Indefinite Leave to Remain (ILR) in the UK as a Spouse: A Guide for Swiss Nationals

For many Swiss nationals who have joined their British or permanently settled partner in the United Kingdom, settling in the UK on a permanent basis is a significant milestone. After five years of lawful residence under the UK’s spouse or partner route, it may be possible to apply for Indefinite Leave to Remain (ILR)—a status that grants permanent residence and serves as the gateway to British citizenship.

Whether you are planning your long-term future in the UK or are already living there on a spouse visa, it is important to understand what ILR entails, when you can apply, and how to meet the specific requirements. This article explains the current ILR requirements for spouses and partners, with a particular focus on the financial rules, including the use of cash savings, and outlines how upcoming changes may affect Swiss citizens living in the UK with their British partner.

When Can a Swiss Spouse Apply for Indefinite Leave to Remain?

Swiss nationals who hold leave to remain in the UK as the spouse or civil partner of a British citizen or a person with settled status may apply for ILR no earlier than 28 days before completing five years of residence in the UK under the “5-year partner route.” This time must have been spent continuously in the UK under the appropriate partner visa category.

ILR applications can, in many cases, be processed swiftly. The Home Office offers a Super Priority Service, which is available for an additional fee and can result in a decision being made within 24 hours of the applicant attending their biometric appointment. This can be particularly helpful where urgent travel or personal circumstances require a fast resolution.

Legal Requirements for ILR as a Spouse or Partner

In order to qualify for ILR as the spouse or partner of a British or settled person, an applicant must demonstrate that they continue to meet the requirements set out under Appendix FM of the Immigration Rules. Specifically, applicants must show that:

• They remain in a genuine and subsisting relationship with their spouse or partner;

• They meet the financial requirement, whether through income or savings;

• There is no reason for refusal under the general grounds for refusal (which include matters such as criminal convictions or breaches of immigration laws);

• They have adequate accommodation in the UK, which they occupy exclusively and which is not overcrowded;

• They have completed 60 months of leave in the UK as a partner under the 5-year route;

• They satisfy the English language requirement and have passed the Life in the UK test.

Each of these criteria must be clearly evidenced at the time of the ILR application, and any gaps or inconsistencies in the documentation may result in a refusal. For this reason, early planning and professional advice are strongly recommended.

Meeting the Financial Requirement for Spouse ILR

For many applicants, the most complex part of the ILR process is meeting the financial requirement. The Home Office has very specific rules not only about the level of income or savings required but also about the nature of the income and the exact documentary evidence that must be provided.

Financial Thresholds

The amount of money you and your partner must demonstrate depends on when your initial partner visa was granted:

• If your initial visa was granted before 11 April 2024, the income requirement remains at £18,600 per year (with additional amounts for dependent children who are not British or settled).

• If your initial visa was granted on or after 11 April 2024, the income requirement for ILR will rise to £29,000, but this higher threshold will not apply until 2029, when such applicants will become eligible to apply for ILR.

It is therefore essential to understand which income threshold applies to your individual case and to plan accordingly—particularly if your journey toward ILR has only recently begun.

Sources of Income

You may meet the income requirement through one or more of the following sources:

• Employment income (either the applicant’s or the sponsor’s), whether salaried or non-salaried;

• Self-employment income;

• Dividends and other non-employment income, such as from property rental or investments;

• Cash savings held for at least six months and in excess of £16,000;

• UK pension income, whether state, occupational, or private;

• Certain UK benefits, such as bereavement or maternity allowance (but not income-based benefits such as Universal Credit).

While it is sometimes possible to combine different sources of income, not all combinations are permitted. For example, self-employment income cannot be combined with cash savings to meet the financial requirement. Choosing the right strategy to meet the requirement—and structuring the application to reflect this strategy—is therefore crucial to success.

How Cash Savings Can Help Meet the ILR Financial Requirement

Swiss nationals considering settlement in the UK may wish to rely on cash savings to meet the financial requirement, especially where employment income is not sufficient or consistent.

Interestingly, the rules relating to cash savings are more generous for ILR applications than for initial or extension spouse visas.

Cash Savings in Spouse Visa vs ILR Applications

For initial or extension applications, the formula is as follows:

(Cash savings – £16,000) ÷ 2.5 = Equivalent income

This means that in order to meet the £18,600 requirement using savings alone, you would need to show a minimum of £62,500 held for at least six months.

However, for ILR applications, the full amount of savings above £16,000 is taken into account:

Cash savings – £16,000 = Amount counted toward income requirement

So to meet a financial requirement of £18,600 at the ILR stage using savings alone, you would need only £34,600.

This difference can make the ILR application far more achievable for Swiss nationals who are financially independent or have accumulated significant savings during their time in the UK.

ILR Financial Requirement from 2029: What Will Change?

Swiss applicants who were first granted a spouse or partner visa on or after 11 April 2024 will face the new financial threshold of £29,000 when they apply for ILR in or after 2029.

If you plan to rely on savings alone to meet this future requirement, the amount you will need to hold is:

• For initial/extension applications: £88,500 (£29,000 × 2.5 + £16,000 buffer)

• For ILR applications: £45,000(£29,000 + £16,000 buffer)

Being aware of these future changes now allows you to make informed decisions about work, savings, and long-term planning.

Are There Further Increases to the Financial Requirement Planned?

At the time of writing, the UK government has not announced any further increases to the financial thresholds beyond the £29,000 level. However, immigration rules and financial requirements are subject to change, and it is always advisable to stay informed or seek advice well in advance of your intended application.

How We Can Help: Legal Advice for Swiss Spouses in the UK

Applying for ILR is the final and most important step in the spouse visa journey. For Swiss citizens who are building a life in the UK with a British partner, it represents the moment when your status becomes secure and your future in the UK is guaranteed.

At Richmond Chambers Switzerland, we have extensive experience assisting Swiss nationals and other overseas partners with UK visa and ILR applications. We understand the complex financial requirements, documentary evidence standards, and practical issues that can arise during the process. Whether you are preparing for your initial visa, a renewal, or an ILR application, we can provide expert legal advice tailored to your individual circumstances.

To speak to one of our specialist UK immigration lawyers in Switzerland, call us on +41 21 588 07 70 or submit your enquiry via our website.