After five continuous years on the spouse and partner visa route — entry clearance plus FLR(M) — with the relationship genuine and subsisting throughout and the financial requirement met, you can apply for Indefinite Leave to Remain. Most applicants go through two stages: an initial spouse visa granting 33 months, followed by one FLR(M) extension of 30 months, before becoming eligible for settlement at the five-year mark. For full guidance on the spouse visa itself, see our spouse visa service page. For a full overview of all ILR routes and how we can help, see our ILR service page. For the complete eligibility breakdown, see our ILR requirements guide.
The FLR(M) to ILR Timeline
| Stage | Visa / Leave Type | Duration | Cumulative |
|---|---|---|---|
| Entry to the UK | Spouse visa (entry clearance) | 33 months | 33 months |
| First extension | FLR(M) — first leave to remain | 30 months | 63 months (5 years 3 months) |
| Settlement | ILR application | — | Eligible at 5 years from entry clearance grant |
The five-year qualifying period runs from the date entry clearance (the original spouse visa) was granted, not the date of arrival in the UK. Most applicants become eligible to apply for ILR after one FLR(M) extension — at the five-year mark from the grant of their original spouse visa.
Eligibility Rules for Spouse Visa ILR
- Five continuous years of leave as a spouse or partner (entry clearance + FLR(M))
- The relationship with your British citizen or settled partner is genuine and subsisting at the date of application
- The financial requirement has been met throughout the qualifying period — currently £29,000 gross annual income (2026 rate)
- Continuous residence — no more than 180 days outside the UK in any rolling 12-month window. See our 180-day rule guide
- Life in the UK test pass certificate
- English at B1 or above
- Adequate accommodation
Relationship Requirements
Unlike the initial spouse visa application, ILR does not require as extensive a relationship evidence bundle — but the Home Office does need to be satisfied that the relationship continues. You must provide evidence that you are still living with your sponsor at the date of application, evidence of ongoing cohabitation throughout the qualifying period (joint utility bills, bank statements showing shared address, council tax records), and if you are not currently living together, a credible explanation.
The Home Office may refuse ILR where it is not satisfied the relationship is genuine and subsisting, even if the five-year period has been completed. If your relationship has changed — separation, divorce, or other difficulties — take advice before applying. There are provisions that may still allow settlement in some circumstances.
Financial Requirements
The financial requirement applies throughout the five-year qualifying period, not just at the point of the ILR application. The Home Office expects evidence that the £29,000 threshold was met continuously. If your sponsor's income dropped below the threshold at any point — due to a career break, a period of self-employment, or a change in circumstances — this needs to be addressed in the application. A short period below the threshold with a clear explanation is less likely to cause a refusal than a sustained period with no explanation.
The minimum income threshold increased to £29,000 in April 2024. Applications submitted now will be assessed against this figure for the period since April 2024. Earlier periods in the qualifying period are assessed against the rules that applied at the time.
Documents Needed
- Current passport and all passports held during the qualifying period (both applicant and sponsor)
- BRP cards or digital status records for all leave during the qualifying period
- Life in the UK test pass certificate
- English language evidence
- Evidence of financial requirement — payslips, bank statements, P60s for the qualifying period
- Evidence of cohabitation throughout — joint utility bills, council tax, bank correspondence
- Evidence the relationship is genuine and subsisting at the date of application
- Evidence of adequate accommodation
For a full breakdown of acceptable documents and guidance on missing evidence, see our ILR documents checklist.
Common Mistakes on Spouse Visa ILR Applications
- Applying before the five-year qualifying period is complete — using the wrong start date
- Providing financial evidence only at the time of application, not throughout the qualifying period
- Failing to address a period when the financial requirement was not met
- Weak cohabitation evidence for the full five-year period — evidence from recent years only is not sufficient
- Not updating the Home Office when the sponsor changed address or employment during the qualifying period
Frequently Asked Questions
When can I apply for ILR on the spouse visa route?
After five continuous years from the grant of your original spouse visa (entry clearance). Most applicants complete one FLR(M) extension (30 months) and become eligible for ILR at the five-year point. Calculate your qualifying date from the entry clearance grant date, not your arrival date.
What if my sponsor and I are temporarily living apart?
Temporary separation — for work, family commitments, or other reasons — does not automatically end the spouse visa route. However, you must be able to demonstrate the relationship is still genuine and subsisting. If you are not cohabiting at the time of the ILR application, you will need a credible explanation and evidence that the relationship continues.
Does the financial requirement apply at every point during the five years?
The Home Office expects the financial requirement to be met throughout the qualifying period. A brief period below the threshold with a clear explanation is less likely to cause a refusal than a sustained period. Provide evidence covering the full five years and address any dips in income directly.
What happens if the relationship ended during the qualifying period?
If the relationship broke down and you are no longer in it, the standard spouse visa route to ILR will not be available. However, in some circumstances — particularly where there was domestic violence — there are alternative provisions that may allow you to remain. Take advice as soon as possible if your relationship has ended.
Can I include my children in the spouse visa ILR application?
Children who have been in the UK as dependants throughout your qualifying period can apply for ILR at the same time. Each pays the application fee and must individually meet the continuous residence requirements. Dependants aged 18–64 must also pass the Life in the UK test.
Need personalised advice?
This guide provides general information only. For advice tailored to your circumstances, speak to one of our immigration advisers.
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