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Partner route · 5 years
ILR after 5 years on a spouse or partner visa
The relationship test, the income test and the evidence test — what the Home Office actually checks at the settlement stage, and where most applications come unstuck.
The short answer
You can apply for ILR after 5 years on a partner visa if you are still in a genuine relationship, meet the financial requirement and pass the Life in the UK test with English at B1. The threshold is £29,000 (£18,600 for pre-April 2024 cases), the fee is £3,226 and decisions usually take up to 6 months.
Who qualifies on the five-year partner route
The five-year route applies where you were granted leave as the partner of a British citizen or of a person settled in the UK, and you have completed five years of continuous leave on that basis.
- Five years' continuous leave as a partner under Appendix FM, including any period of 3C leave while an extension was pending
- A relationship that is genuine and subsisting at the date of application
- You and your partner intend to live together permanently in the UK
- The financial requirement is met on the date you apply
- English at B1 in speaking and listening, plus a Life in the UK test pass, unless exempt
- No general grounds for refusal, such as a serious criminal record or false information in a previous application
Apply up to 28 days before you complete the five years. If your current leave expires before that window opens, you will need an extension first — running out of leave while waiting for the ILR window is one of the most common avoidable mistakes on this route.
The financial requirement at the ILR stage
Applicants often assume the income test ends when the visa is granted. It does not: the requirement is assessed again when you apply for settlement, using the same evidence rules in Appendix FM-SE.
| Your first partner application | Threshold | Savings needed if relying on savings alone |
|---|---|---|
| On or after 11 April 2024 | £29,000 | £88,500 |
| Before 11 April 2024 (same partner) | £18,600 | £62,500 |
Savings below £16,000 are disregarded. Above that, every £1 counts as £2.50 of annual income towards any shortfall, which is why the figures look large: £29,000 × 2.5 = £72,500, plus the £16,000 disregard.
What counts as income
- Employment income, including salaried and non-salaried pay, using the lowest of the six months before application where pay varies
- Self-employment income, evidenced through tax returns and business accounts
- Pension income, and some state benefits such as carers allowance and disability benefits
- Property rental income and dividends, subject to the specified evidence rules
- Savings held for six months, or from the sale of a property within the last six months
Overtime, bonuses and commission can be included if they are evidenced in the same way as salary. Cash savings held in a partner's name alone can still count if the partner is the sponsor and you provide the relationship evidence.
Exemptions worth checking
Some applicants are assessed on adequate maintenance instead of the minimum income: for example, where the sponsor receives certain disability benefits, or where a child is a British citizen and refusing leave would breach their right to family life. These exceptions are narrow and evidence-heavy, but they are the difference between refusal and settlement for a number of families.
Proving the relationship and cohabitation
A marriage certificate proves a marriage; it does not prove a relationship. The Home Office looks for a shared life: the same address, shared finances, shared responsibilities, and correspondence that arrives at that address over time.
Expect to supply around six items of correspondence for each year of the qualifying period, from at least three different sources. Good sources include:
- council tax bills and utility statements in joint names
- tenancy agreements or mortgage documents
- bank statements and credit card statements
- NHS, school and nursery letters for each of you
- insurance policies, mobile phone bills, and letters from the Home Office or HMRC
Documents should be spread evenly across the years, not clustered in the months before you apply. If you moved home, include evidence of both addresses and explain the dates.
English language and Life in the UK
Two separate requirements apply, and both must be met at the date of decision:
- Life in the UK test: 24 questions, 45 minutes, £50, pass mark 18. The pass notification does not expire.
- English at B1: a speaking and listening test from an approved provider, or a degree taught in English, or a passport from a majority English-speaking country. Test certificates are valid for two years for this purpose.
Exemptions exist for applicants aged 65 or over and for long-term physical or mental conditions that prevent you from sitting the test. A doctor's letter is required and is checked carefully.
English rules are changing
The Home Office has announced a higher English requirement for settlement, due to take effect in March 2027. If your application will be decided around that date, confirm the transitional position before you book a test. Our guide to the new rules tracks what is in force and what is only proposed.
If the relationship ends before ILR
The partner route depends on the relationship. When it ends, the route usually ends with it — with three important exceptions.
| Situation | Option | Key point |
|---|---|---|
| Your partner has died | Bereaved partner settlement | Apply immediately; the five-year period does not need to be complete. |
| You have experienced domestic abuse | SET(DV) | Immediate settlement is available, and a fee waiver can be requested. |
| You have separated and have a child in the UK | Parent route | A new five-year qualifying period normally begins. |
| You have another basis to stay | Work, study or private life | Switching depends on eligibility and on not overstaying. |
Do not wait for the current leave to expire before taking advice. Once you are without leave, options narrow sharply and the ten-year long residence clock is affected.
What our spouse route service covers
Fixed-fee legal work, with the Home Office fee paid separately by you.
| Included | Not included |
|---|---|
| Financial requirement calculation across income, savings and exemptions | Home Office fees, test fees, translations and courier costs |
| Document schedule for income, cohabitation and relationship evidence | Applications for dependants who do not qualify with you |
| Review of every document before submission, and representations | Divorce proceedings or family court work |
| Application submission, biometric booking and caseworker correspondence | Appeals and judicial review, quoted separately |
Our fixed fees are on the fees page. For the Home Office fee and timings, see fees and processing times.
Frequently asked questions
Does the £29,000 threshold apply to ILR, or only to the initial visa?
Both stages. The requirement is assessed again when you apply for settlement, and the evidence must be current at that date rather than carried over from the original application.
What happens to my ILR if my partner dies?
You can apply as a bereaved partner without completing five years. Supply the death certificate, evidence of the relationship and your immigration documents, and apply promptly rather than waiting for your current leave to expire.
Do we need to prove cohabitation?
Yes, across the whole qualifying period. Around six items a year from three sources, showing the same address, is the practical standard.
How do savings combine with income?
Savings above £16,000 count at £2.50 per £1 of shortfall. For example, £20,000 of savings covers a £1,600 annual shortfall. Savings must normally have been held for six months.
Can I still get ILR if we have separated?
Not as a partner. The parent route, a work route or private life may be available, but each starts a new qualifying period. Domestic abuse is the exception: settlement can be applied for immediately. See the family route guide.
Can my children be included?
Children under 18 who are not leading an independent life can usually be included, at £3,226 each. A child born in the UK can be registered as British once a parent has ILR.
Free eligibility check
The income maths is where cases fail
Send us your route, your income and your savings. We will calculate the requirement using the correct threshold before you commit to a fee.
No commitment. SRA-regulated solicitors.
Which threshold applies to you?
The date of your first partner application decides whether you are assessed at £29,000 or £18,600. That single date changes the evidence you need.
- Income and savings calculated against the right threshold
- Exemptions checked, including disability benefits
- Cohabitation evidence mapped across five years
No commitment. Reply within one business day. SRA-regulated solicitors.