Indefinite Leave to Remain (ILR) Under Family Visa Routes

If you have been living in the UK under a family visa, you may be eligible to apply for Indefinite Leave to Remain (ILR) once you have completed the relevant qualifying period and satisfied the applicable Immigration Rules.

Obtaining ILR is an important step because it allows you to live, work and study in the UK without a time restriction. You may also access public funds where eligible and, subject to meeting the relevant requirements, subsequently apply for British citizenship.

At Premium Solicitors, our experienced immigration solicitors provide specialist legal advice and representation for all types of ILR applications under the family visa route, including applications as a spouse, civil partner, unmarried partner, parent or dependent child.

We can assess your immigration history, identify the correct settlement route, calculate your qualifying residence and prepare a comprehensive application supported by the required evidence.

• Page Contents
• Free Immigration Advice
• Family Visa ILR Applications
• When Can You Apply?
• Documents for Family Visa ILR
• Common Refusal Reasons
• How to Challenge a Refusal?
• How Our Solicitors Can Help
• Our Team of Immigration Solicitors
• Book an Appointment
• Get a Quote
• Frequently Asked Questions (FAQs)

Free Immigration Advice for ILR Family Visa Route

Our specialist team of family visa solicitors can provide one-off free immigration advice for 5 minutes regarding your application for Indefinite Leave to Remain (ILR) under the family visa route. Ask a question online to our specialist team of immigration solicitors for free immigration advice online, or book an appointment online for detailed immigration advice and consultation with one of our expert immigration solicitors concerning your ILR family visa application.

Applications for ILR Under the Family Visa Route

Indefinite Leave to Remain is a form of permanent immigration status, commonly referred to as “settlement”.

A person holding a family visa may qualify for ILR through a number of routes, including:

• ILR as a Spouse (5-Year Route)
• ILR as a Spouse (10-Year Route)
• ILR Unmarried Partner (5-Year Route)
• ILR Unmarried Partner (10-Year Route)
• ILR as a Civil Partner (5-Year Route)
• ILR as a Civil Partner (10-Year Route)
• ILR as a Same Sex Partner (5-Year Route)
• ILR as a Same Sex Partner (10-Year Route)
• ILR as a Partner Under Appendix Settlement Family Life
• ILR Victim Of Domestic Violence
• ILR as a Bereaved Partner
• ILR as a Parent of a British Child (5-Year Route)
• ILR as a Parent of a British Child (10-Year Route)
• ILR as a Child - SET (F) Application
• ILR as an Adopted Child
• ILR as a Surrogate Child

The correct family settlement route will depend on your existing immigration permission, previous grants of leave, family circumstances and the conditions recorded in your Home Office decision letters.

Applicants who are dependants of people holding work, business or study visas are not normally eligible to apply under the family visa provisions of Appendix FM. Different settlement requirements may apply to them.

When Can You Apply for ILR Under the Family Visa Route?

An applicant applying as a partner or parent may normally submit their ILR application up to 28 days before completing the required qualifying period.

An application submitted more than 28 days before the qualifying period is completed may be refused. Applicants should also avoid allowing their existing immigration permission to expire before submitting a valid application. Where the qualifying period will not be completed before the visa expires, an extension application may be required first.

The qualifying period should be calculated carefully by reviewing all previous grants of permission, entry dates, application dates and any periods of overstaying or immigration bail.

Documents for a Family Visa ILR Application

The documents required will depend on the settlement route and the applicant’s individual circumstances. They may include:

• current and previous passports;
• evidence of current immigration status or eVisa;
• Home Office decision letters;
• marriage or civil-partnership certificates;
• evidence of a durable relationship;
• documents showing cohabitation throughout the relevant period;
• evidence of the sponsoring partner’s British citizenship or settled status;
• payslips, bank statements and employer letters;
• self-employment or company-director documents;
• evidence of savings or other permitted income;
• tenancy agreements, title deeds or accommodation evidence;
• the child’s birth certificate and passport;
• family-court orders or evidence of direct access;
• school, nursery, medical and other evidence of parental involvement;
• English-language evidence;
• confirmation of passing the Life in the UK Test;
• evidence concerning absences from the UK;
• evidence relating to domestic abuse; or
• a death certificate and relationship evidence for a bereaved-partner application.

Submitting large quantities of documents without explaining their relevance may not be sufficient. The evidence should be organised so that it clearly addresses every relevant requirement.

Common Reasons for Refusal of Family Visa ILR Applications

Family visa settlement applications may be refused because of:

• applying under the wrong settlement route;
• applying before completing the qualifying period;
• relying on immigration permission that cannot be counted;
• insufficient cohabitation or relationship evidence;
• unexplained periods of separation;
• failure to meet the financial requirement;
• submitting incorrect financial documents;
• failure to demonstrate adequate maintenance or accommodation;
• insufficient evidence of parental responsibility or direct access;
• failure to demonstrate an active parental role;
• excessive absences or a break in continuous residence;
• failure to meet the English-language requirement;
• failure to pass the Life in the UK Test;
• previous overstaying or breaches of immigration conditions;
• criminal convictions, deception or other suitability concerns; or
• inconsistencies between the application form and supporting documents.

Professional preparation can be particularly important where the applicant has changed immigration categories, spent substantial periods outside the UK, has complex income, has lived separately from their partner or relies on exceptional family circumstances.

How Can I Challenge the Refusal of an Application for an ILR Family Visa?

If your family ILR application has been refused and you believe that the reasons for the refusal are unjustified and not in accordance with relevant laws and facts, you can challenge the refusal either through an Administrative Review (AR) or an immigration appeal to the First-tier Tribunal within 14 days of the refusal decision. 

Our specialist immigration solicitors and lawyers can assess the refusal decision of your application free of cost to advise you whether or not you have any valid grounds to challenge the refusal of your application. If our specialist team of immigration lawyers find that there are valid grounds to challenge the refusal of your application, we will quote a fixed fee for providing legal representation.

You can email the refusal letter of your application to This email address is being protected from spambots. You need JavaScript enabled to view it. if you want a free assessment of the reasons for refusal of your application.

Our Team of Specialist Family Visa Solicitors for ILR Applications

Our family visa solicitors are specialists in Indefinite Leave to Remain (ILR) applications under the family visa routes. As one of the best family visa solicitors, we have an excellent track record of helping clients successfully obtain ILR under the family visa routes. Our highly experienced and fully qualified family visa solicitors can provide fast, friendly, reliable, and fixed-fee immigration advice and legal representation for your Indefinite Leave to Remain (ILR) application under the family visa routes. 

The high quality of UK visa and immigration legal services provided by our best team of immigration lawyers is evident in the 5-star Google Reviews rating from 99% of our clients. Our London-based immigration solicitors are available 7 days a week, 365 days a year, offering unwavering dedication and exceptional legal support for a wide range of UK visa and immigration cases. Our team of highly regarded immigration solicitors brings together more than 6 decades of collective, specialised expertise in successfully handling UK visa and immigration applications.

Meet Our Team of Family Visa Solicitors in London

At Premium Solicitors, our strength lies in the expertise, dedication, and unwavering commitment of our family visa solicitors in London. We understand that immigration matters are life-changing events, and our team is here to guide you through every step of the ILR application process with professionalism and care. 

Our team comprises a diverse group of family visa solicitors, each bringing a wealth of experience and knowledge to the table. We are united by a shared goal: to deliver the highest level of legal support and advocacy tailored to your immigration needs.

Languages Spoken By Our Team

Schedule Your Consultation With Our Family Visa Solicitors

Are you seeking expert immigration advice and consultation from our highly experienced and qualified team of family visa solicitors and lawyers in London? It's easy to secure an appointment with our dedicated family visa specialists. Our expert team of family visa solicitors and advisors can provide detailed immigration advice and consultation, face-to-face in our offices in London and Birmingham or virtually via Zoom, Microsoft Teams, WhatsApp, or Phone. Book your appointment today using the appointment booking link provided below:

• Book An Appointment Online With Our Immigration Solicitors in London

Our immigration experts are ready to assist you with your ILR family visa application. Book your appointment today for personalised guidance and support.

How We Can Help With Your ILR Application

Our specialist team of immigration solicitors can provide expert immigration advice and legal representation for your ILR application on a fixed-fee basis. Our immigration solicitors can legally represent you in your application for an ILR family visa and carry out all the work on your application until a decision is made by the UKVI Home Office. The immigration casework to be carried out by our immigration solicitors in relation to your application for an ILR family visa will entail the following:

Advice on Requirements: Our immigration solicitors will advise you on the relevant requirements you must meet for your ILR family visa application to be successful.

Documentary Advice: Our family visa lawyers will prepare and email you a comprehensive list of supporting documents to be submitted in support of your application for an ILR family visa.

Assessing Documents: Our immigration lawyers will assess your documents to ensure that all documents you provide in support of your ILR family visa application comply with the requirements of the immigration rules.

Completing the Application Form: Our immigration lawyers will complete the relevant application form for your application for ILR family visa;

Submitting Application Through Super Priority Service: If required, our immigration lawyers will submit your ILR family visa application online through super priority service to get a decision within 24 hours.

Booking an Appointment With the Application Centre: After the online submission of your ILR family visa application, our immigration lawyers will book your appointment with the application centre for you to enrol your biometrics.

Detailed Cover Letter: Our specialist immigration solicitors will prepare a detailed cover letter in support of your application for ILR family visa to explain all the relevant legal requirements for your application to be approved by the Home Office UKVI.

Uploading Documents Online: Before the biometrics enrolment date, our immigration lawyers will upload online all the supporting documents to be considered in support of your application for ILR family visa;

Follow-Up Work: Our immigration lawyers will carry out all the follow-up work until the Home Office UKVI decides on your application for ILR family visa.

How Much Does an Application for an ILR Family Visa Cost?

The costs associated with your application for an ILR family visa are as outlined below:

Our Fixed Fees for Your Application

Our fixed fee for processing your application ranges from £1,000 + VAT to £1,500 + VAT. Our fixed fee will cover all our work on your ILR application including advising on documents, checking your documents, completing the application form and submitting the application online, booking an appointment for biometrics enrolment, preparing a cover letter in support of the application, uploading all supporting documents to be considered in support of the application, and carrying out all other follow up work until decision by the Home Office UKVI on your ILR application.

Our fixed fee will depend on the complexity of your case and the volume of work involved in your application. You will make an initial payment of half our fee when we start working on your matter, and the remaining half is due once we have fully prepared the application and it is ready for submission.

Unable to afford the cost of the full service? You have the option to book an appointment online for our one-off immigration advice and consultation service for a fixed fee of £100 (including VAT) or our immigration document checking service for a fixed fee of £300 (including VAT).

UKVI Fees for Your ILR Application

Get a Fixed Fee Quote for Your ILR Application

FAQs - ILR Family Visa Route

Indefinite Leave to Remain under the family visa route enables eligible partners, spouses, parents and children to settle permanently in the UK. The requirements depend on the applicant’s current family visa, whether they are following the 5-year or 10-year route to settlement, and their individual circumstances.

The following frequently asked questions provide general guidance about ILR applications under the family visa route.

What is Indefinite Leave to Remain under the family visa route?

Indefinite Leave to Remain, commonly known as ILR or settlement, allows an eligible family visa holder to live in the UK without a time restriction on their immigration permission.

Once ILR is granted, the person can normally work, run a business, study, use public services and apply for public funds where they satisfy the relevant eligibility requirements. ILR may also provide a route to British citizenship.

Who can apply for ILR under the family visa route?

You may be eligible to apply for ILR if you currently have permission to stay in the UK as:

• the spouse, civil partner or unmarried partner of a British citizen or settled person;
• the parent of a British or settled child;
• a dependent child under the family visa route; or
• an adult dependent relative in qualifying circumstances.

Different settlement rules apply to victims of domestic abuse, bereaved partners and some dependent children. Your current immigration category and the route recorded in your most recent Home Office decision letter should be checked before an application is submitted.

What is the difference between the 5-year and 10-year family visa routes?

Under the 5-year route, an applicant will normally qualify for ILR after completing five continuous years with permission as a partner or parent under the relevant family visa category.

Under the 10-year route, an applicant will normally need to complete ten years of continuous qualifying residence. The 10-year settlement route is commonly used where a person was granted permission on family or human rights grounds despite not meeting all the requirements of the 5-year route.

The requirements for settlement under the 5-year and 10-year routes are different. Applicants should therefore establish their correct route before completing the ILR application form.

What are the requirements for ILR as a spouse or partner?

A person applying for ILR as a spouse or partner will generally need to demonstrate that:

• they have the required qualifying period on the relevant family visa route;
• their current permission is based on their relationship with their partner;
• their partner is British or settled in the UK;
• the relationship is genuine and continuing;
• they have lived together since their previous family visa was granted or extended;
• they intend to continue living together permanently in the UK;
• the relevant financial and accommodation requirements are satisfied;
• they meet the English-language and Life in the UK requirements, unless exempt; and
• the application does not fall for refusal under the suitability requirements.

The exact requirements depend on whether the applicant is following the 5-year, 10-year or an older 2-year settlement route.

What are the requirements for ILR as a parent?

An applicant seeking ILR as a parent must normally have a family visa as a parent and show that their child is living in the UK and is British, settled or applying for settlement at the same time.

Depending on the child’s living arrangements, the applicant may need to demonstrate sole parental responsibility, shared parental responsibility or direct access to the child. Evidence should normally show that the applicant continues to take an active role in the child’s upbringing.

A person on the 5-year parent route may be required to apply as a partner instead where they have a partner in the UK and are eligible under the partner route.

When can I apply for ILR under the family visa route?

An applicant can normally submit an ILR application no more than 28 days before completing the required qualifying period.

Submitting the application more than 28 days early may result in refusal. Applicants should also avoid allowing their current visa to expire before they become eligible. If their permission expires too early, they may need to apply for another extension before applying for ILR.

Can time spent on another visa count towards family visa ILR?

For ILR under the 5-year partner route, applicants generally cannot count time spent in the UK under another immigration category. Time spent as a fiancé, fiancée or proposed civil partner also does not count towards the five-year qualifying period.

The same general restriction applies to the 5-year parent route.

Applicants on the 10-year family settlement route may be able to combine qualifying periods spent under certain other immigration routes that lead to settlement. A detailed immigration history assessment may be required where the applicant has changed categories.

What is the financial requirement for ILR as a spouse or partner?

The applicable financial requirement depends on when the applicant first entered the 5-year partner route.

Where the first family visa application was made on or after 11 April 2024, the applicant and their partner will generally need to demonstrate a combined annual income of at least £29,000.

Transitional arrangements normally apply where the applicant first entered the route before 11 April 2024. Such applicants will usually remain subject to the previous £18,600 threshold, together with any applicable child elements, subject to a maximum requirement of £29,000.

There is no financial requirement for settlement as a partner under the 10-year family route, although the applicant must continue to satisfy the other relevant requirements.

9. Is the £29,000 minimum income requirement applicable to a parent visa ILR application?

The £29,000 minimum income requirement is primarily associated with applications under the partner route.

For ILR under the 5-year parent route, the applicant must generally demonstrate that they can adequately maintain and accommodate themselves and their dependants without relying on public funds.

There is no financial requirement for settlement as a parent under the 10-year route, although all other eligibility, continuous residence, relationship and suitability requirements must still be considered.

What evidence is required for a spouse or partner ILR application?

The necessary documents will depend on the applicant’s circumstances, but commonly include:

• the applicant’s current passport and previous passports;
• evidence of the partner’s British citizenship or settled status;
• the current immigration status evidence;
• marriage or civil partnership certificates, where applicable;
• correspondence showing that the couple have lived together;
• tenancy agreements, mortgage statements or property ownership documents;
• council tax bills and utility statements;
• bank statements, payslips and employment letters;
• evidence of self-employment, savings or other permitted income sources;
• evidence of adequate accommodation;
• English-language evidence; and
• the Life in the UK Test pass reference.

The documents must cover the relevant periods and satisfy any format, date and evidential requirements applicable to the application.

What evidence is required for ILR as a parent?

An applicant applying as a parent may need to provide:

• the child’s full birth certificate;
• evidence of the child’s British citizenship or settled status;
• evidence of where the child lives;
• court orders or parental responsibility documents, where relevant;
• evidence of direct access to the child;
• school, nursery, medical or local authority records;
• correspondence showing regular contact;
• evidence of involvement in important decisions concerning the child;
• financial support evidence; and
• evidence of adequate maintenance and accommodation where applying under the 5-year route.

The evidence should demonstrate a genuine and continuing parental relationship rather than only biological parenthood.

Do I need to pass an English-language test for family visa ILR?

Applicants aged between 18 and 64 will normally need to meet the English-language requirement.

For settlement under the partner or parent route, this will usually require English-language ability at B1 level in speaking and listening. The requirement may also be met through an eligible degree taught or researched in English or another permitted form of evidence.

An English-language qualification previously used for a successful immigration application may sometimes be reused, provided it remains acceptable under the rules applicable to the ILR application.

Do I need to pass the Life in the UK Test for family visa ILR?

Most applicants aged between 18 and 64 must pass the Life in the UK Test before submitting their ILR application.

The test should be booked using the applicant’s correct personal details. The name and identification information used for the test should be consistent with the applicant’s passport and ILR application.

Applicants should not leave the test until shortly before their visa expiry because a failed test or difficulty obtaining an appointment could affect the timing of the ILR application.

Who is exempt from the English-language and Life in the UK requirements?

Applicants who are under 18 or aged 65 or over are generally exempt from the knowledge of language and life requirements for settlement.

An exemption may also be available where a long-term physical or mental condition prevents the applicant from satisfying the requirement. Medical evidence and the prescribed medical exemption documentation will normally be required.

Can absences from the UK affect a family visa ILR application?

Absences can affect an ILR application, particularly where they raise questions about continuous residence, whether the applicant has genuinely been living with their partner, or whether the UK remains the centre of the applicant’s family life.

Applicants under the partner route must normally provide evidence that they have lived with their partner since their previous visa was granted or renewed and that the relationship remains genuine and continuing.

Those applying under the 10-year route must also satisfy the applicable continuous residence requirements. Applicants with lengthy, frequent or unexplained absences should obtain advice before applying.

Can children be included in a family visa ILR application?

Eligible dependent children may normally be included in a parent’s application under the 5-year partner or parent route.

A child under 18 will generally need to:

• have permission as a dependant under the family visa route;
• continue living with and being supported by the parent;
• not be married or in a civil partnership; and
• not be living an independent life.

A child aged 18 or over may qualify where they were granted permission as a dependant before turning 18 and have not formed an independent family unit.

Children cannot normally be included in the same application where the parent is applying under the 10-year family route. They may need to make separate applications.

How long does a family visa ILR application take?

The standard Home Office processing time is usually up to six months from the date the applicant provides their fingerprints and photograph.

An application may take longer where the Home Office needs to verify documents, request further information, conduct an interview or consider complex personal circumstances.

A faster decision service may be offered during the online application process, subject to availability and the applicant’s immigration category.

Can I travel while my ILR application is pending?

An applicant should not travel outside the UK, Ireland, the Channel Islands or the Isle of Man while an in-country ILR application is awaiting a decision.

Leaving the Common Travel Area before the application is decided will normally result in the ILR application being treated as withdrawn.

Applicants with essential travel plans should consider the timing of their application carefully.

What happens if my family visa ILR application is refused?

The available options will depend on the reasons for refusal and whether the decision carries a right of appeal, administrative review or another legal remedy.

In some circumstances, an applicant who does not qualify for ILR may still be considered for further limited permission to stay. This should not be assumed, and the consequences of refusal may be serious where the applicant’s existing permission has expired.

The refusal letter and the applicant’s immigration history should be reviewed promptly by an experienced immigration solicitor.

What can I do after being granted ILR?

A person granted ILR can normally:

• live in the UK without extending their visa;
• work without immigration restrictions;
• undertake self-employment or run a business;
• study in the UK;
• use public services;
• apply for benefits where independently eligible; and
• apply for British citizenship when the nationality requirements are satisfied.

ILR can normally be lost where a person remains outside the UK for more than two consecutive years. A returning resident application may then be required before returning to live in the UK.

When can I apply for British citizenship after obtaining ILR?

A person who is not married to a British citizen must normally hold ILR for at least 12 months before applying for naturalisation as a British citizen.

A person who is married to or in a civil partnership with a British citizen does not normally need to wait 12 months after obtaining ILR. However, they must satisfy the separate residence, physical presence, good character, English-language and Life in the UK requirements for naturalisation.

How can Premium Solicitors help with my family visa ILR application?

Our specialist UK immigration solicitors can assist with all stages of an ILR application under the family visa route, including:

• assessing eligibility under the 5-year or 10-year route;
• calculating the correct qualifying period;
• reviewing previous immigration history and absences;
• advising on the financial requirement;
• preparing partner, parent and child settlement applications;
• advising on complex relationship or parental responsibility issues;
• preparing a personalised document checklist;
• checking supporting evidence;
• completing the online application form;
• preparing detailed legal representations; and
• dealing with Home Office enquiries after submission.

We can assist applicants throughout the UK through appointments by telephone, Zoom, Microsoft Teams, WhatsApp or at our offices in London and Birmingham.

Contact Premium Solicitors for specialist legal advice about your eligibility for Indefinite Leave to Remain under the family visa route.

Why choose Premium Solicitors for an ILR family visa application?