1. What is Indefinite Leave to Remain (ILR) for Spouses in the UK?
Indefinite Leave to Remain (ILR) allows a spouse of a British citizen or settled person to live, work, and study in the UK without immigration restrictions. This is a key step toward obtaining British citizenship and provides long-term security for non-UK spouses. To qualify, applicants must meet specific requirements related to residency, finances, English proficiency, and relationship stability.
2. Eligibility Requirements for ILR as a Spouse in the UK
To qualify for ILR as the spouse of a British citizen or settled person, you must:
- Have held a spouse visa or family visa in the UK for at least five years.
- Show that you and your spouse have been living together continuously and intend to continue doing so.
- Meet financial and income requirements to demonstrate financial stability.
- Provide proof of English language proficiency.
- Pass the Life in the UK Test as evidence of integration into British society.
3. Residency Requirement
The minimum residency period is typically five years for most applicants. During this time:
- You must not have spent more than 180 days outside the UK in any 12-month period within the five-year residency period.
- Evidence of continuous residence is required, such as utility bills, council tax statements, tenancy agreements, and bank statements in both partners’ names.
4. Financial Requirement for ILR as a Spouse
To meet the financial requirement, you and your spouse must demonstrate a minimum annual income of:
- £18,600 for the spouse applicant alone.
- An additional £3,800 for the first dependent child.
- An additional £2,400 for each subsequent child.
Documents Required to Prove Financial Stability:
- Pay Slips and Bank Statements: Covering at least six months to verify regular income.
- Self-Employment Records: For self-employed individuals, provide tax returns, business accounts, and other relevant financial documents.
- Savings Statements: If relying on savings, proof of the funds must be shown, with a minimum holding period of six months before applying.
5. English Language Requirement
Applicants need to demonstrate proficiency in English by providing one of the following:
- English Language Test Results: At least a B1 level on the Common European Framework of Reference for Languages (CEFR), taken at an approved test center.
- Academic Degree: If you hold a degree taught or researched in English, it may fulfill the requirement if recognized by UK NARIC (now Ecctis).
- Exemptions: Certain applicants may be exempt due to age, disabilities, or nationality from English-speaking countries.
6. Life in the UK Test
The Life in the UK Test is a requirement for ILR applicants to demonstrate knowledge of British culture, history, and values. Here’s what you need to know:
- Booking: The test must be booked online through the official Life in the UK Test website.
- Cost: The test costs £50.
- Passing Score: You need to correctly answer at least 18 out of 24 questions to pass.
- Preparation: Study guides and practice tests are available to help applicants prepare.
7. Required Documents for ILR Spouse Application
To complete your ILR application as a spouse, gather the following documents:
- Current Passport and Biometric Residence Permit (BRP)
- Marriage or Civil Partnership Certificate: Proof of the legal relationship.
- Proof of Co-Habitation: Joint documents over the last five years, such as utility bills, council tax statements, and bank statements.
- Financial Documents: Pay slips, bank statements, or self-employment records to meet the financial requirement.
- English Language Certificate: Evidence of English proficiency (if applicable).
- Life in the UK Test Certificate
8. Application Process for Spouse ILR
Step 1: Prepare Required Documents
Gather all required documents to demonstrate that you meet the residency, financial, relationship, and language requirements.
Step 2: Complete the Online Application
Submit the ILR application online through the UK Visas and Immigration (UKVI) website. Ensure all information is accurate and complete.
Step 3: Pay the ILR Application Fee
The current fee for an ILR spouse application is £2,404. Fees are subject to change, so confirm the amount before applying.
Step 4: Book and Attend a Biometric Appointment
After submission, book a biometric appointment at a UK Visa and Citizenship Application Services (UKVCAS) center. During this appointment, you’ll provide fingerprints and photographs.
Step 5: Wait for a Decision
Most ILR applications are processed within six months, but you may pay for priority processing for a faster decision.
9. Benefits of ILR for Spouses
Holding ILR grants spouses:
- No Time Limits on Stay: You can live and work in the UK without restrictions.
- Access to Public Benefits: Eligibility for public benefits and services, like healthcare and education.
- Pathway to British Citizenship: You can apply for British citizenship after 12 months with ILR.
- Freedom to Travel: No visa reapplication for re-entry after trips abroad.
10. Frequently Asked Questions
- How long do I need to be on a spouse visa before applying for ILR?
You need to hold a spouse visa for five years to be eligible for ILR. - Can I apply for ILR if my spouse is not a British citizen?
Yes, as long as your spouse is a settled person (holds ILR or permanent residence). - Is the Life in the UK Test required for all spouse visa holders?
Yes, the Life in the UK Test is required for ILR unless exempted due to age or disability. - What happens if I don’t meet the financial requirement?
Not meeting the financial requirement could result in a refusal. However, other means like savings or self-employment records may satisfy the criteria. - Can I travel while my ILR application is pending?
It’s advised to avoid international travel while your ILR application is in process, as leaving the UK may cause delays or affect your application.
11. Conclusion
Obtaining Indefinite Leave to Remain as a spouse in the UK is an important step towards permanent residency and eventual citizenship. Meeting residency, financial, and language requirements will ensure a successful application. By preparing your documents carefully, fulfilling the Life in the UK Test, and following each application step, you can gain ILR status and enjoy the benefits of settled life in the UK.