You can apply for Indefinite Leave to Remain (ILR) after completing 5 years in the UK under the Same Sex Partner Visa (5 Years Route). Applications can be submitted up to 28 days before reaching the full 5-year qualifying period.
Applicants may also choose the Super Priority Service, which aims to deliver a decision within 24 hours after biometrics enrolment.
ILR applications under this route are assessed in line with Appendix FM of the Immigration Rules.
Our experienced immigration solicitors provide free initial guidance for individuals applying for ILR as a same sex partner. You can discuss your situation with our team or book a consultation for detailed legal advice tailored to your circumstances.
We offer assistance with Super Priority Service applications, enabling faster decisions. Under this service, the Home Office typically processes the application within 24 hours after biometric data submission at an approved centre.
You become eligible to apply for ILR once you have completed 5 years of residence under the same sex partner visa route.
Applications can be submitted 28 days before completing the full 5-year period, provided all eligibility requirements are met.
Applications are submitted online using the SET (M) form. The process includes:
At the appointment, your biometric details are recorded and your documents are verified.
After initial approval, applicants are granted 30 months of leave. This can be extended for another 30 months, resulting in a total of 60 months (5 years).
Once the 5-year period is completed, applicants may apply for ILR, provided all conditions are satisfied.
To qualify, applicants must meet the criteria outlined in Appendix FM, including:
Applicants must usually demonstrate a combined annual income of at least £29,000.
However, if the initial partner application was made before 11 April 2024, the minimum income requirement remains £18,600 per year.
Additional financial evidence is required if dependent children are included.
The financial requirement can be satisfied through different categories:
Under Appendix FM-SE, decision-makers may allow applicants to provide missing or corrected documents within a reasonable timeframe.
Minor errors may be overlooked, but applications lacking required documents entirely are unlikely to succeed. Additional evidence may also be requested before a final decision is made.
Applicants may qualify under the “adequate maintenance” rule if their partner receives certain benefits. In such cases, the minimum income threshold of £18,600 does not apply.
Instead, applicants must demonstrate sufficient financial support based on their specific circumstances.
Applicants must meet the English language requirement by:
Applicants must pass the Life in the UK test unless they qualify for exemption due to age (65 or above) or medical reasons.
If an ILR application is refused and cannot be challenged successfully, applicants may submit a fresh application.
Professional guidance can help address previous issues and improve the chances of approval in a new submission.
The application fee for ILR is £3,029 per person.
We offer fixed-fee legal services for ILR applications under the 5-year route:
