Indefinite leave to remain after spouse visa

After spending 5 years in the UK on a spouse visa (or a shorter 2 year period in more exceptional cases - see below), as a spouse, you are eligible to make an application for Indefinite Leave to Remain.

Spouses cannot access the 2-year accelerated ILR route. The spouse visa route requires completing the full 5-year qualifying period, regardless of circumstances or financial status. The only exception is for victims of domestic violence, who may qualify for immediate ILR under specific provisions.

The requirements, after 5 years residence, for a spouse Indefinite leave application include :-

1. English Language Requirement - You will again need to meet this requirement but for this application you must achieve Level B1 if you are taking an English Language test. Otherwise you can meet it through your degree in the UK if relevant or a degree in another country if you meet the NARIC requirements. You are exempt from meeting this requirement if you are a national of a majority English speaking country, over the age of 65 or have an illness which prevents you from taking the test.

2. Life in the UK test - You must complete the Life in the UK test to meet this requirement unless you are over 65 or have an illness which prevents you from taking the test.

3. Relationship requirement - You must show evidence of your relationship with your spouse, in particular evidence that you have continued to live together since the grant of your last visa.

4. Financial requirement - you must still meet the financial requirement of 18,600 either through your employment, self employment, cash savings etc.

5. Accommodation - You must still show evidence of where you are living with your spouse.

As the spouse of a British citizen, once you have been granted Indefinite Leave to Remain you are eligible to apply for British Citizenship straight away and I will talk about the requirements for this in my next blog.

Problems and pitfalls with spouse ILR applications

Many applications fail due to:

• Timing issues - Applying too early before completing full 5-year period, miscounting the qualifying period start date, not allowing for visa processing times, misunderstanding rolling 12-month periods for absences and/or overlooking gaps between visas that break continuity

• Documentation weaknesses - common refusal reasons include missing financial integration such as missing payslips or bank statements not covering full periods, gaps in proof of cohabitation and/or undeclared absences from UK.

• Trust issues - critical mistakes include not declaring past visa refusals, hiding previous overstaying, failing to mention visa breaches, incomplete travel history, undisclosed criminal matters

After an ILR application rejection, the main options are:

• Administrative review - must be filed within 28 days if decision contains factual errors

• Reapplication - addressing reasons for refusal with fresh evidence

• Switch to alternative visa category - if eligible for work, family, or other routes

• Appeal - only possible if human rights grounds exist (e.g., established family life)

Should you require any assistance with submitting an application for spouse indefinite leave to remain please do contact us.