How to Apply for ILR on the 2-Year Spouse Route in the UK

Indefinite Leave to Remain (ILR) grants permanent residency to foreign spouses of British citizens or settled residents, allowing them to live, work, and access benefits in the UK without immigration restrictions. Most spouse visas follow a 5-year route to ILR, but under specific circumstances, the 2-Year Route may apply. Here’s a comprehensive guide to eligibility, documentation, and application steps for the ILR 2-Year Route for spouses.

Table of Contents

1. What is the ILR 2-Year Route for Spouses?

The ILR 2-Year Route is an accelerated pathway for spouses who can apply for Indefinite Leave to Remain in the UK after two years, rather than the standard five-year route. This route is available only in limited circumstances, usually for those who entered the UK on a spousal visa or certain partner visas before April 9, 2012 and have maintained continuous residence since then.

Key Benefits of the ILR 2-Year Route:

Grants permanent residency after two years of continuous residence.
Provides access to the UK without the need for further visa extensions.
Permits full access to work, study, and public benefits.

This route is generally reserved for those who were granted entry on a spouse visa before the 2012 rule change, after which the 5-year route became standard.

2. Eligibility Requirements for the ILR 2-Year Route

To qualify for ILR under the 2-year route, applicants must meet specific criteria related to their residence, relationship, and visa history:

Pre-2012 Visa Entry: The applicant must have entered the UK on a spouse or partner visa before April 9, 2012 and followed the 2-year route before the 5-year route became standard.
Continuous Residence: The applicant must have resided continuously in the UK for two years, with minimal absences.
Genuine and Subsisting Relationship: Applicants must demonstrate that they are in a genuine and subsisting marriage or civil partnership with a British citizen or a settled resident.
Good Character Requirement: No criminal record or any breach of immigration conditions.

This 2-year route does not apply to recent spouse visa holders or those who arrived in the UK after the 2012 immigration changes.

3. Required Documents for the ILR 2-Year Route Application

The application for ILR requires extensive documentation to verify the applicant’s eligibility and compliance with the visa conditions. Here are the key documents required:

Personal and Identity Documents:

Passport: Current and previous passports showing the applicant’s entry and stay in the UK.
Biometric Residence Permit (BRP): If issued, showing previous visa status in the UK.
Proof of Relationship: Marriage certificate or civil partnership certificate to prove the relationship with a British citizen or settled resident.

Financial and Residence Documents:

Proof of Cohabitation: Documents such as utility bills, bank statements, council tax bills, and tenancy agreements in joint names, covering the past two years.
Evidence of Financial Stability: Bank statements, payslips, or proof of savings to demonstrate financial independence without public funds.

Additional Supporting Documents:

Life in the UK Test Certificate: Required for all ILR applicants as proof of knowledge about life in the UK.
English Language Requirement: Proof of English language proficiency, typically at CEFR Level B1. An English language test result, degree certificate, or other equivalent evidence may be used.

These documents ensure that the applicant meets all residency and financial requirements for ILR.

4. How to Apply for ILR on the 2-Year Route

Here is a step-by-step guide to applying for ILR under the 2-year spouse route:

Complete Form SET(M): This application form is for ILR applications by spouses and partners of British citizens or settled residents. The form is available on the UK government’s official immigration website.
Pay the Application Fee: As of 2024, the ILR application fee is £2,404. There is also an additional fee for the biometric appointment.
Book a Biometric Appointment: After submitting the application online, book an appointment at a UK Visa and Citizenship Application Services (UKVCAS) center to provide fingerprints and a photo.
Submit Required Documents: Upload scanned copies of required documents, including proof of relationship, residence, financial stability, and identity.
Attend the Appointment: Attend the biometric appointment to finalize your application. During this appointment, you may be asked questions related to your relationship or residency.
Wait for a Decision: Processing times typically range from 6-8 weeks, but some applications may take longer depending on case complexity.

Successful applicants receive a Biometric Residence Permit (BRP) with ILR status, confirming their right to stay in the UK permanently.

5. English Language and Life in the UK Test Requirements

To qualify for ILR under the 2-Year Route, applicants must meet specific English language and UK knowledge requirements:

English Language Requirement: All ILR applicants must prove English proficiency at B1 level or higher. Acceptable evidence includes passing an English language test recognized by UK Visas and Immigration (UKVI) or having a degree taught in English.
Life in the UK Test: Applicants must pass the Life in the UK Test, a multiple-choice exam covering British history, culture, and laws. The test costs £50 and can be booked online. A passing certificate is required for the ILR application.

Meeting these requirements demonstrates that the applicant is prepared to integrate into UK society.

6. Financial Requirement for the ILR 2-Year Route

Unlike recent spouse visas, the ILR 2-Year Route does not have a specific minimum income threshold. However, applicants must still demonstrate that they can support themselves without relying on public funds.

Financial Evidence Typically Includes:

Bank Statements: Recent statements showing savings or regular income.
Employment Proof: Payslips, employment letters, or self-employment tax returns.

Providing financial documentation assures the Home Office that the applicant can live independently in the UK.

7. Pathway to British Citizenship

After obtaining ILR, spouses of British citizens are eligible to apply for British citizenship. For those on the 2-Year Route, citizenship can be applied for immediately after obtaining ILR, provided they have been in the UK for at least three years.

Requirements for Citizenship:

Good Character Requirement: No serious criminal convictions or immigration breaches.
Residency Requirement: Must have been in the UK for three years and not spent more than 270 days outside the UK in those three years.
Application Fee: The citizenship application fee is £1,330, plus additional costs for biometric data and processing.

British citizenship provides full rights, including the right to vote, access public services, and obtain a British passport.

8. Frequently Asked Questions (FAQs)

1. Who qualifies for the ILR 2-Year Route?
Those who entered the UK on a spouse visa before April 9, 2012, are typically eligible for the 2-Year Route, provided they have maintained continuous residence and meet other requirements.

2. How long does it take to get ILR after the 2-Year Route?
Applicants on the 2-Year Route can apply for ILR after two years of continuous residence with a qualifying spouse visa.

3. Do I need to pass the Life in the UK Test for the 2-Year Route?
Yes, passing the Life in the UK Test is mandatory for ILR applicants.

4. Can I work in the UK with ILR?
Yes, ILR grants the right to work, study, and live in the UK without immigration restrictions.

5. How much does the ILR 2-Year Route application cost?
The ILR application fee is currently £2,404, excluding additional costs for biometrics and document uploads.

6. Can I apply for British citizenship immediately after ILR on the 2-Year Route?
Yes, spouses of British citizens can apply for citizenship immediately after receiving ILR, provided they have been in the UK for at least three years.