Requirements For Indefinite Leave to Remain (ILR) as a Spouse or Partner

Discover the full requirements for Indefinite Leave to Remain (ILR) as a spouse or partner in the UK. Learn how to meet the financial threshold, use cash savings, and prepare a successful ILR application with expert help from Deluxe Law Chambers.

ILR Eligibility for Spouses and Civil Partners

If you are the spouse, civil partner, or unmarried partner of a British citizen or someone with settled status, you may apply for Indefinite Leave to Remain (ILR) in the UK up to 28 days before completing five years (60 months) under the 5-year partner route.

To qualify for ILR as a spouse or partner, you must meet the following criteria:

• You are in a genuine and subsisting relationship with your British or settled partner.
• You have completed 60 months of leave to remain as a partner under the 5-year route.
• You continue to meet the financial requirement under Appendix FM.
• You and your partner have suitable accommodation in the UK.
• You meet the English language and Life in the UK test requirements.
• There are no general grounds for refusal, such as criminal convictions or immigration breaches.

At Deluxe Law Chambers, our immigration solicitors can assess your eligibility and prepare a strong ILR application to maximise success.

Meeting the Financial Requirement for ILR as a Spouse

The financial requirement is one of the most common reasons for refusal in spouse ILR applications. It is crucial to provide accurate and specific evidence to meet the required income threshold.

Current Financial Thresholds:

• £18,600 – where there are no dependent children.
• £22,400 – with one non-British dependent child.
• +£2,400 – for each additional child.
• £29,000 – for those applying for ILR from 2029 onwards (if granted leave after 11 April 2024).

Ways to Meet the Financial Requirement:

You can meet the income threshold using one or more of the following sources:

• Income from employment or self-employment (applicant or sponsor).
• Dividends or income as a director/employee of a specified limited company.
• Non-employment income, e.g., rental income, stocks, or investments.
• Cash savings over £16,000, held for at least six months.
• State, private, or occupational pension.
• Certain UK maternity or bereavement allowances.

Note: Not all sources can be combined. For example, self-employment income cannot be combined with cash savings. Our solicitors will guide you on the best route based on your personal circumstances.

Cash Savings Rules for ILR: How They Differ

There is a key difference in how cash savings are assessed for ILR compared to initial and extension partner visa applications.

Initial/Extension Applications:

Formula:
(Savings – £16,000) ÷ 2.5 = Income Equivalent

Example:
(£62,500 – £16,000) ÷ 2.5 = £18,600

ILR Applications:

Formula:
Savings – £16,000 = Income Equivalent

So, to meet the £18,600 threshold:
£18,600 + £16,000 = £34,600 in savings required

This makes ILR more accessible through savings than earlier stages of the partner route.

ILR Cash Savings Requirement from 2029

If you’re applying for ILR from 2029 onwards and your leave was granted after 11 April 2024, the updated financial requirement of £29,000 will apply.

New Savings Thresholds:

• Initial/Extension: (2.5 x £29,000) + £16,000 = £88,500
• ILR Applications: £29,000 + £16,000 = £45,000

The reduced requirement for ILR means that significant savings can help you qualify more easily than during the earlier stages.

Future Increases to the ILR Minimum Income Requirement

The government may continue to raise the income threshold for spouses and partners. As of now, the next confirmed increase is to £29,000, with no specific timeline for further changes. We recommend preparing your application early and seeking legal advice if you’re unsure of future policy developments.

Speak to Our Immigration Solicitors Today

At Deluxe Law Chambers, our experienced immigration solicitors provide expert legal support with all aspects of spouse visas and ILR applications. We assist clients across the UK and internationally with:

• ILR after 5 years on a spouse visa
• Partner and marriage visa applications
• Financial requirement planning and documentation
• Fast-track and super priority ILR applications

📞 Call us on 01614644140
📧 Or complete our online enquiry form to book a consultation with an immigration expert today.

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