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Settling as a partner after 5 years: ILR and form SET(M)

A partner on the 5-year route can apply for indefinite leave to remain after 60 months of continuous residence on partner permission with the same partner. The application costs £3,226, uses the online form SET(M), and needs the financial requirement, English and Life in the UK test evidence again.

Indefinite leave to remain (ILR) is the permission that ends the cycle of extensions. For most people on a UK partner visa it comes at the end of a five-year qualifying period. The Rules for it sit in Appendix FM, in the sections headed R-ILRP and E-ILRP, and the online application is form SET(M).

Most of the confusion comes from three things: which "route" a person is on, whether the financial test is the same as at the last extension, and which English language level is needed. GOV.UK's family ILR page gives one answer on English; the Rules in Appendix KoLL give a different answer for applications made from 26 March 2027. Both are set out below.

This guide describes the rules as published on 9 October 2026. It explains how the requirements work; it does not decide which route you are on or whether you meet them. Your grant letter from the Home Office is the document that shows your route, and a regulated adviser can check your figures.

The three routes: 5, 2 and 10 years

GOV.UK says the eligibility criteria depend on whether you are on the 5-year route, the 2-year route or the 10-year route, and that if you are not sure which, you should check the letter you received when your leave to remain was last approved.

  • 5-year route. Rule E-ILRP.1.1 of Appendix FM sets this out as indefinite leave to remain as a partner "after a 5 year qualifying period". GOV.UK says you must have lived in the UK on your family visa as a partner for at least 5 continuous years.
  • 2-year route. GOV.UK lists this route and says that on it you must have lived in the UK on your family visa as a partner for at least 2 continuous years. It describes the financial test as having enough money to house and support yourself and your children without using public funds. The page does not explain who is on this route, so the grant letter is the document to check.
  • 10-year route. GOV.UK says there are no financial requirements on this route, that you must have had permission based on the relationship for at least one year and have been living in the UK for at least 10 continuous years (time on other visas that lead to indefinite leave to remain can count), and that you cannot include your children in your application.

This article is about the 5-year route. If your grant letter shows something different, the figures below may not apply.

What the 5-year qualifying period means

Rule E-ILRP.1.3 requires that, at the date of application, the applicant has completed a period of continuous residence in the UK of at least 5 years (60 months) with leave to enter on the basis of entry clearance as a partner, or limited leave to remain as a partner, or a combination of the two. Four details follow from the wording.

  1. Only partner leave counts. GOV.UK says you cannot count time spent on any other visa. Time as a fiancé(e) or proposed civil partner is disregarded (E-ILRP.1.3(2)).
  2. The partner must be the same person. Rule E-ILRP.1.4 counts only the periods when your partner is the same person as your partner for the previous period of limited leave.
  3. You must still be in the UK on valid partner leave when you apply (E-ILRP.1.2), and your partner must be in the UK (R-ILRP.1.1(a)).
  4. Living together. GOV.UK says you must have lived together since you last renewed your visa and intend to continue the relationship after you apply. Rule E-LTRP.1.10, which the settlement rule imports, says that since entry clearance or the last grant, the couple must have lived together in the UK, or there must be "good reason, consistent with a continuing intention to live together permanently in the UK", for any period when they have not.

When you can apply. GOV.UK says the earliest you can apply is 28 days before you meet the requirements for time spent in the UK, and that an application made earlier may be refused. It also says not to wait until the visa expires: if the visa runs out before you are eligible, you will need to renew it first.

Overstaying. Rules E-ILRP.1.2 and 1.5A disregard some periods of overstaying where the Exceptions for overstayers section of Part Suitability applies. How that section applies in a specific case is a question for an adviser.

The financial requirement at settlement

GOV.UK's ILR family page says you and your partner need to prove your combined income meets the requirement, and that you prove it as you did when you applied for your family visa. How much depends on when you first successfully applied for your current family visa.

  • First application on or after 11 April 2024. GOV.UK says you will need to prove a combined income of at least £29,000 a year.
  • First application before 11 April 2024. GOV.UK says you must usually have a combined income of at least £18,600 a year, plus extra for children: £3,800 for the first child and £2,400 for each further child, capped so that you need to prove no more than £29,000 in total. Children who are British or Irish citizens, have pre-settled status or are permanently settled are not counted.
  • Partner receiving certain disability or carer benefits. GOV.UK says you only need to meet the adequate maintenance requirement, showing you have enough money to house and support yourselves without relying on additional public funds, if your partner receives Personal Independence Payment, Carer's Allowance, Attendance Allowance or certain other listed benefits.

What the Rules say about savings. Rule E-ILRP.1.3(1A) applies the partner leave-to-remain requirements in Appendix FM with two adjustments. One is the one that matters here: when applying the savings limbs of E-LTRP.3.1(b)(ii) (the £29,000 rule) or E-LTRP.3.7(b)(ii) (the £18,600 rule), "disregard the words '2.5 times'". The ordinary extension formula asks for £16,000 plus 2.5 times the income shortfall; for settlement the Rules say to leave out the "2.5 times", which means the additional savings are the shortfall itself rather than two and a half times it. Read the actual paragraphs and Appendix FM-SE before relying on this for your own figures: it is the sort of detail that changes the answer by tens of thousands of pounds.

The other adjustment concerns the partner's status. Paragraph E-LTRP.1.2 lists the ways a partner can qualify for an extension: a British citizen in the UK, present and settled in the UK, in the UK with protection status, with limited leave under Appendix EU, with leave under Appendix ECAA, or with permission as a stateless person. Rule E-ILRP.1.3(1A) says the last four bases, (c) to (f), cannot be used for settlement. In plain terms, the settlement rule requires the partner to be a British citizen in the UK or present and settled in the UK.

The evidence rules are the same ones as at the extension: Appendix FM-SE sets which payslips, bank statements and employer letters count. Our guides to the financial requirement, using savings and self-employed income go through those rules in detail.

English language and the Life in the UK test

Rule E-ILRP.1.6 requires the applicant to have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom under Appendix KoLL.

English. Appendix KoLL (updated 26 March 2026) says the requirement can be met in several ways. The main ones are:

  • being a national or citizen of one of the listed countries (Antigua and Barbuda, Australia, The Bahamas, Barbados, Belize, the British Overseas Territories, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, USA and Malta);
  • holding a UK bachelor's, master's or PhD, or a degree the qualification provider confirms is at that standard and was taught or researched in English;
  • having been granted your current leave on the basis of an English qualification at the required level (B1 for applications before 26 March 2027, B2 on or after it, with the provider still approved); or
  • passing an approved English test in speaking and listening at a Secure English Language Test centre within the two years before the application.

The level changes on 26 March 2027. For applications made before 26 March 2027, the Rules ask for level B1 of the Common European Framework of Reference for Languages. For applications made on or after that date, the Rules in Appendix KoLL ask for B2. GOV.UK's family ILR page, read on the same day, still describes level B1 and does not mention the change. The Rules are the legal test, so check Appendix KoLL and the date you plan to apply on. Our guide on B2 English for settlement from March 2027 covers who is affected.

Exceptions. Paragraph 3.1 of Appendix KoLL says the requirement does not apply to an applicant who is under 18 or at least 65 on the date of application, or where the decision maker considers it would be unreasonable to expect the applicant to meet it because of a mental or physical condition.

Life in the UK Test. GOV.UK says the test costs £50, must be booked online at least 3 days in advance, has 24 questions to be answered in 45 minutes, and needs a score of 75% or more. You are given a unique reference number to use in the application. You do not need to take it if you are under 18, 65 or over, have passed it before, or have a long-term physical or mental condition supported by an exemption form or a doctor's letter.

If you do not pass at settlement. Rule D-ILRP.1.2 says that where the applicant has not shown sufficient knowledge of English or life in the UK, they will, subject to conditions, be granted further limited leave to remain as a partner for a period not exceeding 30 months, with no recourse to public funds. GOV.UK's healthcare surcharge page says that if you apply for ILR but are given only limited leave, you must pay the surcharge before the leave is granted.

Cost, form and timing

Fee. GOV.UK says ILR costs £3,226 for each person applying, and the Home Office fee table of 8 October 2026 shows £3,226 for indefinite leave to remain (main applicant and dependants) with no change. There is no fee for biometrics. If you ask for a faster decision, GOV.UK says the priority service costs an extra £500 per person and the super priority service an extra £1,000 per person, on top of the application fee, subject to availability. The healthcare surcharge is not charged on ILR itself, according to GOV.UK, but is payable if you are given limited leave instead.

Form. GOV.UK says you must apply online and that the form depends on whether you are on the 5 or 2 year route or the 10 year route. GOV.UK describes form SET(M) as the one to use if you are already in the UK as the partner of a person, or parent of a child, who is settled here. You can save and finish later. Children can be included if they meet the conditions: they have permission as a dependant on your family visa, will continue to live with you without recourse to public funds, and are not married, in a civil partnership or living an independent life.

Documents. GOV.UK says you will need to provide proof of income and where you live, proof that you have lived in the UK with your partner since your last visa, proof the relationship is genuine, and proof you meet the English and Life in the UK requirements.

Timing. GOV.UK says you will usually get a decision within 6 months of providing your fingerprints and photo. It also says you must not travel outside the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision, or your application will be withdrawn.

What ILR gives and what comes next

GOV.UK says ILR lets you live, work and study in the UK for as long as you like and apply for benefits if eligible, and that you can use it to apply for British citizenship. If you stay outside the UK for more than 2 years at a time you can lose ILR.

A citizenship application is separate, and the timing rules differ for people married to a British citizen. Our guides on British citizenship for spouses and on when to apply after ILR explain the timing.

A note on earned settlement. Settlement for most routes in current law is not automatic: you must apply and meet the requirements above. The Government has also consulted on a proposal called earned settlement. The consultation, "A Fairer Pathway to Settlement", opened on 20 November 2025 and closed on 13 February 2026. GOV.UK's page says settlement "will no longer be granted automatically after a fixed period" and that migrants will need to earn it by demonstrating sustained good conduct, contribution and integration. On 9 October 2026 the Appendix FM rules above still set a 5-year qualifying period for partners, and the consultation page does not publish an outcome. This is a proposal, not a rule, and it may change. Check GOV.UK for any later change before you rely on a date.

Finding a regulated adviser

ILR applications are checked closely on the financial evidence and on the "same partner" and continuous residence rules, and a refusal at this stage can leave you with a shorter period of limited leave. If you want a regulated adviser to review the evidence first, GOV.UK explains how to find an immigration adviser, and only IAA-registered advisers, solicitors and other qualified persons can give immigration advice in England and Wales.

The Migratio directory lists IAA-registered advisers (with their level) and SRA-regulated solicitors, each with their regulator and registration number. Migratio is not regulated by the IAA or the SRA and does not give immigration advice. This page explains how the rules work; it does not tell you what to do in your case.

Questions people ask

How long do you have to be married to get ILR in the UK?

On the 5-year partner route the Rules ask for at least 5 years (60 months) of continuous residence on partner permission with the same partner (E-ILRP.1.3 and 1.4). Time as a fiancé(e) or proposed civil partner does not count. There are separate 2-year and 10-year routes, and your grant letter shows which one you are on.

What is form SET(M)?

SET(M) is the online application GOV.UK lists for settling in the UK as the partner of a person, or parent of a child, who is in the UK and settled here. You apply from inside the UK while holding valid partner permission, and can save the form and finish later.

How much does partner ILR cost in 2026?

£3,226 per person, according to GOV.UK and the Home Office fee table of 8 October 2026. A priority decision costs an extra £500 and a super priority decision an extra £1,000, if offered. The Life in the UK Test is a separate £50.

Do I need B1 or B2 English for ILR as a partner?

Appendix KoLL asks for B1 in speaking and listening for applications made before 26 March 2027, and B2 for applications on or after that date, unless you meet another route such as nationality of a listed country or a degree taught in English. GOV.UK's family ILR page still says B1, so check the Rules for your application date.

Does the 2.5 times savings rule apply at ILR?

Rule E-ILRP.1.3(1A) says to disregard the words 2.5 times when applying the savings limbs of E-LTRP.3.1(b)(ii) and E-LTRP.3.7(b)(ii). Savings must still be cash held for the period and meet Appendix FM-SE. Read the paragraphs yourself or ask a regulated adviser, because the calculation depends on your first application date.

Can I leave the UK while my ILR application is pending?

GOV.UK says you must not travel outside the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision, or your application will be withdrawn.

Sources

Last checked 2026-10-09.

Related guides

  • Spouse visa financial requirement: how the £29,000 minimum income works — For a first partner application, the Immigration Rules require specified gross income of at least £29,000 a year, or cash savings of £16,000 plus 2.5 times any shortfall. A lower £18,600 figure applies only to people who first applied before 11 April 2024 and are extending with the same partner. Loans, benefits such as Universal Credit and property equity do not count.
  • Using savings for a spouse visa: the £16,000 rule — Under Appendix FM, cash savings can replace some or all of the £29,000 income requirement, but not pound for pound. The Rules ask for £16,000 plus 2.5 times the gap between your income and £29,000, held in cash for the 6 months before you apply.
  • Spouse visa with self-employed income: how the financial requirement is calculated and evidenced — Self-employed income is measured over the last full financial year, or the average of the last two, using tax returns and accounts, not recent bank balances. A self-employed person cannot top up a shortfall with savings, and company directors who own most of a small company follow a separate set of tests. Evidence rules are in Appendix FM-SE paragraphs 7, 9, 13 and 19.
  • Spouse visa English requirement: A1, A2 and B1 explained — Partner applicants must show English at CEFR level A1 in speaking and listening for the first visa, and A2 at the extension after 30 months if A1 was used before. You can meet it by nationality of a listed country, a degree taught in English, or an approved SELT taken within two years. People aged 65 or over, and some with disabilities, are exempt.
  • Spouse visa extension after 2.5 years: how the FLR(M) application works — The partner visa is granted in two blocks of about 2.5 years. The extension (GOV.UK's FLR(M) online application) costs £1,407 plus £2,587.50 health surcharge per adult, and you can apply any time before your permission expires. Most people must meet the financial requirement again, show you still live together, and prove English at A2 if A1 was used last time.
  • ILR fee in 2026: £3,226 per person and extras — Indefinite leave to remain (ILR) costs £3,226 for each person applying, and the Home Office fee table of 8 October 2026 shows no change from the current fee. Most applicants aged 18 to 64 also pay £50 for the Life in the UK Test, and can pay £500 or £1,000 more per person for a faster decision where the application type allows it. There is no health surcharge for ILR.
  • B2 English for UK settlement from 26 March 2027 — The Immigration Rules already say that, for applications for settlement made on or after 26 March 2027, speaking and listening English must be shown at level B2 instead of B1 on a long list of routes, including Skilled Worker, Long Residence, Global Talent, Private Life and partner and parent settlement. It is a rule that has been laid, not a proposal, and it applies to people already on the path.
  • ILR refused: what happens to your status — Refusal of indefinite leave to remain (ILR) does not by itself tell you how long you can stay: that depends on whether your current permission has expired and whether you applied before it did. If you did, section 3C of the Immigration Act 1971 extends your leave while a review or appeal could be brought or is pending. A new application made within 14 days of the refusal, or of the review or appeal window ending, is not treated as overstaying (SUI 13.1).
  • Citizenship as a British citizen's spouse: 3 years — A person who is married to, or the civil partner of, a British citizen can naturalise under section 6(2) of the British Nationality Act 1981 after 3 years in the UK, once they have indefinite leave to remain and without the 12-month wait that applies on the five-year route. The fee is £1,839 and the other requirements, such as good character and the Life in the UK Test, still apply.
  • Domestic abuse and a partner visa: settlement in the UK — If a relationship on which your UK partner visa is based has broken down because of domestic abuse, Appendix Victim of Domestic Abuse lets some people apply for settlement without waiting for five years. The Rules set no mandatory evidence list, and the fee can be waived if you are destitute.