Indefinite Leave to Remain (ILR)

The third step to settling in the UK under the Spouse visa category is the application for indefinite leave to remain in the UK. Indefinite leave to remain also means permanent residency in the UK.

You have to make an ILR application 28 days before the expiry of your leave to remain (granted at the extension stage). Technically, you may make this application after 5 years of living in the UK as the spouse/partner of your sponsor.

Who is eligible to make an ILR application under this category?

  • You continue to be in a genuine and subsisting relationship with your sponsor at the time of making the application
  • You and your sponsor have co-habited together from the time that you entered the country 5 years ago
  • You have spent adequate time in the UK of at least 60 months i.e. 5 years
  • You have demonstrated sufficient knowledge of English CEFR level B1 and the life in the UK through a KoLL test
  • You have sufficient funds to maintain yourself in the UK, as demonstrated in your previous application for leave to remain in the UK
  • You do not fall for refusal under any of the suitability requirements under ILR applications e.g. criminal convictions, deportation orders against you etc.

Indefinite leave to remain in the UK means that you are not subject to immigration control any longer. You would be allowed to work and live in the UK for as long as you may choose.

You would retain your nationality and still hold the passport of your country of nationality.