Applying for Indefinite Leave to Remain (ILR) as a partner or spouse requires meeting strict eligibility criteria under the 5-year partner route. A crucial aspect of this process is demonstrating that you have continuously cohabited with your British citizen or settled partner throughout your visa period. Failure to provide sufficient evidence of shared residence may result in application refusal. This post outlines the key requirements, acceptable forms of evidence, common mistakes, and best practices to successfully prove cohabitation for an ILR application.
Why Is Proving Cohabitation Important for ILR?
The UK Home Office UKVI requires ILR applicants under the family route to demonstrate that they have lived with their spouse or partner since their last visa renewal. The purpose of this requirement is to ensure that the relationship remains genuine and subsisting as claimed in the initial Family Visa (spouse/partner visa) application and as required by the Immigration Rules under Appendix FM. Further, the applicant and their partner must intend to continue to live together permanently in the UK.
The evidence demonstrating cohabitation must cover the entire qualifying period. If there are any significant gaps in residence, applicants must explain them with supporting documentation and demonstrate that they intend to continue to live in the UK on a permanent basis.
What Counts as Cohabitation for ILR?
For the purpose of Indefinite Leave to Remain in the UK, cohabitation means living together as a couple (in a marriage or akin to marriage) at the same address throughout the relevant period. Acceptable living arrangements include:
- Renting or owning a shared property with both names on the tenancy agreement or mortgage
- Staying together in a family home or shared household, with both names appearing on bills, statements, or correspondence
- Regularly staying together even if work or other commitments require short-term separations (these must be justified).
What does not count as cohabitation?
- Living separately for long periods without justification
- Having separate residential addresses on official documents
- Providing inconsistent or outdated proof of residence of more than 2.5 years old.
What Evidence Is Required to Prove Cohabitation?
The Home Office UKVI expects official documents addressed to both partners or separately to each partner at the same address. These should be spread evenly over the qualifying period.
Primary Evidence includes:
- Joint tenancy agreements or mortgage statements
- Council tax bills
- Utility bills (gas, electricity, water, landline/broadband)
- Bank statements or credit card bills from both partners with the same address
- Official letters from government departments (e.g., HMRC, DVLA, NHS) addressed individually but at the same address
Secondary Evidence includes:
- Medical records from GP or NHS letters confirming both partners are registered at the same address
- Employment letters or payslips stating the residential address
- Home insurance or life insurance documents with the shared address
- TV license or subscription service agreements linked to the address
- Correspondence from educational institutions (if applicable).
What If You Don’t Have Joint Documents?
If you don’t have joint documents, you can submit separate documents addressed to each partner at the same address, ensuring they are from credible sources and evenly spread over the qualifying period.
Using Additional Forms of Evidence
- Photographs over the years showing shared life milestones
- Joint travel bookings or tickets showing shared trips
- Supporting letters from family or friends attesting to cohabitation.
How Many Documents Are Required to prove cohabitation for Indefinite Leave to Remain in the Uk?
The Home Office UKVI guidance requires applicants to submit a minimum of six official documents spanning the qualifying period to demonstrate continuous cohabitation. These documents should be evenly distributed across the period to demonstrate an ongoing shared residence. Applicants should provide numerous pieces of documentary evidence per year for the said period. Where joint documents are unavailable, individual correspondence addressed separately to each partner at the same residential address may be submitted as an alternative. If there are any gaps in the timeline, applicants should include additional supporting evidence to account for those periods and reinforce the claim of continuous cohabitation.
What Happens If You Have Gaps in Cohabitation?
The Home Office understands that temporary periods of separation may occur due to work, family commitments, medical reasons, or travel. However, applicants must explain and justify any gaps.
How to address periods of separation:
- Provide travel tickets, boarding passes, and passports showing short-term travel
- Include employment contracts or employer letters confirming work assignments requiring temporary relocation
- Submit hotel, Airbnb, or temporary housing receipts (if applicable)
- Provide letters of correspondence, emails, or messages demonstrating continued communication during the separation.
Key Dates and Timing for Indefinite Leave to Remain
It is essential to carefully monitor visa expiry dates to avoid breaching the Immigration Rules by becoming an overstayer. Biometric Residence Permits (BRP) expired on 31 December 2024, giving way to a new method for migrants to prove their immigration status online with an eVisa.
You can apply for Indefinite Leave to Remain up to 28 days before meeting the eligibility requirements. Before applying, ensure you have spent the required time in the UK to qualify. Submitting your application too early may result in refusal. It is important not to wait until your current visa expires, if your visa expires before you are eligible to apply, you must first renew it to maintain your lawful status in the UK.
If an application is submitted more than 28 days in advance, this can lead to additional extension requirements before ILR eligibility is met. However, late applications, even by minutes, can result in serious consequences, including loss of legal status, work rights, and future visa eligibility.
Applicants should carefully plan the submission date and prepare all supporting documents well in advance and seek professional guidance.
Common Mistakes That Lead to ILR Refusal
Many applicants fail to prove cohabitation due to incomplete or inconsistent documentation. Avoid these common mistakes when applying for Indefinite Leave to Remain in the UK:
- Not providing documents spanning the entire qualifying period
- Relying solely on informal evidence (e.g., social media posts, personal letters)
- Failing to address gaps in residence with supporting documents
- Submitting documents with different or outdated addresses
- Providing only one partner’s name on key documents.
How Whytecroft Ford Can Help
Providing adequate cohabitation evidence is critical for a successful ILR application. At Whytecroft Ford, we assist with:
- Document review and organization to ensure compliance.
- Addressing gaps in residence with effective evidence.
- Preparing detailed cover letters and supporting explanations.
For expert assistance, contact Whytecroft Ford at +44 208 757 5751 or via our online contact form.
