In 60 seconds
- Primary authority: Appendix FM; "Indefinite leave to remain as the partner of a person" guidance.
- Core rule: ILR is granted after five years of qualifying spouse-visa leave (or 10 years on the longer route), subject to relationship, financial, and Life in the UK requirements.
- Documents: relationship evidence, financial evidence, English (B1), Life in the UK certificate, absence schedule.
- Timing: apply within 28 days of completing five years (or 10 years). Earlier applications are refused.
- Main risk: absences exceeding 180 days in any 12-month period during the qualifying period are scrutinised heavily.
- Reviewed by Denise Platter Cabrera, Esq. (CA Bar #298948, Certified Specialist — Immigration & Nationality Law).
The rule in plain English
The settlement route under Appendix FM grants indefinite leave to remain after five years of qualifying spouse-visa leave (the standard route) or 10 years (the route based on Article 8 ECHR). At each renewal point — initial 33 months, extension 30 months, and the ILR application — the applicant re-evidences the relationship, financial, and English requirements.
Read UK spouse visa document checklist (2026): what UKVI actually wants for the initial bundle and The UK spouse visa financial requirement in 2026: how to actually meet it for the financial evidence.
Who this guide is for
Likely fit
You are within 28 days of completing five years of leave as a partner; you have B1 English; you have passed Life in the UK; the relationship subsists.
Needs review
You have spent more than 180 days outside the UK in a single 12-month period; you have changed sponsor mid-route; you have switched between routes.
Usually not a fit
You are on the 10-year route and have only completed five years; you are within initial leave and have not yet extended; the relationship has broken down and you are pursuing the domestic-violence concession.
The five-year route
Initial entry clearance for 33 months, extended for 30 months, then ILR after a total of 60 months. Each stage requires fresh financial evidence and the relationship to subsist. Time spent outside the UK during the qualifying period is permitted but counted.
The 10-year route
Where the financial requirement cannot be met but Article 8 ECHR considerations apply (e.g., children settled in the UK, exceptional circumstances), leave can be granted on a 10-year route. Each stage is 30 months, with ILR after 120 months. The route is harder and longer but exists.
Documents at the ILR application
Relationship: marriage certificate, joint utility bills, joint bank statements covering the qualifying period, photographs across the relationship dated. Financial: most recent six months under one of Categories A–G (read The UK spouse visa financial requirement in 2026: how to actually meet it). English: B1 certificate from approved provider. Life in the UK: pass certificate. Absence: a schedule listing every trip outside the UK during the qualifying period with dates and reasons.
Absences from the UK
There is no absolute cap on absences for partners. UKVI evaluates whether the partners have lived together throughout the qualifying period and whether the relationship is genuine. Single absences exceeding 180 days require explanation; cumulative absences over 540 days are scrutinised heavily.
Common mistakes
Applying earlier than 28 days before the five-year mark.
Refused as premature.
Not retaining Life in the UK certificate from earlier renewal.
Fresh certificate required if not held; resit costs time.
Bank statements that fail the 28-day rule.
Financial requirement not met.
Single absence over 180 days with no explanation.
Scrutiny on whether the relationship subsisted.
Switching to a non-FM route mid-way without resetting the clock.
Qualifying period not satisfied.
Frequently asked questions
Do I need to retake Life in the UK at ILR?
Does B2 English suffice if I had B1 at extension?
Can I include time on a fiancé(e) visa toward the five years?
What if my partner died during the qualifying period?
Does cohabitation outside the UK count?
This guide is general information, not legal advice for your specific situation. A licensed attorney or regulated adviser should review your documents before you rely on a strategy or deadline.
The process at a glance
- 01Identify
Identify the required documents for your specific case
Every immigration or visa category has its own document requirements. Refer to the official checklist for your specific application type and personal circumstances.
- 02Prepare
Prepare each document according to specifications
Ensure each document meets the format, language, and validity requirements. Translations must be certified, photos must meet specifications, and fees must be paid in the correct form.
- 03Verify
Verify completeness before submission
Cross-check your document package against the checklist to ensure nothing is missing. Missing documents are the most common reason for processing delays or rejections.
- 04Submit
Submit your documents and retain copies
Submit the complete package through the designated channel. Keep certified copies or digital scans of everything you submit for your records.
Flashcards
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What you learned
End-of-guide quiz
3 questions
- 01
What happens if a partner applies for ILR earlier than 28 days before the five-year mark?
- 02
How does UKVI treat a single absence over 180 days on the partner route?
- 03
Which document is NOT required at the ILR stage for a partner?
0 / 3 answered
Official sources
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