Indefinite leave to remain (ILR) is the process through which a person is granted permanent settlement status in the UK, and is most commonly used by spouses and partners of British citizens or already settled people.

Being granted with ILR means there are no further immigration time limits or visa extensions for a person and allows them to live, work and study freely in the UK with no restrictions. The spouse of a British citizen who has been granted ILR status is now also eligible to apply for British citizenship themselves.

Prior to having ILR status, an applicant will usually be in the UK under a spouse visa, and they can apply for ILR after completing five years of continuous residence in the UK, although this must be while under the time restrictions of a valid visa.

A person can usually start the application for ILR up to 28 days before this five-year period is reached, in order to help with visa eligibility and to avoid any issues with lawful residence. There is an accelerated route to ILR status for exceptional circumstances, such as where a spouse is a victim of domestic violence or a bereaved partner where the British Spouse has passed away.

What are the requirements for achieving ILR status?

There are strict requirements against which any application for ILR status will be assessed. These include:

  • Financial requirement – In April 2024 a new minimum annual income threshold for the resident spouse was introduced, which is £29,000. The previous minimum threshold of £18,600 will only apply if the application was initially made before April 2024, and applies to the same partner. This income threshold can be met through employment, self-employment or through savings, but must be evidenced through payslips, bank statements and other documents. This information must cover the complete period under review.
  • Accommodation requirement – The applicant must demonstrate that they and their partner have suitable accommodation in the UK that is safe, not overcrowded and they have a legal right to live there. This must be evidenced with tenancy agreements, mortgage statements or letters from the owner of the property if owned by family or friends along with a copy of their ID document.
  • English language requirement – In order to have indefinite UK residence via ILR, the applicant must demonstrate they meet a higher level of English language comprehension than that required simply for a visa extension, usually B1 level. This applies where the applicant is coming from a country that doesn’t have English as the first language, but doesn’t apply if the applicant is over 65, or has an illness or condition which prevents them taking a test. This competence must be achieved through an approved test at an approved test centre and requires both speaking and listening skills.
  • Life in the UK requirements – An applicant is required to demonstrate a suitable competence by passing a ‘Life in the UK’ test. This is a test which covers basic British history, traditions and laws, and again must be an approved test carried out at an approved test centre. Likewise, you could be exempt from taking this test if you are over 65 and/or have an illness or condition which prevents you taking a test.
  • Good character requirements – The applicant will be assessed in terms of criminal convictions and any previous conduct relating to their immigration history. Any issues with invalid visas, overstaying on a visa or other breaches of immigration rules can impact on an application.
  • Relationship requirement – The applicant needs to show evidence that a relationship with a spouse is genuine and has remained genuine over the period since a previous visa extension was granted.

How to apply for ILR status

A spouse can complete a SET(M) form on the Home Office website in order to apply for ILR status, although this must be done while you have a valid visa. This form will ask about your personal circumstances and relationships, your financial and accommodation arrangements and your immigration history.

It is important that you are accurate, complete and consistent with the information requested, or your application could be delayed or refused. There is an application fee to pay when your form is submitted, along with a fee for providing biometric information but in most cases a free appointment can be found and booked if available.

To support your application you need to book an appointment to provide your biometric information. This is a mandatory step which involves leaving fingerprints and a photograph at an approved centre to confirm your identity. This is then submitted along with your application and supporting documentation.

The standard service for processing this application can take up to six months, though you can pay for a super priority service which provides a decision within 24 hours of the biometric appointment. The better organised and more complete the application is, the more likely it is that you will receive a decision quickly and successfully.

Common problems with spouse ILR applications

The most common reasons for ILR applications failing include:

  • Applying too early before the five-year period is achieved
  • Not applying within a visa expiry time
  • Misunderstanding rolling 12-month periods for absences or gaps and breaking the five-year continuity period
  • Missing documentation
  • Undeclared absences from the UK
  • Not declaring past immigration issues, such as overstaying or visa breaches
  • Not declaring criminal convictions

Specialist legal support with ILR applications

If an ILR application is refused, the applicant can apply for an administrative review if they feel the decision was based on a factual error or can be appealed if in the application you have mentioned Article 8 ECHR which is your right to a family life. Similarly, they can reapply if the reasons for refusal were relatively straightforward and based on something that is easily addressed, such as incomplete information or an accidental error in the information.

At Ison Harrison we have a strong team of immigration law professionals, who can help you with visa and indefinite leave to remain applications. We can support you in making the application to ensure you are eligible and that your application has a good chance of being successful. We can also advise you if you have had an application rejected and need to understand your options. So, for helpful and clear advice on indefinite leave to remain issues, contact Ison Harrison today.