Spouse Visa Application

A UK Spouse Visa, or a Partner Visa UK, is a type of Family visa that lets you join your British partner in the UK for up to 30 months. You can renew it for another 30 months if you qualify. This visa is the first step to getting Indefinite Leave to Remain (ILR) and then British Citizenship.

To apply for this visa, you must be married or in a civil partnership with someone who is a British citizen, UK settled person or UK refugee. You also need to prove that your relationship is genuine and that you meet certain financial requirements.

Our immigration lawyers can help you with your UK Spouse Visa application and advise you on how to enter and stay in the UK with your partner if they are a UK citizen.

This visa is not the same as the UK Marriage visitor visa, which only lets you come to the UK to get married or enter into civil partnership. It does not matter if your partner is a British citizen or not for this visa.

What is a UK Spouse Visa

A UK Spouse Visa is a settlement visa that allows you to join your partner or spouse in the UK if they are a British citizen, UK settled person or UK refugee. It is also known as a UK Partner Visa and it is part of the Family visa category.

With a UK Spouse Visa, you can live and work in the UK for up to 30 months. You can then apply to extend it for another 30 months if you meet the eligibility criteria. This visa is the first step towards getting Indefinite Leave to Remain (ILR) and British Citizenship.

You need to apply for a UK Spouse Visa if you are from outside the European Economic Area and you are:

  • Married or in a civil partnership with a UK citizen or settled person

  • Living together in a relationship for at least 2 years and you can prove it

  • Engaged or have a Fiance Visa UK and will get married within 6 months of arriving in the UK Your British partner can apply for a UK Spouse Visa on your behalf as long as they meet the requirements. They need to provide their name and details as the sponsor of your application.

Our immigration lawyers can help you with your UK Spouse Visa application and advise you on how to enter and stay in the UK with your partner.

Who can apply

To apply for a UK Spouse Visa, you must be:

  • Aged 18 years or over

  • Married or in a civil partnership that is recognised by the UK

  • Married to a British citizen or UK settled person You also need to meet the following requirements:

  • Prove that your relationship is genuine and not for immigration purposes

  • Meet the minimum income threshold and show that you have enough money to support yourselves and any dependents without claiming public funds

  • Demonstrate your knowledge of the English language at level A1 or higher

  • Have proof of suitable accommodation for you, your partner and any dependents

  • Get your biometrics taken (fingerprints and photo) as part of your application

  • Pass a medical test to show that you do not have Tuberculosis (TB) if you are from a country where TB is common

How to prove your relationship is genuine

One of the most important parts of your UK Spouse Visa application is proving that your relationship with your British partner is genuine and not for immigration purposes. The Home Office will assess your application based on the evidence you provide, such as:

  • A joint mortgage or tenancy agreement, either in the UK or abroad

  • Evidence of any children you have together, such as birth certificates

  • Photographs that show you have spent time together regularly

  • A shared bank account or savings

  • Text messages or social media chat logs

  • Travel documents that show you have visited each other at least once before getting married

  • Any documents that show that you plan to live together in the UK

How to meet the financial requirement

Another key requirement for your UK Spouse Visa application is meeting the financial requirement. This means that you and your partner must have enough money to support yourselves and any dependents without relying on public funds.

The financial requirement depends on how many dependents you have. If you have no dependents, your partner must have an income of at least £29,000 before tax.

The income can come from various sources, such as:

  • Employment or self-employment in the UK or abroad

  • Pension or benefits

  • Savings or investments

  • Rental income or property ownership

If you do not meet the financial requirement from these sources, you may be able to apply under exceptional circumstances. For example, if you have a disability, are a carer, or face significant hardship. Our immigration lawyers can help you assess your situation and advise you on how to meet the financial requirement.

What accommodation do I need

To apply for a UK Spouse Visa, you need to show that you have a suitable place to live with your partner or spouse in the UK. Your partner or spouse, who is your sponsor, must prove that they can provide adequate accommodation for themselves, you and any dependents who will live with you in the UK.

The Home Office will ask you to provide these documents as proof of accommodation:

  • A description of the property where you plan to live with your spouse

  • Proof that there are enough rooms in the property for everyone

  • Evidence that you can afford to pay for your family’s accommodation How can I meet the Spouse Visa accommodation requirements? To meet the accommodation requirements, your property must have enough rooms for the couple and any dependents. The Home Office will use these rules to count the rooms:

  • Couples can share one bedroom

  • Living rooms can be counted as bedrooms

  • Children under 1 do not need their own room

  • Children aged 1-9 years old count as half a person

  • Children aged 10 years or over count as an adult

  • Children aged 10 years or over of the opposite sex cannot share a room This means that two children under 10 years old can share one room, and babies under one year old can stay in the same room as the couple.

How to apply for a Spouse Visa

You should start your Spouse visa application well before your planned move to the UK, and do not book your flight or travel until you get a visa approval from the Home Office.

You can start your UK Spouse visa application online by filling out Appendix FM and other forms from outside the UK. You may also need to visit a visa application centre to give your biometrics (fingerprints and photo) as part of the process. You need to complete several forms and documents correctly and provide enough evidence to increase your chances of getting a UK Spouse or Partner visa.

If you are applying from inside the UK, the process is different as you need to show proof that you are in the UK on an eligible visa to switch to the UK spouse visa.

The Home Office may have doubts about your application and invite you for a Spouse visa interview. They will ask you questions to check if your relationship and intention in the UK are genuine.

How much does a UK Spouse Visa application cost

The Home Office charges £1,538 for a Spouse visa application from abroad. If you apply from inside the UK, the cost is £1,048. This fee will go up if you apply with dependents and for each dependent.

You can only apply from inside the UK if you are not coming to the UK as a visitor or have been given leave to stay in the UK for more than 6 months. You also cannot apply for a fiance(e) or proposed civil partner visa from inside the UK.

There are other costs related to your UK Spouse Visa application that you should consider when you send your forms. These include:

  • Professional translation services for your documents that are not in English or Welsh

  • An approved English test, which is a mandatory requirement for most applicants

  • Extra fees for the Home Office’s Priority Premium Service, if you want to get an answer from the UKVI within five working days

  • Immigration health surcharge

    What happens if my UK Spouse Visa application is approved?

    If your application is approved, you will get leave to remain, which lets you enter the UK within a 30-day period. When you arrive in the UK, you will have 10 days to collect a Biometric Residence Permit (BRP).

What documents do I need?

To apply for a UK Spouse Visa, you need to provide the following documents to the Home Office:

  • Your original marriage or civil partnership certificate

  • Proof that you and your partner have been living together for at least two years

  • A valid passport

  • A valid English language certificate

  • Proof of accommodation

  • Proof of genuine relationship

  • Proof of income and financial requirement

  • Proof of your partner’s British citizenship or settled status (for example, a copy of their passport) Any documents that are not in English must be translated by a professional translator. All evidence must follow the Home Office’s format and guidelines.

What income can I use?

To qualify for a UK Spouse Visa, you and your partner must meet the minimum income requirement. This means that you must have enough money to support yourselves and any dependents without claiming public funds.

The minimum income requirement depends on how many dependents you have. If you have no dependents, your partner must have an income of at least £29,000 before tax.

The income can come from various sources, such as:

  • Employment or self-employment in the UK or abroad

  • Pension or benefits

  • Savings or investments

  • Rental income or property ownership

If your partner is applying from outside the UK, they can use their savings but not their earnings. However, if your partner is working in the UK, their earnings can count towards the income requirement.

You can also use a combination of savings and earnings to meet the income requirement. However, you must show that you have enough financial support for the whole duration of the visa.

To calculate how much savings you need, first subtract any other eligible income from the minimum requirement. Then, multiply this amount by 2.5 and add 16,000.

What if I don’t have enough income

If you don’t meet the minimum income requirement from the sources listed above, you may be able to apply under exceptional circumstances. This applies if you are receiving any of these benefits:

  • Disability Living Allowance

  • Severe Disablement Allowance

  • Industrial Injuries Disablement Benefit

  • Attendance Allowance

  • Carer’s Allowance

  • Personal Independence Payment

  • Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme

  • Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme

  • Police Injury Pension

In this case, you don’t need to meet the minimum income requirement, but you need to show that you have adequate maintenance. This means that you have enough money to support yourselves and any dependents after paying for housing.

The amount of adequate maintenance depends on your circumstances. Generally, you need at least £120 per week after paying for housing. If you have a child or children, this amount will increase.

How do I prove my English language skills

To apply for a UK Spouse Visa, you need to show that you can speak and understand English at level A1 or higher. You can do this by taking an English language test from an approved Secure English Language Testing (SELT) provider.

Currently, there are two SELT providers for immigration purposes: Trinity College London and IELTS (International English Language Testing System). Your English language certificate will be valid for two years.

You don’t need to take an English language test if you:

  • Are from a majority English speaking country

  • Are aged under 18 or over 65

  • Have a long-term physical or mental condition

  • Have a degree or qualification that was taught or researched in English. Your qualification must be confirmed by UK NARIC.

What if my application is refused?

If your UK Spouse Visa application is refused, you have the option to appeal against the Home Office’s decision. This is a complex and lengthy process that requires the help of an immigration adviser.

To appeal a UK Spouse Visa refusal, you need to:

  • Submit your appeal to the Immigration and Asylum Chamber within 28 days of receiving the refusal decision if you applied from outside the UK, or 14 days if you applied from inside the UK

  • Make sure that your grounds for appeal are valid and likely to be accepted

  • Prepare your case to present the strongest possible evidence to the Immigration Tribunal

  • Collect the supporting documents to show why your application should be approved

  • Attend your hearing at the Tribunal (if applicable) How long does the Spouse Visa appeal process take? The appeal process can take a long time. Some applicants may have to wait up to 12 months or more for a decision on their appeal against a UK Spouse Visa refusal.

Some of the reasons for refusal include:

  • Not meeting the financial or language requirements

  • Not proving that the marriage is genuine and ongoing

  • Not providing the correct supporting documents

  • Completing the application incorrectly or inaccurately The best way to avoid having to appeal a UK Spouse Visa refusal is by making sure that your initial application is as accurate and complete as possible.

What happens if my UK Spouse Visa application is approved?

If your application is approved, you will get leave to remain, which lets you enter the UK within a 30-day period. When you arrive in the UK, you will have 10 days to collect a Biometric Residence Permit (BRP).

Contact us.

Call us on 0330 1337 986 or leave your details below and one of our team will contact you.

FAQs

What is the definition of a spouse?

The UKVI definition of a spouse is a husband or wife, considered in relation to their partner through marriage.