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Partner Visa Extension and ILR Application Top Tips

Partner Visa Extension and ILR Application: Top Tips

By Alexandra Pease - Barrister Partner
Alexandra Pease

A successful partner visa extension or indefinite leave to remain application is easier to prepare if you work backwards from the correct route, application date and evidential period. This guide focuses on applications within the wider partner and family visas category, including a Spouse Visa, civil partner visa or unmarried partner visa. The most useful steps are to confirm whether you are on the five-year or ten-year route, apply at the right time, keep reliable records throughout your permission and identify the exact financial and English-language provisions that apply to your case.

The requirements must be met again at each stage. An extension or settlement application is not automatically straightforward merely because an earlier application succeeded. Equally, applicants should not assume that every document submitted previously must always be reproduced: the correct approach is to satisfy the current form, checklist and Immigration Rules, provide updated evidence and explain any material change.

1. Confirm Whether You Need an Extension or Can Apply for ILR

Start by checking your decision letter, eVisa and immigration history. Most partners on the five-year route receive 33 months after entry clearance or 30 months after an in-country grant and can apply for settlement after completing at least 60 months with qualifying partner permission. Time spent as a fiance, fiancee or proposed civil partner does not count towards that five-year period.

Applicants granted permission on the ten-year partner route are subject to a separate settlement framework in Appendix Settlement Family Life. Do not plan a five-year ILR application simply because you have held family permission for five calendar years. If the route or qualifying period is unclear, resolve that question before assembling the application. 

2. Record the Correct Application Date

A partner extension should ordinarily be made no more than 28 days before your existing permission expires, or no more than 28 days before completing the relevant 30-month period. Up to 28 days of extant partner permission may be added to the new grant. Applying materially earlier can create a shortfall before the five-year settlement point and may result in an additional extension being required.

For five-year partner ILR you must not wait until after  your permission expires. A valid application made in time will in some cases extend existing permission under section 3C of the Immigration Act 1971 while the application is pending.

Do not travel while an in-country application is pending. A permission-to-stay or settlement application is treated as withdrawn if the applicant leaves the UK, Ireland, the Channel Islands or the Isle of Man before a decision. Plan travel around the application and decision period.

Current standard processing is ordinarily eight weeks for an in-country partner application that meets the financial and English requirements, and six months for family ILR. An applicant may wish to consider the super priority service, but you will need to factor in time to secure this as availability should not be assumed. When using the super priority service, a decision is usually made by the end of the next working day, but it can take longer to get a decision in some cases and you should be told if this is the case. 

3. Make a Valid Immigration Application

A valid immigration application normally requires the specified online form, payment of the correct application fee, payment of the Immigration Health Surcharge where required, proof of identity and biometrics when requested. The application must also be made from the UK where the route requires an in-country application.

As at 8 October 2026, an in-country family permission application costs £1,407. The adult IHS for a 30-month grant is £2,587.50. A family ILR application costs £3,226 and does not attract the IHS. These figures change and should be checked again before submission. Eligible extension applicants who cannot afford the fee may be able to seek a fee waiver, but a decision on the fee-waiver request must be obtained before making the extension application. The super priority service currently attracts an additional £1,000.

UKVI can sometimes invite correction of a limited validity defect, but this is not a substitute for submitting a complete and valid application. Our separate guide explains how to make a valid immigration application in more detail.

4. Build Updated Evidence, but Do Not Treat the Previous File as a Template

Keep important civil-status documents, including marriage, civil-partnership and divorce documents, together with the previous decision letter and a complete copy of the last application. An applicant will need to ensure that they  provide the documents requested for the application they  are now making, including any specified evidence set out in the Immigration Rules.

A fact accepted in a previous application does not guarantee the result of a later application, particularly where circumstances have changed. However, it is also too broad to assume that every historic fact must always be legally re-established from the beginning. Focus on the current requirements, updated evidence and any change that needs to be explained. Never  rely on a caseworker searching an earlier application for a missing document.

5. Check Part Suitability and Disclose Changes

Appendix FM applications now apply Part Suitability. The application form asks about matters such as criminality, immigration history, deception, litigation or NHS debt and compliance with previous conditions. If a relevant matter has arisen since the last grant, obtain the records needed to explain it accurately. Keep the evidence showing how any earlier issue was resolved.

6. Show a Genuine and Subsisting Relationship and Continuing Plans in the UK

There is no single prescribed document that proves a genuine and subsisting relationship. The strongest evidence usually consists of durable official records showing a shared life, address, finances or responsibilities. Examples include tenancy or mortgage documents, council tax, utility bills, joint bank records, insurance, official correspondence and evidence relating to children.

A proportionate selection of photographs, travel records, messages, cards and evidence of family occasions can support the application. It is rarely helpful to overwhelm the decision-maker with repetitive screenshots. Decisions are made on the evidence as a whole and the individual circumstances. Our article on the genuine and subsisting relationship requirement explores this assessment in more detail.

The couple must also intend to live together permanently in the UK. Evidence may include the shared home, work and family arrangements, plans for children, financial commitments and an explanation of any period when living together was not possible. Owning property or making investments is not a requirement.

7. Keep Cohabitation Evidence and Explain Periods Apart

For an extension or five-year ILR application, the applicant must show that the couple have lived together since the last partner grant, unless there is a good reason for a period apart, and that they continue to intend to live together permanently in the UK. Our guide to the residence requirements for partners considers this issue in greater detail.

Keep a sensible spread of records over the whole period rather than collecting everything in the final month. Joint and individual correspondence to the same address can be used. If you move, retain the old tenancy, council tax or a landlord’s confirmation. If work, study, caring duties or another reason required a period apart, preserve evidence of the reason, continued contact and the arrangements for resuming life together.

8. Record Absences from the UK

The five-year partner route does not impose the standard 180-day-per-year absence cap found in some work routes. However, that does not make absences irrelevant. The qualifying period is residence in the UK, and extensive travel can raise questions about living together and the intention to make the UK the couple’s permanent home.

Keep a travel schedule with departure and return dates, destination and purpose. Retain tickets or booking confirmations where passport stamps are incomplete or no longer issued with digital records. Longer or frequent absences should be addressed expressly, particularly where a substantial part of the qualifying period was spent overseas. There may be wider evidential considerations relating to an extended period abroad, for example, arising from a family emergency or work related.

9. Identify the Correct Financial Requirement and Evidence Period

For a first successful application on the five-year partner route made on or after 11 April 2024, the usual minimum income requirement is £29,000. Applicants whose first successful fiance or partner application was made before 11 April 2024 may remain within the transitional £18,600 framework, with child additions where applicable and an overall cap of £29,000, provided they continue with the same partner. Where the sponsor receives a specified benefit, adequate maintenance may apply instead.

Permitted sources include specified employment and self-employment income, pension income, certain non-employment income and cash savings. The exact documents and periods are governed by Appendix FM-SE. Applicants relying on self-employment or income from a specified limited company should identify the applicable category and accounting period early and coordinate with their accountant.

Cash savings are calculated differently for extension and five-year ILR. For an extension, £16,000 is only the disregarded starting amount and additional savings are generally 2.5 times the income shortfall. For five-year partner ILR, Appendix FM applies the financial requirement but directs the decision-maker to disregard the words “2.5 times” in the savings formula and do not use an extension calculation for settlement, or vice versa.

Cash savings ordinarily need to be held for the specified six-month period unless a permitted exception applies, such as qualifying proceeds from a recent property or investment sale. A short dip below the required balance can be material. Our guide to the minimum income requirement explains the categories and transitional provisions in more detail.

Do not overlook adequate accommodation. The family must have accommodation that is not overcrowded or contrary to public health requirements and is available without recourse to public funds.

10. Check the Correct English Language Level

An extension applicant who previously met the requirement through an A1 speaking-and-listening test and is applying to extend as a partner will normally need A2. Other applicants may rely on nationality, an eligible degree or an exemption, and some previously accepted test results can be reused if the Rules and approved-provider requirements are met. Not every extension applicant automatically needs a new test.

For five-year partner ILR applications made before 26 March 2027, the English standard under Appendix KoLL is normally B1 in speaking and listening, unless an exemption applies. For applications made on or after 26 March 2027, the enacted standard is B2. You need to plan against the date of application and recheck the Rules before booking or relying on a test.

11. Take the Life in the UK Test in Good Time

A five-year partner ILR applicant will normally need to satisfy the Life in the UK requirement unless exempt. The Life in the UK Test does not expire, so it can be taken before the final application period. Allow time to study, secure an appointment and resolve any mismatch between the personal details used for the test and the identity document relied upon in the application.

12. Keep a Complete Digital Record and Maintain Your eVisa

Save the final application form, payment confirmations, document checklist, uploaded evidence and any covering representations in a clearly labelled digital folder. Retain the decision letter and any expired BRP for your records, while using your UKVI account and eVisa as the current record of status. Check that your passport and contact details are linked correctly to the account before any travel after a grant.

The move from BRPs to eVisas is now an operational reality and our eVisa guide explains how the digital status system works.

13. If You Do Not Meet the ILR Requirements

Do not assume that a settlement application will simply be converted into an extension. Appendix FM permits further partner permission in certain circumstances, including some cases where the knowledge of language and life requirement is not met or the applicant otherwise meets the limited-leave requirements. The outcome depends on the requirement missed and the applicant’s continuing eligibility.

Where a five-year settlement application cannot yet succeed, it may be safer to make the correct extension application. Applicants on the ten-year route should consider Appendix Settlement Family Life rather than the five-year ILR provisions.

14. Contact Our Immigration Barristers

For expert advice and assistance with a partner visa extension, settlement or nationality application, contact our immigration barristers on 0203 617 9173 or complete the enquiry form below.

15. Frequently Asked Questions

When should I apply for a partner visa extension?

You should ordinarily apply no more than 28 days before your permission expires or before completing the relevant 30-month period. Applying too early can leave a shortfall before settlement.

When can I apply for partner ILR on the five-year route?

Time as a fiance, fiancee or proposed civil partner does not count.

Can I travel after submitting an in-country partner or ILR application?

No. Travel outside the Common Travel Area before decision causes the application to be treated as withdrawn.

What are the current extension and ILR costs?

As at 8 October August 2026, the in-country family permission fee is £1,407, the adult IHS for 30 months is £2,587.50 and family ILR costs £3,226. You should recheck all figures before applying.

Which minimum income requirement applies to me?

It depends on when the first successful application on the five-year route was made and whether the application continues with the same partner. The usual post-11 April 2024 threshold is £29,000; qualifying transitional applicants remain under the earlier framework.

Is there a 180-day absence limit for partner ILR?

There is no general 180-day cap for five-year Appendix FM partner settlement, but extensive absences can affect continuous residence, cohabitation and permanent-intention requirements.

Does the Life in the UK Test expire?

No. A passed Life in the UK Test does not currently expire, although your application must still meet the current identity and evidential requirements.

Please note that the information provided in this article is for general guidance only and is based on the immigration rules and policies in force at the date of publication. Immigration law and Home Office policy can change frequently, and requirements may vary depending on individual circumstances. Legal advice should always be sought in relation to your specific situation.

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