Indefinite Leave to Remain After a UK Partner Visa: Timeline, Rules and Life in the UK Test Explained Clearly

If you have been living in the UK on a partner visa, you might be wondering when and how you can apply for Indefinite Leave to Remain (ILR). You can apply for ILR after you have legally lived in the UK for five years on your partner visa, meeting specific requirements such as financial thresholds and passing the Life in the UK test. Understanding the timeline and rules is essential to ensure your application is successful.

The Life in the UK test is a key part of the process. It checks your knowledge of British history, culture, and laws, and passing it is mandatory before you apply for ILR. You will also need to prove you meet the financial requirements, which include showing a steady income or savings.

Knowing these steps will help you prepare properly and avoid delays. This guide explains the ILR timeline, the rules you need to follow, and what to expect from the Life in the UK test, so you are ready when it’s time to apply.

Pathways to Indefinite Leave to Remain After a UK Partner Visa

To get Indefinite Leave to Remain (ILR) through a UK partner visa, you usually follow one of two main timelines. The process depends on your visa type, relationship status, and time spent in the UK. Switching between visa categories can also change how and when you apply for ILR.

The 5-Year Route Explained

The most common path to ILR after a partner visa is the 5-year route. You need to live in the UK on a spouse or partner visa for 60 months (5 years). During this time, your relationship with your partner must be genuine and ongoing.

In these 5 years, you’ll often renew your partner visa every 2.5 years. After 5 years, you can apply for ILR, provided you meet all eligibility criteria. This includes passing the Life in the UK test and meeting financial requirements.

You must also not have spent more than 180 days outside the UK in any 12-month period within those 5 years. Meeting all these conditions is key to your ILR application being successful.

The 10-Year Route and Exceptions

Some visa holders follow the 10-year route under the UK’s long residence rules. This route allows you to apply for ILR after 10 continuous years of lawful residence in the UK. It covers various visa types beyond partner visas.

There are exceptions to the 5-year rule for certain partners if your relationship doesn’t fit standard requirements. For example, if you are granted concessions like those involving domestic violence, you might qualify for ILR sooner or under special rules.

You should check with UK immigration guidance or a legal expert if your case involves exceptions. These might affect your route to permanent settlement and what evidence is needed.

Switching Visa Categories and Implications

Changing your visa type while on a partner visa can affect your ILR timeline. For instance, if you switch to a work visa or another category, the 5-year clock may reset or change.

If you move between partner visas linked to different relationships, your ILR application might be delayed. The UK Home Office generally requires the relationship to be continuous and genuine.

Always keep track of your visa category and how it impacts eligibility for ILR. Switching visas can also change your financial and residency requirements, so careful planning is vital to avoid delays.

Timeline for ILR Application and Key Milestones

You will follow a clear timeline on your way from a UK partner visa to Indefinite Leave to Remain (ILR). This process involves knowing when to apply, the required steps over five years, and understanding the timescales for processing your application.

When to Apply for Indefinite Leave to Remain

You can apply for ILR once you have completed 5 years on a valid partner visa. This means 5 continuous years living in the UK with your spouse or partner. You must apply before your current visa expires.

It is important not to leave gaps in your visa or stay beyond your allowed time. Also, you must meet the residency requirements, which means not spending more than 180 days outside the UK in any 12-month period during those 5 years.

You should prepare to take the Life in the UK test and prove your English language ability as part of your ILR application. Applying too early or without meeting these criteria will cause your application to be refused.

Typical Steps from Partner Visa to ILR

The usual route to ILR from a partner visa includes these key milestones:

• Year 0: Arrival in the UK with a 2.5-year partner visa.

• Year 2.5: Apply to extend your partner visa for another 2.5 years.

• Year 5: Apply for Indefinite Leave to Remain (ILR).

During your visa period, you must maintain your relationship status and meet the financial threshold, which is currently £29,000 a year for most partner visa holders applying after 11 April 2024.

You should keep records like tenancy agreements, payslips, and communication with your partner to prove your continuous life together. This evidence is often requested during your ILR application.

Processing Times and Priority Services

ILR applications usually take about 6 months to process under standard service times. However, times may vary depending on the Home Office workload or complexity of your case.

You can opt for priority or super priority services to speed up the decision. Priority service can reduce waiting to around 5 weeks, while super priority can offer a decision within 1 to 5 working days, but it costs significantly more.

Keep in mind that priority services are not guaranteed and depend on Home Office availability. It is best to prepare all documents before submitting your application to avoid delays.

Eligibility Criteria and Required Documentation

To apply for Indefinite Leave to Remain (ILR) after holding a UK partner visa, you must meet clear conditions and provide specific evidence. You will need proof of your relationship, records of your residence in the UK without excessive absences, and confirmation that your living arrangements meet certain standards. Each of these areas is closely checked under the UK immigration rules.

Relationship and Cohabitation Proof

You must prove that you are in a genuine and subsisting relationship with your partner. This means showing you have lived together as a couple for at least two years if you applied for your partner visa before 2025, or meet the new rules applied since then. Official documents can include joint bank accounts, utility bills, council tax letters, and tenancy agreements.

Photos, communication records, and affidavits from friends or family may support your application. The Home Office expects you to show shared responsibility and commitment over time, not just short visits or occasional stays.

Continuous Residence and Absences

You need to prove continuous residence in the UK on a valid partner visa for usually five years before applying for ILR. Absences from the UK are limited; you should not have spent more than 180 days outside the UK in any 12-month period during those five years. Excessive or unexplained absences can delay or invalidate your application.

Keep travel documents, stamps, and flight tickets ready to demonstrate your time spent in the UK versus time abroad. The rules aim to confirm your genuine intention to settle permanently in the UK.

Accommodation Requirements

Your accommodation must be suitable and adequate for you and your partner. The Home Office checks that your home meets basic living standards without overcrowding. The address should be your main residence and stable, not temporary or rented for short periods only.

You must provide tenancy agreements, mortgage statements, or official letters confirming your living arrangements. You cannot rely on accommodation where the landlord says the space is shared by many unrelated people, which could breach housing rules relevant to the partner visa and ILR process.

Meeting the Financial and Language Requirements

To qualify for Indefinite Leave to Remain (ILR) as a partner, you must meet specific financial and language rules. You’ll need to show proof of income or savings that meet the set financial thresholds. You must also prove your English skills through approved tests or qualifications.

Financial Thresholds and Evidence

The current financial requirement for a partner ILR application is an income of at least £29,000 per year if you are applying on or after 11 April 2024. This threshold applies if you’re sponsoring your spouse or partner. You can meet this through employment, self-employment, or other legal income sources.

You must provide evidence such as payslips, bank statements, or tax returns for the last six months. If you're self-employed, submission of HMRC tax returns and business accounts is needed. The Home Office reviews your income carefully to ensure reliability.

Cash Savings Rules for ILR

If you do not meet the income threshold, you may use cash savings instead. The minimum amount is £62,500, held for at least six months before your application.

Savings must be in your or your partner’s name. Any joint savings counts only half. Evidence includes bank statements and financial institution letters confirming the funds and dates.

Cash savings can help if your income dips below £29,000 but you must clearly show the money is genuine and maintained.

English Language Requirement

To meet the English language requirement, you need to pass an approved English test at CEFR Level B1 or higher. Alternatively, holding a degree taught in English or being a citizen of an English-speaking country can qualify.

You must also pass the "Life in the UK" test, which proves knowledge of British history, culture, and laws. Both tests are mandatory for your ILR application. Certificates and results must be included as proof.

Failing these language steps can result in your ILR being refused, so it’s important to prepare well.

Life in the UK Test: Preparation and Importance

The Life in the UK Test is a key part of your Indefinite Leave to Remain (ILR) application. Understanding what it covers, how to prepare properly, and how to book your test are essential steps to pass the exam and move forward in the UK immigration process.

What the Life in the UK Test Covers

The test contains 24 multiple-choice questions, which you must complete in 45 minutes. It checks your knowledge of British history, culture, traditions, and the government system.

Topics include:

• British values and laws

• Significant historical events

• Key public institutions

• Everyday life and customs

Passing the test is mandatory for most ILR applicants. If you fail, your application for settlement can be refused. This makes it important to understand exactly what content you need to learn.

Preparing for the Test

To get ready, use official study materials based on the latest Life in the UK handbook. This book covers all the test subjects in detail. Many free practice tests are available online, helping you become familiar with the question style.

Create a study plan that covers all topics over several weeks. Focus on sections you find difficult. Practice exams will help you improve your speed and confidence.

Remember, guessing answers won’t help much. Understanding the material is key since incorrect answers can result in failure.

Test Centres and Booking

You can only book the test through the official government website. It is the only authorised service for scheduling the exam.

Tests are held at designated centres throughout the UK. When booking, you will choose a location and time that suits you. Test centres use computers for the exam, and you must bring valid ID on test day.

Make sure to book your test well in advance to secure your preferred date. Passing the test is required before submitting your ILR application, so plan ahead.

Rights and Next Steps After Obtaining ILR

Once you have Indefinite Leave to Remain (ILR), your status in the UK changes significantly. You gain the right to stay without time limits, with new freedoms and responsibilities. It also sets the stage for applying for British citizenship if you choose to do so.

Your Rights with ILR

With ILR, you can live in the UK permanently without needing visa renewals. You have the right to work for any employer or be self-employed without restrictions. You can also study without sponsorship or additional permissions.

You gain access to public funds if you meet eligibility requirements, such as certain benefits and housing support. Travel is allowed, but spending more than two years outside the UK can risk your ILR status. You do not require permission to remain or work, but you must obey UK laws and respect citizen rights.

Applying for British Citizenship

After holding ILR for 12 months, you can apply for British citizenship, provided you meet specific conditions. These usually include residency requirements, passing the Life in the UK Test, and proving English language proficiency.

You must also show good character, meaning no serious criminal records or breaches of immigration law. Citizenship grants you additional rights, such as voting and a British passport. The application process requires detailed documents and fees.

Potential Reasons for Losing ILR

While ILR is permanent, it can be lost under certain conditions. If you spend more than two consecutive years outside the UK, your ILR status may be revoked. You must maintain your connection to the UK.

ILR can also be withdrawn if you commit serious crimes or provide false information during your application. Losing ILR means you may have to leave the UK or apply for another type of visa. It is vital to follow all legal requirements to keep your status. At Athi Law, we specialise in tailored legal solutions. Whether you need a skilled worker visa solicitor, guidance on immigration for students or immigration for investors, our experts are here to help. Our trusted commercial lease solicitors and independent legal advice solicitors ensure your business and personal matters are in safe hands. Contact us today for professional legal advice!