absences are assessed cumulatively across the whole qualifying period, and the reason for travel (work, family emergency, medical treatment) can be relevant if you are close to or over the limit. If your circumstances involved extended time abroad, have a solicitor review your travel history before you apply — this is one of the most common, and most avoidable, reasons for refusal.
The financial requirement
If your current visa was granted before 11 April 2024, the minimum income requirement is £18,600 (plus additional amounts for dependent children — £3,800 for the first child and £2,400 for each subsequent child). If it was granted on or after 11 April 2024, the threshold rises to £29,000, plus the same child additions.
You can meet this through your own income, your partner’s income, savings, or a combination, under the rules in Appendix FM: financial requirement (accessible version).
Exemption from the financial requirement
You may be exempt if your partner receives one of the following: Carer’s Allowance, Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance, Personal Independence Payment, Armed Forces Independence Payment, Constant Attendance Allowance, Mobility Supplement, War Disablement Pension, or a Police Injury Pension. If exempt from the income threshold, you must instead show evidence of adequate maintenance for your household.
Documents you'll need for a SET(M) application
- Your current passport and any previous passports showing your immigration history
- Evidence of your current leave to remain (visa/BRP)
- A full record of any absences from the UK during the qualifying period
- Evidence of continuous residence in the UK for the last five years
- Payslips, bank statements, or other evidence meeting the financial requirement
- Evidence of the English language requirement (test certificate or qualifying degree)
- Confirmation of a pass in the Life in the UK Test
- Evidence the relationship with your partner remains genuine and subsisting (joint bills, tenancy agreements, correspondence, etc.)
How long does a SET(M) application take?
The standard service processes most applications within 6 months. If you need a faster outcome, the priority service (5 working days) and super priority service (end of next working day) are both available for an additional fee — see the fee table above. Delays beyond 6 months happen and do not necessarily indicate a problem with your case, but a solicitor can chase the Home Office and, in cases of unreasonable delay, escalate through pre-action correspondence.
What happens if my SET(M) application is refused?
A refusal is distressing but rarely the end of the road. Depending on the refusal reasons, you may be able to:
- Request an Administrative Review where the Home Office is alleged to have made a case-working error — see GOV.UK: Administrative Review guidance
- Submit a fresh SET(M) application with corrected or additional evidence
- Exercise a right of appeal, where one exists
- Apply for Judicial Review if the Home Office decision is unlawful or procedurally unfair — see our judicial review solicitors page
Our immigration appeals team reviews refusal letters quickly to identify the strongest route forward, since strict deadlines apply to each option.
Common reasons SET(M) applications are refused
- Excessive absences from the UK during the qualifying period
- Missing or insufficient supporting documents
- Confusion over which continuous residence period or visa route applies
- Past immigration issues, including previous overstaying
- Suitability concerns, including criminality
- Evidence that does not clearly show the relationship is genuine and subsisting
What happens after I'm granted ILR?
Once granted, you are a settled person in the UK with no time limit on your stay. As the spouse of a British citizen, you can normally apply for naturalisation as a British citizen immediately after receiving ILR — unlike most other routes, spouses of British citizens do not need to wait a further 12 months. See our dedicated guide to British citizenship by marriage for the full eligibility criteria.
Why choose Adam Bernard Solicitors
Adam Bernard Solicitors is a well-established UK immigration law firm advising clients in London, across the UK, and internationally, with offices in High Holborn (Central London) and Upton Park (East London). We are known for clear, honest advice and a strong record on complex immigration cases, including spouse visas, ILR/SET(M), settlement, and appeals.
Why clients choose us:
- Specialists in spouse visas, Indefinite Leave to Remain, SET(M), and settlement applications
- Experienced with appeals, administrative review, and judicial review
- Clear communication throughout your application
- Support with urgent and complex Home Office matters
- A track record working directly with UK Visas and Immigration
We understand how stressful immigration applications can be, and how much is riding on getting them right the first time. We work closely with you to reduce risk, avoid unnecessary refusal, and give your application the strongest possible chance of success.
Frequently Asked Questions
How long do I need to live in the UK before I can apply for ILR as a spouse?
How much does an ILR spouse application cost in 2026?
Do I need to pass the Life in the UK Test for ILR?
Will the ILR qualifying period really increase to 10 years?
What if my SET(M) application is refused?
Can I apply for British citizenship as soon as I get ILR?
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