Applying for ILR After 5 Years on a UK Spouse Visa
Some people see time spent on a Spouse Visa as a bit like a ticking clock, waiting for the fifth anniversary. To clarify, that’s not your fifth wedding anniversary but five years of living in the UK on a Family Visa. When you meet the five-year residence requirement, you can apply for indefinite leave to remain (ILR).
In this article, our UK Immigration Lawyers explain how we can help you apply for settlement in the UK.
Contact OTS Solicitors Today for Expert Immigration Legal Advice.
Earliest date you can apply for ILR on a UK Spouse Visa
Most people think the earliest date you can apply for ILR if you are in the UK on a Spouse Visa or Partner Visa is five years. It is four years and eleven months, as UK immigration rules allow you to submit your settlement application before your Family Visa expires. The rules say your application can be submitted up to 28 days beforehand.
ILR lawyers advise that you don’t leave your ILR application until the last minute. That’s because you will be scrabbling around to get the paperwork you need to support your application, and your ILR lawyers will not be able to ensure that your ILR application is as polished and perfect as it should be to stand the best chance of Home Office success.
Changes to the earliest date you can apply for ILR on a UK Spouse Visa
Various political parties have announced immigration policies that include abolishing the Indefinite Leave to Remain status, extending the residence requirement from five years, or strengthening the eligibility criteria. The UK government is consulting on ILR changes, including extending the residence requirement. However, they have said that the extended residence requirement will not apply to Spouse Visa holders applying for ILR. Immigration Lawyers recommend that, given the uncertainty over future changes to Indefinite Leave to Remain, applicants apply for ILR as soon as they meet the criteria.
Staying in the UK after submitting an ILR application
Once your ILR application has been sent to the Home Office, you can stay in the UK until the outcome of the application is known, even if your Spouse Visa expires whilst your settlement application is under consideration. You are not classed as an overstayer for your immigration record if you submitted an ILR application before your Family Visa ended. If your ILR application is refused, you will need urgent immigration legal advice on your options and how to protect your immigration record whilst you explore the best route to take to enable you to remain in the UK.
What happens if you do not apply for ILR after five years on a UK Spouse Visa?
If your Family Visa is due to expire and you have been in the UK for nearly five years but do not want to apply for ILR, you can either switch to a different visa or leave the UK.
What you should not do is allow your Spouse Visa to expire. If you let your visa lapse, you will be classed as an overstayer. Overstaying will affect the success of your ILR application (if you later decide to apply for ILR). It will also affect the success of any alternate visa application or subsequent immigration application made from outside the UK to obtain UK entry clearance.
Applying for ILR after five years on a Spouse Visa
You can apply for ILR after five years on a Spouse Visa if you are the husband, wife, civil partner or partner of:
- A UK citizen, or
- A person who falls within the definition of a ‘settled person’ in the immigration rules.
If you are not sure about your partner’s status or whether they meet the definition of a settled person, our Spouse Visa Solicitors can help you.
In addition to your partner’s status, to obtain ILR after entering the UK on a Spouse Visa, you need to meet these eligibility criteria:
- You are in a genuine and subsisting relationship with your husband, wife, civil partner or partner.
- You meet the financial requirement.
- You have suitable accommodation available to you.
- You meet the English language requirement.
- You have passed the Life in the UK test – unless you are exempt from sitting the test.
- There are no general grounds to refuse your ILR application.
Applying for ILR and the relationship requirement
The key point about the relationship requirement is that you must be in a genuine relationship with your spouse or partner. The requirement is ongoing. That means you must be living with your sponsoring partner (unless there are unusual circumstances, such as a work secondment). You must also intend to continue living together. If you are planning to end your relationship, you will not qualify for ILR based on your five years of living in the UK on a Family Visa.
If you are experiencing domestic violence or your partner is terminally ill, contact our ILR Lawyers as the Home Office has two discretionary routes to cover these special circumstances.
Applying for ILR and the residence requirement
The residence requirement for ILR after entry on a Spouse Visa is five years. If your circumstances are a bit unusual, for example, you have spent a lot of time outside the UK whilst on the Spouse Visa, then it’s best to get immigration advice. Whilst there is no set absence threshold (unlike other routes to ILR ), Home Office officials may question your commitment to the relationship or to living in the UK if you have spent significant time outside the UK or away from your partner. A well-prepared settlement application can help ensure you get your ILR by explaining the situation, such as an absence due to a family illness or bereavement.
Applying for ILR and the accommodation requirement
The ILR accommodation requirement is similar to the one you need to meet to secure your visa. This can make you think you do not need to give any information about your living arrangements. However, you do need to do so even if you are living at the same address from where you made your Spouse Visa or Spouse Visa extension application. You also need to provide accommodation details, even if your sponsoring partner is a high earner, as it is evident that you can afford decent accommodation.
Just as with the Spouse Visa accommodation requirement, you do not have to be a homeowner, but you do need to provide sufficient information about your home circumstances so Home Office officials can confirm that this element of the ILR eligibility criteria is met.
Applying for ILR and the financial requirement
The ILR financial requirement for an application based on five years on a Spouse Visa is broadly the same as that for a Family Visa extension application.
Your financial circumstances, or those of your partner, may have changed since the date of your original Spouse Visa application or extension application. It is therefore important to give yourself sufficient time to get the correct financial documents for your ILR lawyer. The paperwork they need depends on whether you or your partner is self-employed, whether you have more than one job, or whether you are relying on investment or property income or cash savings of over £16,000.
If you are planning to rely on savings or self-employed income to evidence that you meet the financial requirement, the best advice is to give yourself plenty of time, as you may need proof going back months that isn’t readily available, or you may need to prepare business accounts.
Get help with your ILR application from OTS Solicitors
At OTS Solicitors, we have a dedicated team of Immigration Solicitors who specialise in Spouse Visa applications, visa extensions and Family Visa to ILR applications. Our team has substantial experience in ‘difficult’ settlement applications. Complex applications include situations where an applicant has spent a lot of time outside the UK whilst on a Spouse Visa, or where a family are struggling to prove they meet the financial requirement, because the sponsor has set up a new self-employed business.
Our Immigration Solicitors can help you with:
- An early review of your proposed ILR application so you know how best to meet the eligibility criteria and the documents you will need to support your application.
- Preparation of your ILR application and ensuring that it is tailor-made to your personal circumstances.
- Liaising with the Home Office to progress your application.
- Reviewing an ILR application submitted by your previous solicitors that has been refused and advising you on your appeal options.
- Advising you on how to get ready to submit your British citizenship application.
Our team's expertise has been recognised through inclusion in the 2026 editions of the Legal 500 and the Chambers Guide to the Legal Profession.
Contact OTS Solicitors Today for Expert Immigration Legal Advice.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil, Tagalog/Ilonggo, Urdu/Punjabi.
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