The UK Spouse Visa

What is the Spouse Visa UK?

A Partner Visa UK, also known as a UK Spouse Visa, is a settlement visa that allows you to live together with your British partner in the UK for up to 30 months. It is one. of the visas under the Family visa category.

It can be extended for another 30 months if you meet certain eligibility conditions. Holding a Partner Visa is the first step toward Indefinite Leave to Remain (ILR) and, eventually, British Citizenship.

To apply for a UK Spouse Visa and enter the UK, you must be married to or in a civil partnership with a British citizen, UK settled person or UK refugee. The main eligibility criteria include providing proof that you are in a genuine relationship and that you meet specific financial conditions.

If you hold a Spouse Visa in UK, you have the right to work like all British citizens. However, you cannot claim most benefits, such as public funds, housing allowance or tax credits.

Get in touch with our immigration lawyers to receive professional advice on your UK Partner Visa case and learn how you can enter the UK and get leave to remain with your partner if he or she is a UK citizen.

Note that this visa is different from the UK Marriage visitor visa that only allows you to come to the UK to get married or enter into civil partnership, regardless of if your partner is a British citizen or not.

Who can apply for a Spouse Visa?

You can apply for a UK Spouse Visa if you are:

• 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 have been living together in a relationship for the past 2 years and you can prove it
• You are engaged, or you hold a Fiance Visa UK and will get married within 6 months of being in the UK

British citizens can send the leave to remain forms on their partner’s behalf as long as they are eligible. You must list their name and information as the applicant’s details.

What are the requirements for a Spouse Visa?

Before you submit your application for a UK Spouse Visa, you need to:

• Have all the required documents
• Pass the ‘Genuine Relationship Test’
• Meet the minimum income threshold and the financial requirement
• Demonstrate your knowledge of the English language
• Have proof of suitable accommodation for you, your partner and any dependents
• Get your biometrics taken to get leave to remain
• To remain in the UK, you may also need to pass a medical test to show you don’t have Tuberculosis (TB), depending on the applicant’s country of residence

What is the ‘Genuine Relationship Test’?

The UK Spouse Visa applicant needs to be able to prove they are in a genuine relationship, such as a civil partnership, with their British citizen partner.

You will need to prove your relationship is genuine and subsisting. Send evidence in your application that:

• confirms your relationship with your partner – for example, that you live together, share expenses or are married or in a civil partnership
• comes from the government, a bank, landlord, utility provider, or a medical professional
• is less than 4 years old

How Do I Satisfy the Genuine Relationship Requirement?

There are lots of different types of evidence you can send to the Home Office, such as:

• A joint mortgage or tenancy agreement, either in the UK or outside the UK. You can also use utility bills or council tax bills confirming that you live at the same address or pay bills together
• A marriage certificate or civil partnership certificate
• Evidence of any children you have together, such as a birth certificate
• Photographs that show you have spent time together frequently
• A shared bank account or savings. Supply a bank statement from a joint bank account, or confirming that you live at the same address
• Text messages or social media chat logs
• Travel documents that prove you’ve visited each other at least once before you got married
• Any documents which prove that you intend to live together in the UK

If you do not have any evidence that meets these criteria, there is other evidence you may be able to provide, in some circumstances, instead, including:

• One-off bills like vet’s fees or home repair costs
• Letters confirming you and your partner are on the voting register for the same address
• Student finance paperwork confirming that you live at the same address

If you do not live together

If you cannot live together because of work or study, or for cultural reasons, you’ll need to prove that you have an ongoing commitment to each other. You can do this by providing evidence that you:

• Communicate regularly with each other  
• Support each other financially  
• Care for any children you have together  
• Spend time together as a couple, for example on holiday or at events

Before you submit your application for a UK Spouse Visa, you need to:

• Have all the required documents
• A marriage certificate or civil partnership certificate
• Pass the ‘Genuine Relationship Test’

What are the Spouse Visa financial requirements?

The UK national in the relationship is known as the sponsor, and they must meet specific criteria.

First, you will need to prove that you and your wife/husband/partner meet the financial requirement and have enough money to support yourselves without claiming public funds.

• The UK spouse needs an income of at least £29,000 a year before tax.

What if I don’t meet the financial requirement?

If you don’t have enough money from all the listed sources of income to meet the mandatory Partner/Spouse Visa financial requirement, or you are unsure about your income, seek the advice of our specialist immigration lawyers, as exceptional circumstances may apply.

What sources of income can be included to meet the Spouse Visa financial criteria?

To meet the minimum income requirement for your UK Spouse Visa application, you can use:

• Cash savings – £16,000 + (income requirement x 2.5 years). Thus, if depending entirely on cash savings, you must have £88,500 in cash savings: (£29,000 x 2.5 + £16,000 = £88,500)
• Earnings from employment or self-employment
• Maternity, paternity, adoption or sick pay
• Pensions
• Other income, such as that generated from rent or shares

Savings

Any savings between £16,000 and £88,500 can contribute to meeting the financial criteria for the Spouse Visa, effectively reducing the salary requirement you face. Relatively high savings are needed to nullify the financial requirement through salary completely; this figure would be £88,500. Essentially, you need to prove you have enough savings to comfortably live in the UK for the duration of your visa, which is 2.5 years. 

If your savings are less than £16,000, then there is no benefit, and it will not help you meet the financial requirements. If savings are over £16,000, you will begin to reduce the amount you need to prove by other means.

• Savings of below £16,000 do not contribute to the financial requirements
• Savings of £88,500 or more will mean you have enough to meet the financial requirements with savings alone, meaning you do not need to prove a certain salary or other means of meeting the financial requirements

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

You can also use a combination of savings and earnings to help you meet the minimum income threshold. However, you must prove you have enough financial support for the entire length of the permit.

Can I use income from benefits for my case?

There are cases where you won’t need to meet the mandatory eligibility criteria, such as if you are claiming any one of the following 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

However, you will need to prove that you have enough money to support your dependents. This is called ‘adequate maintenance,’ and the exact amount you need will depend on your individual circumstances.

Typically, you will need at least £120 per week after you have paid for housing. If you have a child or children, this amount will increase.

What are the Spouse Visa required documents?

Having all the correct documents to support your UK Spouse Visa application will help ensure its success and prevent delays.

These are the documents you will need to send to the Home Office to get the right to remain in the UK:

• Your original marriage or civil partnership certificate
• Proof that you and your partner have been living together for at least the past two years
• A valid passport to get leave to remain in the UK
• A valid certificate to meet the English language requirement
• Proof of accommodation
• Proof that the relationship is genuine
• Proof that you meet the income threshold and the financial requirement
• Proof that you are married to a British citizen or settled person (for example, UK citizens can submit a copy of their passport)

Please note that any documents that are not in English need to be accompanied by a translated version from a professional translator. All evidence must be in the exact format required by the Home Office.

What is the Spouse Visa English Language Test?

Applicants who wish to live in the UK need to prove that they can speak English.

If you must sit an English test in speaking and listening to get the right to remain in the UK with your UK spouse, your qualification will be valid only if your English exam is taken through an approved Secure English Language Testing (SELT) Provider.

Currently, SELT tests for immigration purposes are only available through the Trinity College London or the IELTS (International English Language Testing System) Consortium.

English Language Test Exemptions

This is usually through passing an English test unless you qualify for an exemption. You do not need an English Language test if you:

• Are a national of a majority English-speaking country
• Are aged under 18 or over 65
• Have a long-term physical or mental condition
• Hold a degree or any educational establishment that was taught or researched in English. Your qualification will only be valid if confirmed by UK NARIC.

What are the UK Spouse Visa accommodation requirements?

You will need to present proof of accommodation that meets UK living standards as part of your UK spouse visa application.

Your UK national partner, who acts as your sponsor, will need to show that he or she can provide adequate accommodation for themselves, the applicant and any dependents who intend to live in the UK.

For proof of accommodation, the Home Office will ask you to provide:

• A description of the property where you intend to live with your spouse
• Proof that there are enough rooms in the property to accommodate everyone
• Evidence that you can afford to pay for your family’s accommodation

How can I qualify for the Spouse Visa accommodation requirements?

To qualify for the Spouse visa UK accommodation requirements, your property needs enough rooms to accommodate the couple and any dependents. Each person needs an individual room, however:

• Couples can share the same bedroom
• Living rooms can be included when counting 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 aged under 10 years can share one room, and babies under one year old can live in the same room as the couple.

How to apply for a Spouse Visa

Ensure you start your Spouse visa application ahead of your planned move to the UK, and do not book your flight or travel before you get a visa approval from the Home Office.

The UK Spouse visa application process can start online by completing Appendix FM and other forms from outside the UK. However, you may need to visit a visa application centre to give your biometrics as part of the process. Note that there are several forms and documents involved, and they must be filled correctly with sufficient evidence to increase your chances of obtaining a UK Spouse or Partner visa.

If you are applying from within the UK, the process is different as you will need to show proof that you are in the country on an eligible visa to switch to the UK spouse visa. You can only apply from inside the UK if your current visa is eligible.

When reviewing your Spouse visa UK application, if the Home Office has any doubts about your application, you may be invited to come for a Spouse visa interview. During the interview, you will be asked questions to determine the genuineness of your relationship and intent in the UK.

The Spouse visa application process can be lengthy and difficult to go through alone. We can help. Contact us now on +44 (0)333 414 9244 or make an enquiry online to speak with one of our immigration lawyers about your application for a Spouse Visa UK

What are the UK Spouse Visa Fees?

The Home Office fee for a Spouse visa is £1,938 for any application submitted from outside the UK. If you are submitting your spouse visa application from within the UK, the cost is reduced to £1,321. This charge will increase if you are applying with dependents and will increase for each dependent–see the table below.

There are additional costs related to your UK Spouse Visa application that you should consider as you prepare for the application. This includes:

• Qualified translation services if your documents are not in English or Welsh
• An approved English test if you are required to take one
• Additional fees for the Home Office’s Priority Premium Service if you wish to receive an answer from the UKVI within five working days
• Immigration health surcharge

A breakdown of all the Home Office spouse visa fees is provided in the table below.

Fees for translation and English language test for a spouse visa application are subject to the provider.

The NHS fee for the spouse visa (immigration health surcharge) is per year. So, if your visa application is for two years and six months, you will pay the fee per year multiplied by 2.5.

How long does application process take?

It usually takes between 2 to 12 weeks for a UK Spouse Visa case to be processed.

The Partner Visa processing time can vary depending on the documents provided and the country from which the application is submitted.

What happens if my UK Spouse Visa application is accepted?

When your application is accepted for a Spouse visa uk, you will be given leave to remain, which allows you to enter the UK within a 30-day period. Upon arrival in the UK, you will have a 10-day period in which to collect a Biometric Residence Permit (BRP).

If you fail to enter the UK within this time frame, you can submit an application for another 30-day entry permit. However, you will be charged an additional fee.

What happens if my Spouse Visa application is rejected?

If your case is rejected, you can appeal against the Home Office’s verdict. This is a long-winded and challenging process that is best assisted by an immigration adviser.

IAS can assist with all aspects of your case. If you need help with your Spouse Visa appeal application, please get in touch, and our immigration specialists will be able to assist you.

We have offices located across the UK, including in London, Manchester, or Birmingham. You can also use the office finder to find the closest branch to you.

Spouse Visa appeal process

If you wish to submit a Spouse Visa appeal, you should act quickly and follow the below steps:

1. Submit your appeal to the Immigration Asylum Chamber within 28 days of receipt of the refusal decision if overseas, or 14 days if your application was made inside the UK
2. Ensure that your grounds for appeal are legitimate and are likely to be accepted
3. Prepare your case to submit the strongest possible application to the Immigration Tribunal
4. Gather the supporting documents to demonstrate why your application should be accepted
5. Attend your hearing at the Tribunal (if relevant)

How long does the Spouse Visa appeal process take?

Unfortunately, the appeal process for a spouse visa uk can be quite lengthy. Some applicants may have to wait up to 12 months or longer for a decision to be made on their appeal against a Spouse Visa refusal.

Some of the reasons for refusal include:

• Failing to meet the financial or language requirements
• Failure to prove that the marriage is genuine and subsisting
• Not submitting the correct supporting documents
• Incomplete or inaccurate application

The best way to avoid having to go through the Spouse Visa appeal process is by ensuring that your initial application is as accurate as possible.

Can I renew or extend a UK Spouse Visa?

You can renew and extend your UK Spouse Visa for another 2.5 years, as long as your current leave to remain hasn’t expired.

In order to qualify for a Spouse visa extension, you must:

• Still be in a genuine relationship with the same spouse with whom you applied for the first spouse visa
• Still be in the UK with the spouse and intend to continue living in the UK with the spouse
• Still meet the minimum income requirements that were in force when you first applied for your visa
• Not have not breached any UK law or immigration conditions
• Still meet character suitability conditions

There are a few other requirements for a UK spouse visa extension. Kindly reach out to us today on +44 (0)333 414 9244 for advice or support with a spouse visa extension application.

After you have lived in the UK for a total of 5 years on your Marriage visa, you can apply for settled status (ILR). Get in touch with our lawyers if you need to apply for a UK Spouse Visa renewal.

How can IAS’ Spouse Visa Solicitors help?

Spouse Visa applications can be complex, and using the services of an immigration expert is highly recommended. You will need to ensure that you meet all of the mandatory requirements, complete the relevant forms and collate your evidence for submission. This will need to be extensive and prove that your relationship is genuine.

At IAS, we understand the importance of being close to loved ones, and we make it our priority to maximise your chances of doing this.

Our team of specialist immigration advisers and spouse visa solicitors can guide you through each step of your application process for a Partner Visa in the UK. Our services include:

• liaising with you in person, via phone or Skype at a time that suits you;
• assessing your eligibility;
• checking your documents to ensure that they are sufficient for your Partner Visa application;
• ensuring that you have enough proof that your relationship is genuine;
• preparing a Letter of Representation to accompany your application;
• liaising with the Home Office until your case is resolved;
• completing each part of your application form to the highest standard.

IAS has an excellent track record of successful cases, and our spouse visa solicitors are highly experienced in this field. To apply for a UK Spouse visa, contact IAS online or on +44 (0)333 414 9244 today for professional, no-obligation advice or assistance.

Additional Resources

• Gov.uk resources for the Spouse visa
• Spouse visa requirements
• Entry clearance on a UK spouse visa
• Spouse visa processing time
• Indefinite Leave to Remain from a Spouse visa
• Spouse visa if pregnant