Indefinite Leave to Remain (ILR), also known as settlement, allows you to live, work and study in the UK without a time limit on your immigration permission. For many Thai spouses and partners living in the UK, it is the next step after their initial family visa and spouse visa extension.
Eligibility depends on your immigration route, qualifying residence and personal circumstances. This guide explains the main points to check, with particular focus on settlement through the spouse or partner route.
Preparing for your ILR application?
Send us your current visa expiry date, when you first entered the UK on your partner visa, and a brief outline of your circumstances. We can assess your route and explain the evidence you need.
Ask us on WhatsAppWhat does Indefinite Leave to Remain mean?
ILR removes the time limit attached to your permission to remain in the UK. You can normally work and study without the restrictions associated with a temporary visa, and claim benefits if you meet the relevant eligibility rules.
ILR does not make you a British citizen or automatically entitle you to a British passport. British citizenship is a separate application, followed by a passport application once citizenship has been granted.
Who can apply for ILR?
There are several routes to settlement, including qualifying family visas, work visas and long residence. There are also specific provisions for some bereaved partners and people whose relationships have ended because of domestic abuse.
The requirements differ between routes. Before preparing an application, check your latest Home Office decision letter and establish which settlement route you are following.
Use the official GOV.UK settlement checker to identify the relevant guidance.
ILR after a UK spouse or partner visa
On the five-year partner route, you normally need five continuous years in the UK with qualifying permission as a spouse or partner. Time spent in the UK as a fiancé, fiancée or proposed civil partner does not count towards this five-year period.
You must also satisfy the requirements that apply to your application, including your relationship, finances, accommodation, English language and knowledge of life in the UK.
If your permission was granted on a ten-year route, do not assume that five years of residence makes you eligible for settlement. Your immigration history and the rules for that route must be checked separately.
When can you apply?
For a family partner settlement application, the earliest application date is normally 28 days before you complete the required qualifying residence period. This is calculated against your qualifying residence, rather than simply counting back from your visa expiry date.
Applying too early can lead to refusal. You must also protect your existing immigration permission: if it expires before you become eligible for ILR, you may need a further extension first.
Check the dates before submitting or paying the application fee. The official ILR guidance for family visa partners explains the timing and eligibility requirements.
Financial requirements for partner settlement
On the five-year partner route, the financial requirement depends on your application history and whether transitional arrangements apply. Some applicants remain subject to the earlier income threshold, while others must meet the newer threshold.
If your sponsoring partner receives a qualifying disability or carer’s benefit, the adequate maintenance requirements may apply instead.
The evidence is just as important as the amount of income. Employment, self-employment, pensions, savings and other permitted sources each have their own documentary requirements. Check which rules apply before choosing the evidence to submit.
English language and the Life in the UK Test
For partner settlement, applicants aged 18 to 64 normally need to pass the Life in the UK Test and meet the English language requirement, unless an exemption applies.
Where an English test is used, the normal settlement requirement is an accepted qualification at B1 level or above in speaking and listening. An A1 or A2 qualification alone does not meet the B1 requirement.
Some applicants can meet the requirement through an eligible degree or another accepted basis. Check whether any previous qualification can be relied on before booking another test.
What documents will you need?
Your document list depends on the settlement route. For a spouse or partner application, the evidence will commonly include:
- Your passport, current immigration status and relevant Home Office decisions.
- Evidence of your partner’s identity and British citizenship or settled status.
- Evidence that your relationship continues and that you have been living together.
- Financial evidence required for your circumstances.
- Evidence of your accommodation.
- Life in the UK Test and English language evidence, where required.
- Travel history and explanations of relevant changes in your circumstances.
This is a general outline. A checklist should be tailored to your immigration history, family circumstances and the rules for your application.
How much does ILR cost?
The standard Home Office application fee for family-route ILR is currently £3,226 per applicant. Check the current fee before submitting, as government charges can change.
Biometric enrolment itself is free. Paid appointment options and additional services may involve separate charges. English tests, the Life in the UK Test and professional assistance are also separate costs where applicable.
Our professional fee for a standard ILR application is £995. We confirm the scope of work and any additional costs before you instruct us.
How long does an ILR application take?
For family-route settlement, the standard published processing time is normally up to six months after you provide your fingerprints and photograph.
A faster decision service may be available for eligible applications. Super priority currently costs an additional £1,000 per applicant and usually aims to provide a decision by the end of the next working day after a weekday biometric appointment.
Availability depends on the application route and booking options. Additional checks can delay a decision even where a faster service has been purchased.
See GOV.UK guidance on faster decisions for current eligibility and service standards.
Can you travel while your application is pending?
Do not travel outside the UK, Ireland, the Channel Islands or the Isle of Man while your in-country ILR application is awaiting a decision. Travelling outside this area will result in the application being treated as withdrawn.
Plan overseas travel around your application and obtain advice before making arrangements if you have an urgent reason to leave.
British citizenship after ILR
ILR and British citizenship are separate stages. Obtaining settlement does not automatically mean that you meet every requirement for naturalisation.
If you are married to or in a civil partnership with a British citizen, you may be able to apply for citizenship once ILR has been granted, without waiting another 12 months. You must still meet the applicable residence, absence, good character and other requirements.
Applicants using the usual naturalisation route who are not married to a British citizen normally need to have held settlement for at least 12 months, as well as meeting the other requirements.
Read our guide: Can my Thai wife get a British passport?
How Thai Visa Express can help
Thai Visa Express UK assists with in-country settlement applications. We can review your eligibility, calculate your application date, check supporting evidence and prepare the online application and covering representations.
UK immigration advice is provided through Thai Visa Express UK, regulated by the Immigration Advice Authority under registration F200700163. Paul Aslett has provided UK immigration advice since 2007.
Our Thailand office is a separate overseas consultancy. Applicants seeking ILR through the usual in-country routes must meet the UK application requirements; ILR is not an overseas spouse visa application submitted through VFS in Thailand.
Visit Thai Visa Express UK for UK application assistance, or contact us using the WhatsApp button above.