Can I Apply for Indefinite Leave to Remain After a UK Spouse Visa?

when can i apply for ilr after spouse visa
Legally reviewed by: Sherena Lawrence In: Immigration

Indefinite Leave to Remain UK Spouse Visa

If you and your family have been living in the UK for a long period of time, you will most likely have set up your life here. Can I apply for indefinite leave to remain after a UK spouse visa is a question that you may have if your partner is also planning on submitting an application.

If you have been in the UK for a minimum of five years on your spouse visa, then it is likely that you can also begin the process of applying for indefinite leave to remain.

Contact us today for expert help applying for Indefinite Leave to Remain.

Can I apply for Indefinite Leave to Remain UK after Spouse Visa?

Indefinite Leave to Remain after a UK Spouse Visa is a conversion that is open to you if you have been living in the UK continuously for five years as the spouse of another UK visa holder. You will be offered the chance to apply if you have also fulfilled all of these requirements:

  • You can pass the English language test
  • You can prove that you have no unspent convictions
  • You can meet the ‘good character’ requirement
  • You can pass the life in the UK test

You must also be able to prove that you have been continually living in the UK and have not spent 180 days or more outside of the UK in the 12 months before submitting your application. If you can prove that you were affected by a serious illness, a natural disaster or a conflict that forced you to go over this amount of days, then you may still have a case.

Read more about Spouse visa applications.

What documents do I need to change to indefinite leave to remain from a UK spouse visa?

The basic documentation that you will need in order to apply for indefinite leave to remain includes:

  • An English language test certificate
  • A ‘Life in the UK’ pass certificate
  • Proof of your identity, such as your current passport or travel documents
  • Proof of your continuous residence, such as council tax statement, utility bills, mortgage statements or tenancy agreements
  • Recent bank statements
  • Recent payslips

Additionally, if you have to prove reasons as to why you have gone over your allowance of 180 days outside of the UK, you may have to provide:

  • Medical notes
  • Travel documents that can prove disruption
  • Birth or death certificates

For a full assessment of this documentation, contact our expert solicitors.

Can my children also apply for indefinite leave to remain?

As the parents of dependents, if either you or your partner are granted indefinite leave to remain then any children who are under the age of 18 can apply, regardless of how long they have been in the UK themselves.

How long does it take to get British citizenship after ILR?

After you have held your indefinite leave to remain status for a year, then you will be able to apply to naturalise and become a legally recognised as a British citizen.

Changing your UK spouse visa to Indefinite Leave to Remain with Cartwright King

Our expert immigration solicitors have a wealth of knowledge when it comes to applications like this, and we can make sure that the process is as smooth as possible for you and your family.

Contact us today for immigration assistance with indefinite leave to remain after a UK spouse.

Legal Disclaimer.

All advice is correct at time of publication.