1. Applying for ILR Based on Marriage
For individuals married to a British citizen or someone with Indefinite Leave to Remain (ILR), the standard waiting period to apply for ILR is 5 years on a spouse or partner visa. However, there are exceptions for certain visa holders that may allow an ILR application in 3 years.
2. Eligibility for ILR After 3 Years of Marriage
Typically, you may be eligible to apply for ILR after 3 years if:
- You hold an Innovator Visa: If married to a British citizen or someone with ILR, Innovator Visa holders may apply for ILR after 3 years of continuous residence if they meet the business requirements.
- You are on a Global Talent Visa: Certain visa holders on the Global Talent route who are married to or in a partnership with a British citizen can qualify for ILR after 3 years if they meet contribution and achievement requirements.
- Other High-Value Visa Routes: In some cases, visa categories like the Investor Visa (Tier 1) allow accelerated ILR based on investment levels, not necessarily marriage.
For those on a spouse or partner visa (commonly a route for marriage-based settlement), the ILR application typically occurs after 5 years, following two 2.5-year visa periods.
3. Requirements for ILR for Spouse or Partner Visa Holders
To apply for ILR after 5 years on a spouse visa, you must meet the following:
- Continuous Residence: You must have lived in the UK with your spouse for 5 years.
- Relationship Requirements: You must still be in a genuine and ongoing relationship with your British or ILR-holding spouse.
- English Language and Life in the UK Test: Passing the Life in the UK Test and meeting English language proficiency (B1 level).
- Financial Requirement: You and your spouse must meet the financial requirement of £18,600 annually (higher if there are dependent children).
4. ILR Accelerated Routes Based on Exceptional Visa Categories
For visa types like the Innovator or Global Talent visa, which may allow earlier ILR after 3 years, additional requirements are usually tied to achievements, contributions, or investments. Here are examples:
- Innovator Visa: Requires proof of significant business growth or success.
- Global Talent Visa: Based on contributions in specific fields (e.g., arts, sciences, digital technology).
5. Frequently Asked Questions (FAQs)
Q1: Can I apply for ILR after 3 years if I am on a spouse visa?
A: No, the standard route for a spouse visa is 5 years before ILR eligibility. Exceptions apply only to specific visas like Innovator or Global Talent visas.
Q2: Do I need a Life in the UK Test for ILR after 3 years?
A: Yes, most ILR applications require a Life in the UK Test and English proficiency, regardless of the pathway.
Q3: Can I combine different visa categories to meet the 3-year requirement?
A: No, continuous residence typically must be on the same qualifying visa category to meet the accelerated ILR timeline.
Q4: What if my spouse is not a British citizen?
A: If your spouse does not have British citizenship or ILR, you may need to meet different residency requirements based on your visa.