This comprehensive guide covers the spouse visa ILR requirements for obtaining Indefinite Leave to Remain in the UK. Whether you're on the 5-year route or 10-year route, you'll learn exactly what the Home Office requires for settlement, including the SET(M) application process, current fees of £3,029, document requirements, and processing times. Understanding these requirements is essential for a successful transition from temporary spouse visa holder to permanent UK resident.
Understanding Spouse Visa ILR Requirements for UK Settlement 2026
Indefinite Leave to Remain (ILR) represents the final step in your immigration journey from UK Spouse Visa holder to permanent resident. Once granted ILR, you can live and work in the UK without immigration restrictions, access public funds, and after 12 months, apply for British citizenship. The spouse visa ILR requirements are set out in Appendix FM of the Immigration Rules and must be met in full for a successful application.
What Are the ILR Requirements for Spouse Visa Holders?
To qualify for ILR as a spouse visa holder, you must complete 5 years of continuous residence in the UK, remain in a genuine relationship with your British or settled partner, meet the financial requirement, pass the Life in the UK Test, demonstrate English language ability at B1 level, and have suitable accommodation. You must not have spent more than 180 days outside the UK in any 12-month period.
The Home Office assesses spouse visa ILR applications against specific eligibility criteria. Meeting all requirements is essential, as failure to satisfy even one criterion can result in refusal. Below are the core requirements you must meet:
5-Year Route vs 10-Year Route to ILR
Most spouse visa holders follow the 5-year route, but some may be on the 10-year route if they initially failed to meet certain requirements (such as the financial threshold) but were granted leave based on exceptional circumstances or Article 8 human rights grounds.
What is the Continuous Residence Requirement?
The continuous residence requirement means you must not have been absent from the UK for more than 180 days in any 12-month period during your qualifying period. A single absence exceeding 180 days will break your continuous residence and reset the clock on your ILR eligibility.
The Home Office calculates absences carefully. Even if you have multiple short trips that collectively exceed 180 days in a rolling 12-month period, this can break continuous residence. Keep detailed records of all your travel dates.
- Completed 5 years on spouse/partner visa (or 10 years on 10-year route)
- Still in a genuine, subsisting relationship with your sponsor
- Met financial requirement throughout qualifying period
- Passed Life in the UK Test
- Demonstrated English language at B1 level
- Have adequate accommodation
- Not exceeded 180 days absence in any 12-month period
- No serious criminal convictions or immigration breaches
How to Apply for ILR on a Spouse Visa (SET M)
Spouse visa holders apply for ILR using the SET(M) application form. You can apply online up to 28 days before completing your 5-year qualifying period. The application requires payment of £3,029, biometric enrolment at a UKVCAS centre, and submission of supporting documents proving you meet all eligibility requirements.
When Can You Apply for Spouse Visa ILR?
Timing is critical for your ILR application. Apply too early and your application will be refused; apply too late and you risk overstaying. The Home Office allows applications no earlier than 28 days before you complete your qualifying period.
- Earliest application date: 28 days before completing 5 years (or 10 years)
- Latest application date: Before your current leave expires
- Must be in the UK: You and all dependants must be present in the UK when applying
- Section 3C leave: If you apply before your visa expires, your leave is automatically extended until a decision is made
Step-by-Step ILR Application Process
The spouse visa ILR application follows a structured process through the Home Office online system:
- Step 1: Pass the Life in the UK Test (£50) and obtain B1 English certificate if needed
- Step 2: Complete the SET(M) application form online at gov.uk
- Step 3: Pay the application fee of £3,029 (plus any dependant fees)
- Step 4: Book a biometric appointment at a UKVCAS centre
- Step 5: Attend your appointment with all supporting documents
- Step 6: Wait for a decision (up to 6 months standard processing)
Spouse Visa ILR Fees and Processing Times 2026
The current ILR application fee is £3,029 per person, including dependants. Standard processing takes up to 6 months. Priority processing is available for an additional £500 (5 working days) or £1,000 for super priority (next working day). ILR applicants are exempt from the Immigration Health Surcharge.
ILR Application Fees 2026
For a family of four (two adults and two children), the total ILR fees would be £12,116 (4 × £3,029) for the application alone. For complete details on Home Office fees for ILR and citizenship, see our dedicated guide.
How Long Does the ILR Application Take to Process?
Standard ILR processing time is up to 6 months from when you provide biometrics. Priority service aims for 5 working days, and super priority aims for the next working day. These are targets, not guarantees, and complex cases may take longer regardless of service level chosen.
Processing times are measured from when you provide your biometrics and documents, not from when you submit the online application. During this time, you should remain in the UK, as travelling abroad can complicate your application and may be seen as breaking your continuous residence if the trip exceeds 180 days combined with other absences.
Documents Required for Spouse Visa ILR Application
A well-prepared document bundle is essential for a successful ILR application. Missing or insufficient evidence is one of the most common reasons for refusal. The Home Office expects comprehensive proof across all eligibility categories.
Essential Document Checklist
- Identity documents: Current passport and all previous passports showing UK visa stamps
- Relationship evidence: Marriage/civil partnership certificate, photos together, joint correspondence
- Cohabitation proof: Utility bills, council tax, bank statements showing same address
- Financial documents: 6 months of payslips, bank statements, employer letter, or business accounts
- English language: B1 SELT certificate or proof of exemption (degree taught in English, nationality)
- Life in the UK Test: Pass notification letter
- Accommodation: Tenancy agreement, mortgage statement, property inspection report if needed
- Travel history: Evidence of all trips outside the UK with dates
Common ILR Refusal Reasons and How to Avoid Them
Understanding why ILR applications are refused can help you avoid these pitfalls. The most common spouse visa refusal reasons apply equally to ILR applications, with additional scrutiny on the qualifying period and continuous residence.
What Happens If Your ILR Application Is Refused?
If your spouse visa ILR application is refused, you will receive a detailed refusal letter explaining the reasons. You may have the right to an administrative review if you believe the Home Office made an error in their assessment. Alternatively, you can submit a fresh application addressing the issues raised, though you will need to pay the full fee again. For complex cases, seeking advice from immigration solicitors is recommended before reapplying.
- ILR application fee is £3,029 per person (April 2025 rate)
- Apply using SET(M) form no earlier than 28 days before completing 5 years
- Standard processing takes up to 6 months; priority available for £500-£1,000
- Never exceed 180 days absence from UK in any 12-month period
- ILR applicants are exempt from the Immigration Health Surcharge
For official guidance on settlement as a spouse or partner, visit the gov.uk settlement guidance or review the Appendix FM Immigration Rules.
Frequently Asked Questions
What are the spouse visa ILR requirements in 2026?
The spouse visa ILR requirements include completing 5 years of continuous residence on the spouse visa route, remaining in a genuine relationship with your British or settled partner, meeting the financial requirement throughout, passing the Life in the UK Test, demonstrating English at B1 level, having adequate accommodation, and not exceeding 180 days absence from the UK in any 12-month period.
How much does spouse visa ILR cost in 2026?
The ILR application fee is £3,029 per person (as of April 2025). This applies to the main applicant and each dependant. Optional priority processing costs an additional £500 for a 5-day decision or £1,000 for next working day. You'll also need to budget for the Life in the UK Test (£50) and possibly an English language test (£120-£250). ILR applicants are exempt from the Immigration Health Surcharge.
How long does spouse visa ILR processing take?
Standard ILR processing takes up to 6 months from when you provide biometrics and submit documents. Priority service aims for a decision within 5 working days for an additional £500, while super priority aims for next working day for £1,000. These are target timeframes, not guarantees, and complex cases may take longer regardless of service level.
What is the SET(M) form for ILR?
SET(M) is the specific ILR application form for spouses and partners of British citizens or settled persons. "SET" stands for Settlement, and "M" refers to the marriage/partner route. The form is completed online through the gov.uk portal. It requires detailed information about your relationship, finances, accommodation, travel history, and immigration status throughout your qualifying period.
Can I apply for ILR before completing 5 years on a spouse visa?
You can apply up to 28 days before completing your 5-year qualifying period, but not earlier. Applying before this window will result in refusal and you will not receive a refund of the £3,029 fee. If you're on the 10-year route due to exceptional circumstances, you must wait until you've completed 10 years of continuous lawful residence.
What happens if I spend more than 180 days outside the UK?
Exceeding 180 days absence in any 12-month period breaks your continuous residence and resets the clock on your ILR eligibility. This applies whether through a single long trip or multiple shorter trips that combined exceed 180 days in a rolling 12-month window. You would need to start accumulating qualifying time again from when continuous residence resumed.
Do my children need to apply for ILR separately?
Yes, each dependent child must submit their own ILR application and pay the £3,029 fee separately. Children must meet the same continuous residence requirements and should be included in evidence of family life. They do not need to pass the Life in the UK Test or English language requirement if under 18, but will need these for citizenship later.
What if my relationship ends before I apply for ILR?
If your relationship ends before completing the qualifying period, you generally cannot apply for ILR through the spouse route. However, exceptions exist for victims of domestic violence (who can apply under the Destitution Domestic Violence Concession) or if your partner dies during the qualifying period (bereaved partner route). Professional immigration advice is essential in these circumstances to explore alternative options for remaining in the UK.