This comprehensive guide covers the UK Spouse visa ILR requirements for obtaining Indefinite Leave to Remain. 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, the updated £3,226 fee from 8 April 2026, document requirements, and processing times. Understanding these requirements is essential for a successful transition from temporary spouse visa holder to permanent UK resident — and the 5-year route remains confirmed unchanged for spouses of British citizens despite the 2025 White Paper "earned settlement" proposals.
Source: Appendix FM + Appendix Continuous Residence + Home Office fees schedule (8 April 2026)
Understanding Spouse Visa ILR Requirements for UK Settlement 2026
Indefinite Leave to Remain represents the final step in your immigration journey from UK Spouse visa holder 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 through naturalisation. The Spouse visa ILR requirements are set out in Appendix FM of the Immigration Rules, with absence rules governed by Appendix Continuous Residence.
The standard partner route progression: initial spouse visa (33 months entry clearance / 30 months in-country) → FLR(M) extension (30 months) → SET(M) ILR application after 5 years total → British citizenship eligibility after 12 months on ILR. The journey is well-defined and predictable for those who maintain continuous compliance throughout.
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 on the partner route, remain in a genuine relationship with your British or settled partner, meet the financial requirement (£29,000 or transitional £18,600), pass the Life in the UK Test, demonstrate English language ability at CEFR B1 level, and have suitable accommodation. You must not have spent more than 180 days outside the UK in any rolling 12-month period.
The Home Office assesses spouse visa ILR applications against specific eligibility criteria. Meeting all requirements is essential — failure to satisfy even one can result in refusal and loss of the £3,226 application fee.
5-Year Route vs 10-Year Route to ILR
Most spouse visa holders follow the 5-year route. Some are placed on the 10-year route if they initially failed to meet certain requirements (typically the financial threshold) but were granted leave on exceptional circumstances or Article 8 human rights grounds.
| Requirement | 5-Year Route | 10-Year Route |
|---|---|---|
| Qualifying Period | 5 years continuous residence | 10 years continuous residence |
| Financial Requirement | £29,000 (or £18,600 transitional) | Exceptions on Article 8 grounds |
| English Language | B1 level required | B1 level required |
| Life in the UK Test | Required | Required |
| Absences from UK | Max 180 days per 12-month rolling period | Max 180 days per 12-month rolling period |
| Application Form | SET(M) | SET(M) |
| Application Fee (Apr 2026) | £3,226 | £3,226 |
| Switching Routes | — | Can switch to 5-year if all standard criteria met (clock resets) |
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 rolling 12-month period during your qualifying period. The Home Office uses any 12-month window — not calendar years — so multiple shorter trips that combined exceed 180 days in any rolling window can break continuity. Exceptions exist for serious or compelling reasons, but relying on them is risky and requires substantial evidence.
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 — passport stamps, boarding passes, flight bookings, and Home Office stamps in old passports.
Permitted Absence Exceptions (Limited)
Under Appendix Continuous Residence, certain absences may not count toward the 180-day limit:
- Serious or compelling reasons: Serious illness of applicant or close relative, with medical evidence
- Travel disruption: Natural disasters, civil unrest, COVID-style restrictions (with documentation)
- Bereavement: Death of a close family member abroad, funeral and probate matters
- Crown service: Time abroad as part of HM Forces or UK government posting
- Following sponsor abroad: If accompanying a sponsor on a permitted overseas posting (with evidence)
Important: Employment or economic activity reasons are NOT considered exceptional and do not exempt absences from the 180-day rule. The exemption is narrowly applied — caseworkers exercise limited discretion.
- Completed 5 years on spouse/partner visa (or 10 years on 10-year route)
- Still in a genuine, subsisting relationship with the same sponsor
- Met spouse visa financial requirements (£29,000 or transitional £18,600)
- Passed Life in the UK Test
- Demonstrated English language at B1 level (speaking and listening)
- Have adequate accommodation meeting Housing Act standards
- Not exceeded 180 days absence in any rolling 12-month period
- No serious criminal convictions or immigration breaches
- Not subject to deportation order or exclusion direction
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. From 8 April 2026, the application costs £3,226 per applicant, plus optional priority/super priority service. The application requires biometric enrolment at a UKVCAS centre and submission of supporting documents proving you meet all eligibility requirements. ILR applicants are exempt from the Immigration Health Surcharge.
When Can You Apply for Spouse Visa ILR?
Timing is critical. Apply too early and your application will be refused with no fee refund; apply too late and you risk overstaying. The Home Office allows applications no earlier than 28 days before completing your qualifying period.
- Earliest application date: 28 days before completing 5 years of continuous residence (or 10 years on 10-year route)
- Latest application date: Before your current FLR(M) leave expires
- Calculate from: The date your first spouse visa was granted (or entry date if applied from outside UK and arrived later)
- Must be in the UK: You and all dependants must be physically 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
- Step 1: Pass the Life in the UK Test (£50) and obtain B1 English certificate if not exempt
- Step 2: Gather your evidentiary bundle (relationship, financial, accommodation, travel history)
- Step 3: Complete the SET(M) application form online at gov.uk
- Step 4: Pay the £3,226 application fee (plus any dependant fees)
- Step 5: Book a biometric appointment at a UKVCAS centre (Sopra Steria or VFS Global)
- Step 6: Attend appointment with all original documents and certified translations
- Step 7: Wait for a decision — up to 6 months standard, 5 working days priority, next day super priority
- Step 8: Receive eVisa via UKVI online account (BRPs no longer issued for new applications)
Spouse Visa ILR Fees and Processing Times 2026
From 8 April 2026, the SET(M) ILR application fee is £3,226 per person — increased from £3,029. This applies to the main applicant and each dependant. 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 from 8 April 2026
| Fee Type | Cost (from 8 April 2026) | Notes |
|---|---|---|
| SET(M) ILR Application | £3,226 | Per applicant — increased from £3,029 |
| Priority Service | +£500 | Decision within 5 working days |
| Super Priority Service | +£1,000 | Decision by next working day |
| Life in the UK Test | £50 | Per attempt — repay if you fail |
| B1 English Test (SELT) | £120-£250 | If not exempt or already passed |
| Immigration Health Surcharge | Exempt | ILR applicants do not pay IHS |
| British Naturalisation (after 12 months ILR) | £1,709 | Optional — for citizenship |
Family Cost Calculations
| Family Composition | ILR Application Fees | With Super Priority |
|---|---|---|
| Single applicant | £3,226 | £4,226 |
| Couple (2 applicants) | £6,452 | £8,452 |
| Family of 3 (parent + 2 children) | £9,678 | £12,678 |
| Family of 4 (2 adults + 2 children) | £12,904 | £16,904 |
For complete details on Home Office fees for ILR, BRP and citizenship, see our dedicated fees guide. Note that British naturalisation after ILR adds a further £1,709 per applicant.
How Long Does the ILR Application Take to Process?
Standard ILR processing time is up to 6 months from when you provide biometrics and submit documents. Priority service aims for 5 working days, and super priority aims for next working day. These are targets, not guarantees, and complex cases (especially those involving extensive travel history, prior refusals, or financial complexity) 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 processing, you should remain in the UK as travelling abroad can complicate your application and may be seen as breaking continuous residence if combined with other absences.
Documents Required for Spouse Visa ILR Application
A well-prepared document bundle is essential for ILR success. Missing or insufficient evidence is one of the most common reasons for refusal. The Home Office expects comprehensive proof across all eligibility categories spanning your entire 5-year qualifying period. For the complete document checklist with evidential standards, see our UK Spouse visa documents.
Essential Document Checklist
- Identity documents: Current passport AND all previous passports showing UK visa stamps and travel history
- Relationship evidence: Marriage/civil partnership certificate, photos spanning the 5-year period, joint correspondence
- Cohabitation proof: 6+ pieces of evidence per year showing same address — utility bills, council tax, joint bank statements, tenancy/mortgage
- Financial documents: 6 months of payslips, bank statements, employer letter on headed paper, OR self-employment accounts (Cat F/G)
- English language: Valid B1 SELT certificate or proof of exemption (degree taught in English verified by Ecctis, or majority English-speaking nationality)
- Life in the UK Test: Pass notification letter (no expiry — past pass remains valid)
- Accommodation: Tenancy agreement, mortgage statement, or property inspection report if needed for shared/family arrangements
- Travel history: Detailed list of every trip outside UK with dates, plus boarding passes/passport stamps for verification
- Continuous leave proof: All previous BRPs, decision letters, or eVisa records showing unbroken legal status
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.
| Refusal Reason | How to Avoid |
|---|---|
| Excessive absences from UK | Track all travel carefully; never exceed 180 days in any rolling 12-month period |
| Failing financial requirement | Ensure income meets threshold throughout — both partners' income can be combined at ILR stage |
| Insufficient relationship evidence | Provide joint bills, bank accounts, photos, correspondence spanning the entire 5-year period |
| Missing Life in the UK Test | Pass before applying; include certificate with application |
| English language not met | Obtain valid B1 SELT certificate or verify exemption applies |
| Applying too early | Wait until within 28 days of completing qualifying period |
| Inconsistent travel declarations | Declare every trip accurately — discrepancies trigger refusal under suitability |
| Break in continuous leave | Apply for extensions before leave expires to maintain unbroken legal status |
| Accommodation overcrowded | Verify against Housing Act 1985 standards; obtain inspection report if shared |
What Happens If Your ILR Application Is Refused?
If your spouse visa ILR application is refused, you'll receive a detailed refusal letter explaining the reasons. Options include:
- Administrative Review: Available if you believe the Home Office made an error in assessment — strict 14-day window from refusal
- Appeal: If refused on human rights grounds, you may have a right of appeal to the First-tier Tribunal — see our UK Spouse visa refusal appeal process guide
- Fresh application: Submit a new application addressing the issues — full £3,226 fee payable again
- Extend FLR(M): If close to qualifying period but not quite there, extend leave and reapply when fully eligible
- ILR application fee from 8 April 2026: £3,226 per person (increased from £3,029)
- Apply with SET(M) form no earlier than 28 days before completing 5 years
- Standard processing: Up to 6 months; priority +£500 (5 days); super priority +£1,000 (next day)
- 180-day rolling rule: Never exceed 180 days absence in any 12-month rolling period
- 5-year route confirmed unchanged: Spouses of British citizens exempt from 2025 White Paper "earned settlement" 10-year proposals
- ILR exempt from IHS: No Immigration Health Surcharge payable on settlement applications
- English level at ILR: CEFR B1 (higher than A1 initial / A2 extension)
- Family of 4 ILR cost: £12,904 (4 × £3,226) — significant family budget consideration
- Citizenship after 12 months ILR: Naturalisation fee £1,709 — see Home Office fees guide for full breakdown
Frequently Asked Questions
UK Spouse Visa ILR: FAQs
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 (£29,000 or transitional £18,600), passing the Life in the UK Test, demonstrating CEFR B1 level English, having adequate accommodation, and not exceeding 180 days absence from the UK in any rolling 12-month period. Spouses of British citizens are exempt from 2025 White Paper proposals to extend the qualifying period to 10 years.
How much does spouse visa ILR cost in 2026?
From 8 April 2026, the ILR application fee is £3,226 per person — increased from £3,029. 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 super priority. 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. A family of four pays £12,904 in application fees alone.
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 — complex cases involving extensive travel, prior refusals, or financial complexity may take longer regardless of service level. Processing time is measured from biometric appointment, not application submission.
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 5-year qualifying period. Other ILR routes use different forms — SET(O) for work, SET(LR) for long residence.
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 £3,226 fee. Calculate the date carefully from when your first spouse visa was granted (or from your UK arrival date if applied from outside the UK). 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 rolling 12-month period generally breaks 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 any rolling window. Limited exceptions exist for serious or compelling reasons (illness, bereavement, natural disasters) but require strong evidence and are not guaranteed. Employment or economic activity reasons do not qualify as exceptions.
Do my children need to apply for ILR separately?
Yes — each dependent child must submit their own ILR application and pay the £3,226 fee separately. Children must meet the same continuous residence requirements (180-day rolling rule applies) and should be included in evidence of family life. Children under 18 do not need to pass the Life in the UK Test or English language requirement, but will need these for citizenship later. Children born in the UK to a parent with ILR are British by birth and don't need ILR applications.
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, important exceptions exist: (1) victims of domestic violence can apply under the Destitution Domestic Violence Concession or SET(DV); (2) if your partner dies during the qualifying period, you may qualify under the Bereaved Partner ILR route; (3) you may switch to another visa category (work, study) if eligible. Professional immigration advice is essential in these circumstances.
Will I lose my ILR if I leave the UK after settlement?
ILR does not expire by date, but you can lose it if you stay outside the UK continuously for more than 2 years. If you're planning extended travel after ILR, consider applying for British citizenship first (eligible 12 months after ILR) — citizenship cannot be lost by absence. Alternatively, if you've already lost ILR through prolonged absence, a Returning Resident visa may allow you to re-establish settled status. Evidence of strong UK ties helps in such applications.
For official guidance on settlement as a spouse or partner, visit the gov.uk settlement guidance or review Appendix FM Immigration Rules and Appendix Continuous Residence.