Spouses and partners
One of the quickest ways to get Indefinite Leave to Remain (ILR) in the UK is as the spouse or partner of a British permanent resident or citizen.If you are looking to settle in the UK as the spouse or partner of a British resident then you benefit from a reduced residence period before you can apply for ILR. However, there are different rules that apply to you as a result.
Remember that you have to have spent two years in the UK on a spouse or partner visa to qualify for ILR in this way. If you spend more than two years in the UK and then switch to a spouse or visa category you will only be able to apply for ILR after a further two years.
Check the below summaries to get make sure that you don’t get caught out when you make your application.
Husbands, wives and civil partners
You can apply for ILR as a husband, wife or civil partner if:
- you were given permission to enter or remain in the UK as a husband, wife or civil partner, and have completed a period of two years in that category
- you are still the husband, wife or civil partner of the person specified in your permission to enter or remain, and the marriage or civil partnership is ongoing and genuine (not a ‘marriage of convenience’, for example)
- you and your partner plan to live together permanently as husband and wife or civil partners
- you have adequate accommodation where both of you and any dependants can live without needing public funds. At least part of that accommodation (for example, a bedroom) must be for your and your partner’s sole use
- both of you can support yourselves and any dependants financially without needing public funds such as income support benefits
- you have demonstrated your knowledge of the English language and life in the UK, by passing the Life in the UK Test or a combined ESOL and citizenship course .
Unmarried/same-sex partners
You can apply for ILR as an unmarried or same-sex partner if:
- you were given permission to enter or remain in the UK as an unmarried/same-sex partner, and have completed a period of two years in that category
- you are still the unmarried/same-sex partner of the person specified in your permission to enter or remain, and the relationship is ongoing and genuine (not like a ‘marriage of convenience’)
- you and your partner plan to live together permanently as partners
- you have adequate accommodation where both of you and any dependants can live without needing public funds. At least part of that accommodation (for example, a bedroom) must be for your and your partner’s sole use
- both of you can support yourselves and any dependants financially without needing public funds such as income support benefits
- you have demonstrated your knowledge of the English language and life in the UK, by passing the Life in the UK Test or a combined ESOL and citizenship course .
Absences from the UK
There are no requirements in the Immigration Rules to the effect that you must have spent the entire two years of your qualifying period as a spouse or partner in the UK.
Instead, the UKBA advise that your application will be ‘judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK’. For instance, they clarify that a limited amount of time spent abroad for work will not count against you.
However, if you are granted entry to the UK as a spouse or partner and then spend the bulk of the two years outside of the UK without your partner, you should expect this to be counted against your application.
You should also be aware that whilst the rules regarding absence are generous for ILR, they are more strict if you go on to apply for citizenship. In order to qualify for citizenship you must be able to demonstrate that you have been living in the UK for three years. You are allowed a maximum of 270 days outside the UK in those three years. In the last twelve months before your application as well you are limited to 90 days outside of the UK.
Delayed entry to the UK
In some cases people apply for, and are granted, a visa to come to the UK but then are unable to travel straight away. If your arrival to the UK was delayed after your visa was granted then you should be aware of the following.
Under three months’ delay
If you arrived up to three months after your visa was granted then you should be able to apply for ILR without having to reapply or extend your stay. As long as you meet all of the other requirements then you should apply for ILR shortly before your leave to remain in the UK ends. The UKBA will then put your application on hold until you have completed two years residence.
This means you don’t have to apply for extension to stay or pay any extra fees.
Over three months’ delay
If you arrived more than three months after your visa was issued you will need to extend your stay using Form FLR(M). Once approved this will allow you to stay in the UK for another two years.
You are then eligible to apply for ILR once you have completed two years’ residence from your date of arrival to the UK. You will still need to meet all of the other requirements as stated above.
Settlement on arrival
There are a limited number of circumstances in which you can get ILR on arrival. You may be eligible for this if you meet the following requirements:
- you and your partner married or formed a civil partnership at least four years ago
- you have spent those four years living together outside the UK
- you are both coming to the UK to settle here together
- You have met the Knowledge of language and life in the UK requirement, for instance by taking and passing the Life in the UK test.






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