Indefinite Leave to Remain for Thai Spouses in the UK

ILR for Thai spouses in the UK is the stage at which an eligible spouse or partner can apply to stay without a time limit. If you are approaching the end of your qualifying period, it is sensible to check your application dates and start preparing the evidence early.

This guide focuses on settlement through the spouse or partner route. Your latest Home Office decision letter and immigration history determine which requirements apply.

What does indefinite leave to remain mean?

Indefinite leave to remain is commonly called settlement. It removes the time limit on your permission to stay in the UK.

ILR and British citizenship are separate stages. Settlement does not automatically give you British nationality or a British passport.

Check your settlement route first

Many Thai spouses hold permission on the five-year partner route. Others are on a ten-year route, so completing five years in the UK does not necessarily mean that you qualify.

Read your latest decision letter and check the basis on which permission was granted. If you are unsure, have your immigration history reviewed before starting the application.

When should you apply?

On the five-year route, you normally need five continuous years of qualifying residence as a partner. Time spent as a visitor or fiancé does not count towards this period.

You can normally apply up to 28 days before completing the qualifying period. Your existing permission must also be considered when calculating the application window.

Prepare early, but avoid submitting before you qualify. A mistaken date can cause an unnecessary problem even when the rest of your application is ready.

Evidence of your relationship

Your application needs to show that your relationship has continued and that you intend to live together permanently in the UK.

Keep documents showing your shared address over the relevant period. Where you have spent time apart, explain the circumstances and provide supporting evidence where appropriate.

Financial requirements for ILR

The financial requirement depends on when you entered the partner route and whether transitional arrangements apply. The same income figure does not apply to every applicant.

The £18,600 transitional arrangements

Applicants covered by the arrangements for partner applications made before 11 April 2024 usually remain subject to the £18,600 threshold, provided the relevant conditions are met. Certain dependent children can increase the amount required, subject to the applicable cap.

The £29,000 requirement

For applicants whose first qualifying partner application was made on or after 11 April 2024, the normal minimum combined income requirement is £29,000 a year.

Benefits, savings and other income

Where the partner receives a qualifying disability or carer’s benefit, adequate maintenance requirements may apply instead of the normal minimum income threshold.

Employment, self-employment, pensions, other permitted income and cash savings each have their own evidence requirements. The savings calculation for settlement can differ from the calculation used for an earlier spouse visa or extension.

Read our UK spouse visa financial requirements guide for related information.

English language and Life in the UK

Unless exempt, applicants must meet the English language requirement and pass the Life in the UK Test.

The English requirement for settlement is normally at least B1 in speaking and listening through an accepted qualification, or another recognised way of meeting the requirement. An A1 or A2 qualification alone is insufficient.

Check whether an existing qualification remains acceptable before paying for another test. Exemptions may apply because of age or a qualifying physical or mental condition.

What documents should you prepare?

Your document list should be tailored to your circumstances. Common items include:

• Passports and relevant immigration records.
• Your eVisa details and Home Office decision letters.
• Travel dates and information about absences from the UK.
• Evidence of your relationship and shared address.
• Financial documents for the income or savings category you rely on.
• Accommodation evidence.
• English language evidence and your Life in the UK Test reference, unless exempt.
• Documents for any dependent children applying with you.

Give yourself time to obtain missing records. Financial evidence should match the category used, and any gaps or changes in circumstances should be explained clearly.

Use the correct online application

Start with the current GOV.UK application for your settlement route. Old articles listing paper forms may no longer reflect the process.

Check your route before completing the form. A spouse or partner application has different requirements from settlement as a work visa dependant or through another category.

Can you apply for British citizenship afterwards?

British citizenship requires a separate naturalisation application and a separate assessment of eligibility.

If you are married to a British citizen, you do not normally need to wait another 12 months after receiving ILR. You must still satisfy the relevant residence, absence, good character and other requirements.

Applicants applying on another basis normally need to hold ILR for 12 months. Settlement should be obtained first, then citizenship eligibility checked before submitting the next application.

Help with your ILR application

Thai Visa Express can assist with checking your qualifying dates, reviewing the supporting evidence and preparing your application.

In-country UK applications are handled by our separate UK office. Paul Aslett is registered with the Immigration Advice Authority under registration number F200700163.

Visit Thai Visa Express UK for our UK office services.

This guide provides general information. Requirements can change, and your eligibility should be checked against the rules in force when you apply.