Spouse visa to ILR in 2026: requirements, timing and the new settlement rules

If you came to the UK on a spouse or partner visa, indefinite leave to remain (ILR) is the step that ends the cycle of extensions. Once you have it, you can stay in the UK with your partner without a time limit, and in many cases apply for British citizenship straight away.

This guide is for people on the five-year partner route. It covers what you need, when to apply, and what the November 2026 settlement announcement means for you. If you are on a different route, my general ILR checklist covers work and other routes.

First, the good news about Earned Settlement

On 2 November 2026 the government confirmed plans to make 10 years the standard wait for ILR for many people. My ILR checklist explains the wider changes. Here is what matters for partners.

If your partner is a British citizen, the government has said you keep the five-year route. That was confirmed when the plans were first published in November 2025, and it remains the position.

Two points to be aware of:

  • The new rules are not law yet. They are expected from December 2026, phased in during 2027. Until then, ILR applications are decided under the current rules.

  • If your partner holds ILR or settled status but is not a British citizen, the position is less clear. Check the detail when the new rules are published, or ask an adviser to look at your case.

The five-year clock

You need 60 months (five years) on the partner route before you can settle. That is usually made up of:

  1. your first spouse or partner visa: 33 months if you applied from overseas, or 30 months if you switched inside the UK; then

  2. one extension of 30 months.

Time on a fiancé(e) visa does not count. Neither does time on any other visa before you switched to the partner route. Your clock starts on the date your partner visa began.

You can apply up to 28 days before you reach 60 months. Your current visa must still be valid when you apply.

What you need to show

At ILR stage, you meet the same core requirements as before, plus two new ones.

1. You are still in a genuine relationship and living together. Gather evidence spread across your time on the route: bank statements, council tax, utility bills or tenancy documents in both names or at the same address. Do not simply reuse the evidence from your last application.

2. The financial requirement. The level depends on when you first applied:

  • First applied before 11 April 2024, with the same partner: you usually stay on the earlier level of £18,600 a year, plus £3,800 for the first child and £2,400 for each further child included, up to a maximum of £29,000. Most people applying for spouse ILR before 2029 are in this group.

  • First applied on or after 11 April 2024: £29,000 a year. This group will not reach ILR until 2029 at the earliest.

If you rely on savings, they are counted differently at ILR stage than on your earlier applications. Check the calculation before you assume you meet it.

3. Suitable accommodation. The home must be available for you and your family, must not be overcrowded, and must not be paid for with public funds.

4. English at B1. This is a step up from the A1 and A2 levels you needed before. From 26 March 2027 it rises to B2 for most applications, so the date you apply matters. People aged 65 or over, and some people with a long-term medical condition, are exempt.

5. The Life in the UK Test. This is new at ILR stage. Book it early, and make sure the name matches your passport exactly.

6. Suitability. Criminal convictions, unpaid NHS charges or past immigration breaches can affect your application. Raise anything like this before you apply.

Paul's Practical Tip Check when your first partner application was made, not just when your current visa started. That one date decides whether you need £18,600 or £29,000, and it is easy to prepare for the wrong one.

What about time spent abroad?

Unlike most work routes, the five-year partner route has no fixed 180-day absence limit. But you must show that you and your partner have made the UK your home together. Long periods abroad, especially apart, need a clear explanation.

If you cannot meet the financial requirement

Some couples cannot meet the income level at ILR stage. There can be other options, including a longer route to settlement, but these cases are more complex. I will tell you at the start if your case needs a higher-level adviser.

What it costs

The Home Office fee is £3,226 per person, including each child. My fixed fee for a spouse ILR application is £1,200, and the £150 eligibility review is credited if you go ahead. My ILR checklist sets out the other costs.

There is no Immigration Health Surcharge to pay at ILR stage.

After ILR: British citizenship

If your partner is a British citizen, you do not have to wait 12 months after ILR before applying for citizenship. You can apply as soon as you hold ILR, if you also meet the other requirements. These include having been in the UK for the last three years, with no more than 270 days outside the UK in that time and no more than 90 days in the last 12 months.

Many couples plan ILR and citizenship together, which can save time and stop absences causing problems later. See my British citizenship service.

A simple timeline to work to

  1. Six months before: confirm your 60-month date and which financial level applies to you.

  2. Four months before: check your English evidence and book the Life in the UK Test.

  3. Three months before: start collecting relationship, income and accommodation evidence.

  4. One month before: check everything against the application form.

  5. Up to 28 days before your 60-month date: apply on form SET(M).

Frequently asked questions

Can I apply for ILR before my five years are up? Up to 28 days before you complete 60 months on the partner route. Not earlier.

Does my time on a fiancé visa count? No. Only time with permission as a spouse or partner counts.

Do I need £29,000 for ILR? Not if you first applied before 11 April 2024 and are still with the same partner. In that case the earlier level of £18,600 usually applies, plus amounts for children.

Will Earned Settlement make me wait 10 years? If your partner is a British citizen, the government has said you keep the five-year route. The new rules are not yet law.

Can my children apply with me? Children can usually apply alongside you. Each child pays the full Home Office fee, and the financial calculation may include them.

Can I travel while my application is being decided? Usually not. If you leave the UK, Ireland, the Channel Islands or the Isle of Man before a decision, your application will normally be treated as withdrawn.

Check your position before you pay £3,226

The most common problems at spouse ILR stage are the wrong financial figure, gaps in the evidence of living together, and English evidence that is no longer accepted. All of them can be spotted before you apply.

My fixed-fee eligibility review looks at your dates, income, evidence and English, and tells you in writing whether you are ready. The £150 fee is credited if you go ahead with my ILR application service. For the rest of the spouse route, see my spouse and partner visa service.

Every application is assessed on its own merits. Meeting the requirements does not guarantee approval. The decision remains with UK Visas and Immigration.

This guide is general information, not advice on your own circumstances. Rules change: check GOV.UK or speak to a regulated adviser before you apply.

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Preparing for ILR in 2026: dates, documents and the new settlement rules