If you or your partner are residing in the United Kingdom on a dependent visa, you may have observed the rapid changes in immigration regulations.
The process of applying for Indefinite Leave to Remain (ILR) has become increasingly intricate, with extended settlement timelines and more stringent requirements for English language proficiency.
It is important to understand the circumstances under which your spouse or partner may settle, as well as the key factors to consider throughout this process.
Let us provide a clear and practical overview of these important aspects.
💬 The Big Picture: Immigration Rules Are Tightening
Recent updates from the Home Office (2025–2026) are changing the UK’s immigration system, including the pathway to settlement for dependants.
While many dependants can still apply for ILR after five years of continuous residence, new policies are being introduced:
- Longer qualifying periods (some visa routes moving to 10 years)
- Higher English language standards (rising to B2 for some categories from 2026)
- Stricter “good character” and “integration” checks
If you’re planning for ILR, staying informed and applying at the right time is crucial.
🧭 The Dependent Settlement Route Explained
If your spouse, civil partner, or unmarried partner lives in the UK as your dependent — for example under a Skilled Worker, Global Talent, or Student visa — they follow the dependent route to settlement.
The general rule:
Dependants can apply for ILR after five continuous years in the UK, provided they meet all the settlement requirements.
📜 Settlement (ILR) Requirements for Dependants
To qualify for ILR, your partner must meet all of the following:
✅ 1. Five Years of Continuous Residence
- Lived in the UK lawfully for five consecutive years as your dependant.
- Absence limit: No more than 180 days outside the UK in any 12-month period.
- Switching visa categories usually resets the 5-year clock.
✅ 2. Valid Leave to Remain
- Must have current dependent visa status when applying.
- Overlaps or gaps between visas can cause refusals.
✅ 3. Genuine and Subsisting Relationship
- Must prove your relationship is real and ongoing through shared bills, tenancy agreements, correspondence, or photos.
✅ 4. English Language Requirement
- Minimum CEFR Level B1 (speaking and listening).
- Can be met through an approved test, degree taught in English, or passport from a majority-English-speaking country.
- Expected to rise to B2 from 2026 for certain categories.
✅ 5. Life in the UK Test
- Mandatory for applicants aged 18–64.
- Tests knowledge of UK culture, history, and values.
✅ 6. Good Character & Immigration History
- No serious criminal record or breaches of UK immigration law.
- Overstaying or unpaid NHS bills can affect eligibility.
⚠️ Common Mistakes That Lead to Refusals
Even well-prepared couples can make mistakes. Here are the most common errors seen in dependent ILR applications, along with tips on how to avoid them:
- Applying too early
- ILR applications submitted before completing the full 5-year period are automatically refused.
- You can apply no earlier than 28 days before the 5-year anniversary of your first dependent visa.
- Gaps between visas
- Letting a visa expire — even briefly — breaks continuous residence.
- Always apply for extensions before your current leave ends.
- Exceeding absence limits
- Spending more than 180 days abroad in any 12-month period can reset the settlement clock.
- Keep detailed travel records.
- Inadequate proof of cohabitation
- The Home Office needs evidence that you’ve lived together throughout the 5 years.
- Submit official documents (bills, bank statements, tenancy agreements) covering the entire period.
- Out-of-date English test certificates
- Language tests expire after two years.
- Make sure the certificate is valid at the time of your ILR application.
- Unpaid NHS debts or tax issues
- Even small unpaid bills can trigger refusal under “good character” grounds.
- Clear all outstanding balances before applying.
- Incorrect or incomplete forms
- Missing pages, wrong visa type, or incomplete declarations can lead to administrative refusals.
- Double-check everything before submission.
⚖️ Recent and Upcoming Changes (2025–2026)
- Settlement period: Some routes may shift from 5 → 10 years.
- English standard: May rise to B2.
- Suitability checks: Stronger focus on integration and lawful behaviour, including financial responsibility and community contribution.
- Absence tracking: The Home Office is introducing automated border checks to verify travel data and ensure compliance with absence limits.
From 2026, the UK government will introduce a formal English language requirement for adult dependants at every stage of the visa process — not just at settlement.
According to the 2025 Immigration White Paper, dependants will need to meet the following levels:
- Initial visa application: CEFR Level A1 (basic communication ability)
- Visa extension: CEFR Level A2 (simple conversations and everyday English)
- Settlement (ILR): CEFR Level B2 (independent communication level)
This represents a major policy shift toward encouraging progressive English proficiency and greater integration throughout a dependant’s stay in the UK.
💡 Practical Steps for Success
- Track your timeline and absences.
- Keep documents organised — relationship proof, tenancy, and financial records.
- Take your tests early.
- Review visa renewal dates carefully.
- Seek professional advice if unsure about continuous residence or eligibility.
🌟 Final Thought
For thousands of couples and families, Indefinite Leave to Remain (ILR) represents more than just paperwork; it symbolises peace of mind, a sense of belonging, and the right to truly call the UK home.
With stricter regulations and longer processing times, early preparation and careful attention to detail are your best allies.
If your spouse or partner is approaching their 5-year mark, it’s important to start preparing now—before new changes come into effect.