An application for Indefinite Leave to Remain (ILR) as a spouse of a person present and settled in the UK can be made to the Home Office, UKBA on the completion of  two years probationary spouse visa which was granted under the Immigration Rules in place before 9 July 2012 on the basis of marriage to a person present and settled in the UK.A person who was granted initial entry clearance or leave to remain as a spouse under the Immigration Rules in place from 9 July 2012 will have to complete 5 years residence in the UK under spouse visa before an application for Indefinite Leave to Remain (ILR) as a spouse can be made to the Home Office, UKBA. The ILR application as a spouse of a person present and settled in the UK is submitted by using application form SET (M).

The applicant has to provide evidence that the relationship is still subsisting and the applicant has been living with the UK spouse (the sponsor)  throughout the last two years or five years probationary period of spouse visa, as the case may be. It is also expected that both the applicant and the UK spouse (the sponsor) demonstrate intention to live with each other permanently.

The applicant is required to pass Life in the UK Test and also meet the English language requirement in listening and speaking at level B1 of the CEFR in order to qualify for Indefinite Leave to Remain (ILR). The Immigration Rules also require that there must be sufficient funds and adequate accommodation available for the applicant to be maintained and accommodated in the UK without recourse to public funds

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