What is Settlement After 5 Years on a Partner Visa?
After successfully completing 5 years on your Spouse, Civil Partner, or Unmarried Partner Visa, the next step is to apply for Indefinite Leave to Remain (ILR), also known as settlement.
ILR gives you the right to live, work, and study in the UK permanently without any time limits or visa renewals. It is the final stage of the 5-year partner route and opens the door to British citizenship.
This application is made using form SET(M) and is one of the most common settlement routes in the UK. The requirements are straightforward if you have maintained your relationship, met the financial and English levels at each stage, and kept your absences within the allowed limits.
If you have reached or are approaching the 5-year mark and want to make sure your settlement application is prepared correctly, contact Bushra Ali Solicitors for a detailed eligibility review.
When Can You Apply for ILR on the Partner Route?
You can submit your ILR application up to 28 days before your current partner visa expires.
If you apply in time, you will normally benefit from Section 3C leave, which automatically extends your existing visa conditions while the Home Office considers your application.
It is advisable to start preparing your documents and tests a few months in advance to avoid any last-minute issues.
Eligibility Requirements for Partner Visa ILR
To qualify for settlement after 5 years on the partner route, you must meet the following requirements:
- Genuine and subsisting relationship: You must still be in a genuine, ongoing relationship with your British or settled partner.
- Continuous residence: You must have lived in the UK for the full 5-year qualifying period.
- Absences: No more than 180 days absent in any 12-month period (rolling basis). Transitional rules may apply if your first visa was granted before April 2024.
- English language: B1 level (speaking and listening) on an approved test.
- Life in the UK Test: You must pass the Life in the UK test.
- Suitability / Good character: No serious criminal convictions, immigration breaches, or outstanding debts.
Comparison Table: Partner Route Stages
| Stage | Financial Requirement | English Level | Life in UK Test | Absences Allowed |
| Initial Application | £29,000 (or transitional) | A1 | No | 180 days per 12 months |
| First Extension | £29,000 (or transitional) | A2 | No | 180 days per 12 months |
| ILR (After 5 Years) | Usually not re-tested | B1 | Yes | 180 days per 12 months |
Application Process – SET(M)
- Confirm you meet all eligibility requirements
- Book and pass the Life in the UK test and B1 English test (if not already held)
- Gather all supporting documents
- Complete the online SET(M) application form
- Pay the application fee and any required Immigration Health Surcharge
- Book a UKVCAS appointment for biometrics
- Submit your application and await the decision
Typical timeline
| Stage | Estimated Time |
| Preparation & tests | 4–10 weeks |
| Standard processing | Up to 6 months |
| Priority service | 5 working days |
| Super priority | Next working day |
Need help with your SET(M) application? Contact Bushra Ali Solicitors for full support.
Documents Checklist for Partner ILR
Relationship evidence
- Marriage or civil partnership certificate
- Evidence of cohabitation over the full 5 years (joint tenancy agreements, utility bills, bank statements)
- Photos, correspondence, and letters from friends/family
Residence & absences
- Full list of all absences from the UK with reasons and supporting evidence
- P60s, payslips, or bank statements showing UK address for each year
Tests
- Life in the UK test pass reference
- B1 English language certificate (or exemption proof)
Current status
- Passport and current BRP / eVisa share code
- Previous visas and travel history
Other
- Police certificates (if required)
- Any documents addressing good character issues
Provide certified translations for non-English documents.
Fees, Costs & Processing Times
Current fees (2026)
| Item | Amount | Notes |
| ILR application fee (SET(M)) | £3,029 | Per person |
| Biometrics | Included | |
| Priority service | £500 | Decision in 5 days |
| Super priority | £1,000 | Next working day (limited) |
Standard processing time is up to 6 months. Priority and super priority options are available for faster decisions.
Common Reasons for Refusal & How to Avoid Them
- Relationship doubts: Provide strong, varied evidence covering the full 5 years.
- Excess absences: Carefully calculate and evidence every trip; explain any longer absences.
- English or Life in the UK test not passed: Book and pass both tests well in advance.
- Incomplete documents: Use a detailed checklist and keep copies of everything.
- Good character issues: Disclose all relevant information honestly.
Many refusals at this stage are avoidable with thorough preparation. If you would like Bushra Ali Solicitors to review your eligibility and documents, reach out today.
After ILR: Your Rights and Path to British Citizenship
Once ILR is granted:
- You can live, work, and study in the UK indefinitely
- You have full access to public funds and benefits (if eligible)
- You can sponsor family members more easily
- You can travel freely (return within 2 years to avoid lapse)
After holding ILR for 12 months (or immediately if married to a British citizen), you can apply for British citizenship.
FAQs
When can I apply for ILR after 5 years on a partner visa?
Up to 28 days before your current visa expires.
What English level is needed for ILR?
B1 level (speaking and listening).
Do I need to pass the Life in the UK test?
Yes, it is mandatory for most ILR applications.
How many absences are allowed for ILR?
No more than 180 days in any 12-month period.
Is the financial requirement checked again at ILR?
Usually not, unless there are suitability concerns.
Can I include children in my ILR application?
Yes, dependent children can apply at the same time.
What form do I use for partner visa ILR?
Form SET(M).
What happens if my ILR application is refused?
You can request an administrative review or re-apply once issues are resolved.
How long does ILR processing take?
Up to 6 months standard; faster with priority services.
Can Bushra Ali Solicitors help with my settlement application?
Yes, we regularly assist clients with partner visa ILR and citizenship applications.
How We Can Help
Applying for settlement (ILR) after 5 years on a partner visa is a significant milestone that secures your long-term future in the UK, and it deserves careful preparation.
At Bushra Ali Solicitors, we are the team to support you through your ILR application. We offer a complete, hands-on service that removes the stress from the process for you and greatly reduces the risk of refusal.
We will leave no stone unturned to help you achieve the outcome you want. Our dedicated team will be with you every step, checking eligibility, organising evidence, preparing your SET(M) application, and guiding you through the tests and requirements.
If you are ready to apply for Indefinite Leave to Remain, call us on 0116 28 34567 so we can discuss your situation and explain exactly how we can help you. You are also very welcome to email us at reception@bushraalisolicitors.co.uk at any time.
We treat every client’s case with the same care and commitment we would want for ourselves or our own families.
Contact Bushra Ali Solicitors. Let us help make your settlement application clear, smooth and successful.