UK Settlement (ILR) for Family and Spouse Visa Holders 2026 – Requirements, Costs and When to Use a Professional

Applying for UK settlement (ILR) on a spouse visa is the last big step of the five-year family route. Get it right and you are free of immigration control: no more renewals, no more Immigration Health Surcharge, and a clear path to citizenship. Get it wrong and you can lose a fee of around £3,000 and, in the worst cases, your lawful status.

The 2026 requirements are broadly the ones you met at entry and extension: a genuine, continuing relationship; household income of at least £29,000 or savings in its place; English at B1; a Life in the UK pass; and five years of lawful residence as a partner. What has changed is the landscape: the government is reforming settlement under an “earned settlement” model, and some details for family applicants are still being finalised.

This guide covers each requirement, the real costs, the timeline, and whether you need a solicitor and how to find a good one. It is general information, not legal advice; confirm the current rules on gov.uk before applying.

Who qualifies for ILR on the 5-year partner route?

You are on the five-year route if your partner is British, settled, or holds certain protection statuses, and you met the full financial and English requirements at every stage. After two grants of leave (33 months, then 30 months) you complete 60 months and become eligible for indefinite leave to remain.

If you were ever granted leave on exceptional circumstances rather than the full rules, you are probably on the ten-year route; your decision letters will say. Ten-year-route applicants can sometimes move to the five-year route at their next extension if they now meet the requirements, which a good adviser will spot.

The core conditions at the ILR stage are:

  • You are still in a genuine and subsisting relationship and intend to live together permanently in the UK.
  • You and your partner meet the financial requirement (£29,000 gross income, or the savings equivalent, or a combination).
  • You have adequate accommodation that is not overcrowded (see our guide to finding affordable UK housing).
  • You meet the English requirement, currently B1 on the CEFR scale.
  • You have passed the Life in the UK test.
  • You have no unspent criminal convictions or other suitability issues, and you have not breached immigration laws during the five years.

Continuous residence and absences

The partner route does not apply the strict 180-days-per-year absence rule used on work routes, but the Home Office still expects you to have lived in the UK with your partner throughout. Long or repeated trips abroad, particularly separate ones, invite questions about whether the relationship is genuine and whether the UK is your home.

Keep a record of every trip with dates and reasons, and explain any extended absence with evidence. Time spent on a different visa, such as a Student or Skilled Worker visa, does not count towards the five years on the partner route.

The financial requirement at the ILR stage

The threshold is £29,000 at the time of writing, unchanged since April 2024 despite earlier plans to raise it further. It is met by your partner’s income, your own income if you are working legally in the UK, cash savings of £16,000 plus 2.5 times any shortfall, pensions, or certain non-employment income, using the same evidence categories as the original visa.

The most common failure points are evidential, not financial. Salaried applicants need six months of payslips and matching bank statements if the job has been held for six months or more, or twelve months if not. Self-employed sponsors are assessed on their last full tax year, so a bad year for the business can derail an application. Our UK spouse visa guide explains the evidence categories, and they apply equally at ILR.

If you cannot meet the threshold you may be granted further leave on the ten-year route where refusal would breach your right to family life, but that adds years and repeated fees, so get professional advice first.

English and the Life in the UK test

English language

Currently you need B1 speaking and listening, proved by a Secure English Language Test (for example IELTS for UKVI Life Skills or Trinity GESE Grade 5), a degree taught in English confirmed by Ecctis, or nationality of a majority-English-speaking country. You are exempt if you are 65 or over or have a long-term condition. The government has proposed raising the settlement standard to B2; check gov.uk for whether and when that applies to partners.

Life in the UK test

The test costs £50, takes 45 minutes and has 24 questions on British history, values and everyday life, with a pass mark of 75 per cent. Book only through gov.uk; third-party sites charge more for the same appointment. A pass does not expire, so you do not need to sit it again if you passed for an earlier application.

What does ILR actually cost in 2026?

ItemTypical cost (2026)Notes
ILR application feeAround £3,000 per personSet by the Home Office; check the current figure on gov.uk
Immigration Health Surcharge£0Not payable on settlement applications
Life in the UK test£50Per attempt
Secure English Language Test£150–£200Not needed if already proved at B1 or exempt
Biometric enrolmentFree core appointments; premium slots cost extraBook early
Priority service (optional)£500 (priority) or £1,000 (super priority)Availability varies; not always offered for settlement
Regulated adviser or solicitor (optional)£1,000–£3,500 for a straightforward caseHigher for complex cases; always get a written quote

The fee is paid in full at the point of application and is not refunded on refusal, and each dependent child pays the full fee too. If you use a 0 per cent credit card or a small personal loan to spread the cost, factor the repayments into your household budget.

How to apply for ILR as a partner: step by step

  1. Check your eligibility date. You can apply up to 28 days before completing the qualifying period. Applying earlier than that leads to refusal, and the fee is lost.
  2. Pass the Life in the UK test and confirm your English evidence is valid.
  3. Gather financial evidence for the correct period, matched exactly to the rules for your income category.
  4. Collect relationship evidence spanning the whole period: joint tenancy or mortgage, council tax, bills, bank statements and travel records from several sources across the five years.
  5. Complete the online form (SET(M)) on gov.uk, pay the fee, and book a UKVCAS appointment to enrol biometrics or use the app if invited.
  6. Upload documents in clearly labelled files. Do not send originals unless asked.
  7. Wait for the decision. The standard service aims for six months, and you keep your existing rights, including the right to work, while it is pending.

Proposed “earned settlement” reforms: what we know

Since 2025 the government has been consulting on a settlement model under which the default qualifying period for many routes would rise to ten years, with reductions for higher earners and shortage roles, and extensions for people who have relied on public funds or committed offences. Early proposals indicated that partners of British citizens would keep a five-year route, but final rules and transitional arrangements had not been published for every route at the time of writing.

The practical advice is simple: if you are eligible now, apply now, because applications are decided under the rules in force when submitted. If your five years finish in 2027 or later, check gov.uk regularly for whether the family route is affected.

Do you need a solicitor or adviser?

Straightforward cases, where both partners are salaried, relationship evidence is extensive and there is no immigration history to explain, are often completed without professional help. Paid representation is worth considering if any of the following apply:

  • You are on, or think you might be on, the ten-year route and want to switch to the five-year route.
  • Your sponsor is self-employed, a company director, or relies on savings or overseas income.
  • You have had a previous refusal, overstayed, or have any criminal record, including driving offences.
  • The relationship has broken down, or you have experienced domestic abuse (a separate settlement route exists and is time-sensitive).

How to vet an adviser

In the UK it is a criminal offence to give paid immigration advice unless you are regulated. The adviser must be registered with the Immigration Advice Authority (formerly OISC) at the right level, or be a solicitor regulated by the Solicitors Regulation Authority (or the Law Societies of Scotland or Northern Ireland), or a barrister. Search the public registers by name before paying anything. Appeals and complex matters need IAA Level 2 or 3, or a solicitor.

Red flags and scams

  • Any promise of a guaranteed result, or “special contacts” at the Home Office.
  • No written client care letter or engagement terms setting out fees and scope.
  • Cash-only payment, or fees quoted far below the market with pressure to pay today.
  • Advice to omit information, alter documents or “keep it simple” by not mentioning a refusal.
  • Not being able to find the person or firm on the IAA or SRA register.

Ask for a fixed fee, a named regulated individual who will handle your case, and their complaints procedure. Law centres and some charities run free clinics if your budget is tight.

What changes after you get ILR?

You can take any job, run a business, study, and access public funds on the same basis as a citizen. Mortgage lenders treat ILR holders as standard applicants, which typically unlocks better rates and higher loan-to-value products than on a time-limited visa; our UK first-time buyer mortgage guide explains what to expect. If your partner is British you can usually apply for naturalisation as soon as ILR is granted. ILR lapses after two continuous years outside the UK, so treat it as permanent but not unconditional.

Frequently Asked Questions

Can I apply for ILR early if my spouse visa runs out?

No. You must complete the full qualifying period, minus the 28-day early-application window. If your leave expires before you reach that point, you apply for a further extension under the same route instead, and then apply for ILR when you become eligible.

What happens if my ILR application is refused?

Most refusals on the family route carry a right of appeal or administrative review, and the letter will say which. Your existing leave is usually extended while a timely appeal is pending. Appeal deadlines are short, so this is when professional help is most valuable.

Does my child need to apply separately?

Children who hold leave as your dependants apply on the same form and each pay the full fee. Children born in the UK to a parent who already had ILR at the time of birth are automatically British.

Is the £29,000 requirement checked again at ILR?

Yes. The financial requirement is assessed at every stage of the five-year route, including settlement, using the same evidence rules. Both partners’ UK income can be combined.

Bottom line

ILR on the partner route rewards preparation: the right evidence for the right period, a valid English result, a Life in the UK pass and a clean residence history. Budget around £3,000 per person plus test fees, apply as soon as the 28-day window opens, and use only an IAA-registered adviser or regulated solicitor if your case has any complexity.