If you’re married to a British citizen or settled person and living in the UK, you’re probably wondering how soon you can apply for Indefinite Leave to Remain (ILR). A common question is: Can you apply for ILR after just 3 years of marriage? In this article, we’ll explore the rules, exceptions, and what you need to know from an immigration law perspective.
What Is ILR and Why Does It Matter?
Indefinite Leave to Remain (ILR) grants you the right to live and work in the UK without time restrictions. It’s also a stepping stone toward British citizenship. Most applicants need to demonstrate long-term residence, good character, and strong ties to the UK.
The Standard Route: 5 Years on a Spouse Visa
Under normal circumstances, those on a Spouse or Partner visa can apply for ILR after completing 5 years of lawful residence in the UK under that category. This includes meeting specific income requirements, passing the Life in the UK Test, and proving your ongoing relationship.
So, What About ILR After 3 Years?
There’s no direct ILR route after 3 years of marriage alone—but there are a few exceptions depending on your immigration history and visa type:
Possible Exceptions:
- EU Settlement Scheme: If you’re married to an EU national with settled status, you may qualify under different timelines.
- 10-Year Long Residence Route: If you’ve been legally in the UK for 10 continuous years, your time on other visas (even student or work visas) may count.
- Accelerated Routes for Certain Visas: For example, if you’re on a Tier 1 Investor or Global Talent visa, you might qualify for ILR sooner—though this is not tied to marriage.
- Time Spent Before Marriage: If you’ve been living in the UK before your marriage under another visa type, some of that time may count toward ILR, but not always.
Misconceptions to Avoid
- Marriage alone does not fast-track ILR unless supported by a qualifying visa.
- The 3-year rule often confuses people because it applies to British citizenship applications in some cases—not ILR. If you’re married to a British citizen, you can apply for citizenship after 3 years of residence, but only after obtaining ILR first.
ILR Application Checklist
- 5 years of residence under a qualifying visa (e.g., Spouse visa)
- Proof of ongoing relationship
- Life in the UK Test passed
- English language requirement met
- No serious criminal record or immigration violations
Final Thoughts
While being married to a British citizen is certainly beneficial in the immigration process, you cannot apply for ILR solely based on 3 years of marriage. Understanding the visa categories, timeframes, and exceptions is key to avoiding delays or refusals.
Want to check your ILR eligibility or need help preparing your application? Contact a UK immigration advisor for tailored guidance.