UK Spouse Visa

What is a UK Spouse Visa?

A UK Spouse Visa, also known as a Partner Visa or Family of a Settled Person Visa, allows a non-UK national to enter or remain in the UK with their partner.

To be eligible, the applicant must be married to, in a civil partnership with, or cohabitating with a British citizen or someone who is settled in the UK.

Visa Pathway

This visa route offers a route towards settlement in the UK or Indefinite Leave to Remain (ILR). This allows an individual to remain in the UK permanently and if desired, it also allows them to apply for British Citizenship.

Visa Duration and Grant Lengths

If you apply from outside the UK, a Spouse Visa is normally granted for 33 months (2 years and 9 months). If you apply from inside the UK, you usually receive 30 months (2 years and 6 months).

Each extension is granted for a further 2 years and 6 months, and you can extend more than once if needed. You must apply to extend while your current permission is still valid so that you can reach the 5-year point needed for settlement. Once you have completed 5 years continuously on this route, you can apply for ILR instead of a further extension.

Fiancé(e) and Proposed Civil Partner Route

If you are engaged but not yet married, you can apply for a Fiancé(e) Visa or under the proposed civil partnership route instead. This visa is granted for 6 months, during which the wedding or civil partnership ceremony must take place in the UK.

You cannot work or study during the engagement period on this route. After the marriage has taken place, you must apply to extend your stay on this route by switching into the Spouse Visa.

If you are already in the UK as an unmarried partner and become engaged, you should extend under your existing route by switching to the appropriate Partner Visa category rather than switching to the fiancé(e) route, as this keeps your employment rights and your progress towards settlement intact.

Dependents

The Spouse Visa allows you to bring dependents along with you if your application is successfully granted. A dependent, typically your child, may come to the UK with you so long as:

• They are under the age of 18 at the time of application or were under 18 when leave was initially granted

• They do not live an independent life, meaning they have not left home, do not have a family of their own, and are not financially self-sufficient

There are also costs if you are adding dependents to your visa application.

Switching to a Spouse Visa

If you are currently residing in the UK on another visa, such as a Student Visa or a Work Visa, and meet the eligibility requirements, you can switch to a Spouse Visa.

If you choose to switch to a Spouse Visa, your application fee will be less if you apply from within the UK; however, your period of stay will be three months less than it would have been if you applied from abroad.

If you later apply for a spouse visa extension, you will still work towards the 5 years of continuous stay needed to settle in the UK.

If you are unsure what steps need to be taken to switch to a Spouse Visa with a high likelihood of success, you can book a consultation with our London-based law team.

Spouse Visa Eligibility

To qualify for the UK Spouse visa, you and your partner must both be over 18 and in a genuine relationship. You must be able to prove that you are married, both intend to continue your relationship after you apply and to continue living together in the UK.

Who Can Sponsor a Partner Visa?

Your partner must be able to prove that they hold any of the below:

• British or Irish citizenship

• Indefinite Leave to Remain or Settled Status (previously known as Permanent Residence)

• EU, Switzerland, Norway, Iceland or Liechtenstein citizen with Pre-Settled Status who started living in the UK before 1 January 2021

• Turkish Businessperson Visa or Turkish Worker Visa

• Humanitarian Protection or Refugee status in the UK

Stateless Persons and Protection Status Sponsors

Someone who has permission to stay in the UK as a stateless person can also sponsor you, provided that permission was granted before your relationship began.

Sponsors who hold Refugee or Humanitarian Protection grants remain eligible, but the rules depend on when their asylum claim was made. If your sponsor's protection stems from an asylum claim made on or after 2 March 2026, your permission to stay may end when your sponsor's permission ends. For asylum claims made before 2 March 2026, your leave is not tied to the sponsor's protection in this way. If your sponsor's claim falls close to the 2 March 2026 cut-off, check the date carefully when applying, as it affects how secure your own position will be.

Relationship Requirements

You and your partner must have met each other in person, must not be closely related, and, if you are married or in a civil partnership, the marriage or civil partnership must be legally recognised in the UK. A religious ceremony that is not legally registered will not meet this requirement.

For the Unmarried Partner Visa application, you would usually need to show cohabitation of 2 years. There is an exception for couples in a genuine relationship of 2 years or more who cannot live together because of employment, study, or religious or cultural reasons. In these cases, you will need to evidence the relationship in other ways, such as records of regular communication, evidence of financial support for each other, shared childcare responsibilities, and evidence of time spent together, for example travel bookings and visit stamps.

Spouse Visa Requirements

As well as fulfilling the eligibility criteria, the following requirements must be met when applying for a Spouse Visa:

• Passing the ‘genuine relationship test’

• Meeting the minimum income and financial requirements

• Showcasing a good knowledge of English

• Having proof of suitable accommodation for you and your partner

The genuine relationship test

There are many ways you could prove that your relationship is genuine. Generally, one or more relevant documents may be used as evidence, such as:

• A certificate showing you are married or in a civil partnership

• Joint bank account statements

• Tenancy agreements

• Any utility or council tax bills showing you live at the same address

Any evidence should be recent and confirm that you are both living at the same address (if applicable), sharing expenses and/or are married (or in a civil partnership).

Records or official letters from the government, banks, utility providers, or a medical professional may all be valid sources of evidence.

Please note that any photographs, messages (texts or social media), receipts or greeting cards are not considered strong evidence alone in a visa application.

Previous Relationship Broken Down Permanently

The Home Office requires proof that neither you nor your spouse are married to another person at the time of your application for a Spouse Visa.

If either of you has been previously married, you must provide evidence that the marriage has legally ended:

• Divorce in the UK: Submit an absolute decree from a civil court.

• Divorce outside the UK: Provide a certificate equivalent to a decree absolute, valid under the relevant country’s law.

If a previous marriage has not been legally dissolved, you may still be eligible for an Unmarried Partner Visa. In this case, you need to:

• Show evidence that the new relationship is genuine and ongoing.

• Prove that the previous relationship has permanently ended.

Minimum income requirements

Evidence of a viable income is needed to successfully apply for a Spouse Visa. You must prove that you and/or your partner have gross UK income of at least £29,000 per year, or £23,496 per year if one of you is in the HM Armed Forces.

In this case, ‘income’ does not only refer to wages but can also be:

• Cash savings above £16,000

• Pension money

• Property rental income

• Dividends

• Other regular non-employment income

You must prove that you receive such money with appropriate documentation. Valid forms of evidence may include:

• Payslips (6 months minimum)

• Bank statements

• Letters from an employer (dated, on headed paper). This letter should confirm your employment details and income

If your UK sponsor receives certain Benefits or Allowances, you may be exempt from the minimum income requirement as long as we can show adequate maintenance.

In some instances, evidence of your earnings can be difficult so you may require assistance from legal experts with experience in this area. QC Immigration can check to ensure that your finances do not come into question when your case is being reviewed.

Combining Cash Savings with Income

If your income falls short of the threshold, you can make up the difference with cash savings using this formula: (income shortfall × 2.5) + £16,000. For example, if your combined income is £25,000, the shortfall is £4,000, so you would need £4,000 × 2.5 + £16,000 = £26,000 in savings.

For example, cash savings of £88,500 will meet the minimum income requirement of £29,000. If you have £21,000 in savings, you can reduce the annual requirement by £2,000.

Savings must be held in a cash account with immediate access and must have been owned by you, your partner, or both of you jointly for at least six months prior to applying. Proceeds from selling a property or other assets can also count, provided the period of ownership combined with cash savings covers at least six months prior to the Visa application.

Whose Income Counts Toward the Financial Requirement

For an applicant who is abroad and applying for entry clearance to join the Sponsor in the UK, the applicant's overseas employment or self-employment income cannot be counted towards the financial requirement, because it will not continue once they move to the UK. The applicant's UK earnings can be counted if they already hold a visa that permits employment.

Cash savings and non-employment income, such as rent, pensions, or investment returns, is accepted regardless of where it is earned or who receives it. No additional amount is needed when dependent children are included under the current £29,000 threshold.

English language requirements

You can demonstrate your English language proficiency with an academic qualification taught or researched in English or by taking an approved English language test.

Academic qualifications that have not been obtained in the UK will need to be certified by UK ENIC (Formerly UK NARIC), through a Statement of Comparability or a Visa and Nationality Statement. A Statement of Comparability is needed even if the qualification has been obtained in one of the following countries below.

For any other country, you may need a Visa and Nationality Statement.

Alternatively, you may choose to take an approved test to prove your knowledge of English. On your first visa application, you must pass at least level A1 on the Common European Framework of Reference for Languages (CEFR) scale. You may choose to pass a higher CEFR level, especially if you are planning to settle permanently after 5 years.

In some cases, you may not have to prove your knowledge of English. This applies if you either:

• Are under 18 or over 65

• Are an adult coming to be cared for by a relative

• Have been in the UK on a Family Visa for 5 years

• Have a physical or mental condition preventing you from meeting this requirement

Nationals from the following countries are also exempt from the language requirement:

• Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, Malta, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, USA

Suitable accommodation

You will need to show that you and your partner (as well as any dependant) will be occupying suitable accommodation in the UK. This accommodation needs to be adequate for the number of individuals, and be exclusively owned or occupied by the applicant and their family, without the need for public funds.

The accommodation cannot be overcrowded according to UK legislation and must meet public health regulations.

Applicants need to provide documentation that showcases that their accommodation meets the criteria. Depending on whether the accommodation will be rented or owned, this could include a letter from a landlord or a copy of the title deeds.

Documentation

The documents applicants need to provide can vary based on individual circumstances, such as whether they have dependants. The typical documentation you will be required to provide includes:

General Documentation

• Your current passport (or other valid travel ID) to confirm your full name and date of birth.

• Copies of the photo page and any past visa or entry stamps in previous passports.

• Your partner’s current passport.

• Documented evidence of your partner’s right to be in the UK (e.g., British citizen, indefinite leave to remain, humanitarian protection status or other).

• Your eVisa details, if you have one.

• Any past visa applications, if applicable.

• Any criminal convictions, if applicable.

Relationship Evidence

• Proof of marriage if applying as a spouse or civil partners.

• Evidence of cohabitation such as tenancy agreements, utility bills, or bank statements.

• Clear evidence of a genuine and subsisting relationship, demonstrating your commitment to live permanently in the UK.

Alternative Evidence When Standard Documents Are Unavailable

If you cannot produce standard evidence such as joint bills or a tenancy agreement, other paperwork showing a shared address can support your case, including:

• One-off documents addressed to you separately at the shared address, such as letters from bank or HMRC

• Letters confirming your entry on the electoral (voting) register at the same address.

• Student finance paperwork showing the shared address.

Financial Evidence

• Recent bank account statements showing your finances.

• At least Six months of UK payslips.

• Evidence of cash savings if needed to meet the financial requirement.

Accommodation Evidence

• Proof of accommodation such as tenancy agreements.

• Property deeds if you own your accommodation.

• Letters from landlord or property manager confirming your living arrangements.

Additional Documentation

• A tuberculosis test result if applying from a country where it is required.

• Certified translations of documents not in English or Welsh.

• Parents’ information for dependents under 18.

Processing Time

The standard processing timeline for a UK Spouse Visa can vary depending on whether the application is made from inside or outside the UK.

• Applications made from outside the UK: up to 12 weeks to process,

• Applications made from within the UK: typically 6-8 weeks.

Your eVisa is typically issued upon approval of the Visa application.

Priority Services

The Super Priority Service aims to provide a decision within 24 hours, available to applications made in the UK. For applications submitted outside the UK, the Priority Service accelerates the decision-making time, by putting the application in front of the queue which typically halve the standard waiting time.

These expedited services cost more but offer a faster timeline.

Spouse Visa application costs

Here are the key fees associated with applying:

Application Fees

• Applying from Outside the UK: £2,064

• Applying within the UK: £1,407

These fees apply per applicant, including any dependents you add.

Dependent Application Fees

• Applying from Outside the UK: £2,064 for each dependent

• Applying within the UK: £1,407 for each dependent

They should apply at the same time as you.

Healthcare Surcharge

You must also pay a mandatory healthcare surcharge to cover the length of your Visa. As of February 2024, the surcharge is £1,035 per year, reflecting a recent increase of 66%.

Additional Costs

• Translation of Documents: Costs for translating any official documents not in English or Welsh.

• English Language Test: Costs for taking the approved English language test.

• Optional Fast-track Service: Super Priority or Priority service to receive a faster decision from the Home Office.

Fee Exemptions

In very exceptional circumstances, applicants can apply for a fee waiver if they can demonstrate that you are destitute. For example, you are homeless, unable to afford essential living costs like food or heating, or have a very low income that would harm your child’s well-being if required to pay the usual Home Office fees.

How to Apply for a UK Spouse Visa

The UK Spouse Visa application is filled and paid online. In outline, the steps are:

1. Complete the relevant application form on GOV.UK (Appendix FM family route).

2. Pay the application fee and the Immigration Health Surcharge.

3. Book and attend a biometrics appointment to provide fingerprints and a photograph, or verify your identity through the UK Immigration: ID Check app if eligible.

4. Upload your supporting evidence ahead of your appointment or as instructed.

Post-Approval

Approved UK Spouse Visas will initially be valid for 33 months from abroad. If you apply for leave to remain in the UK as a spouse, you will be granted leave valid for 30 months.

Ahead of your initial leave grant expiring, you must apply to UK Visas and Immigration to extend your stay. If your application for further leave to remain as a spouse is successful, then you will be granted further leave to remain for a period of 30 months.

After spending 5 years in the UK as a spouse, you will be eligible to apply for indefinite leave to remain.

While on the UK Spouse visa, you cannot claim most benefits, such as public funds, housing allowance, or tax credits.

Working on a Spouse Visa

Under a spouse visa, you are allowed to study or work both part-time and full-time. You can seek UK employment without restriction, and if you are switching to a Spouse Visa from another visa option, you will not have to give up your existing employment.

If you are employed while on a Spouse Visa, you can use your gross employment earnings as evidence that you meet the financial requirements.

Extending Your UK Spouse Visa

Extending your UK Spouse Visa involves demonstrating that you continue to meet the eligibility requirements and have been living with your British or settled sponsor. You should apply online from within the UK while your current visa is still valid. If additional information is needed, the Home Office may request e-mail or invite applicants for an interview.

You can apply at any point while your current permission is valid, and if you extend with the same family member, up to 28 days of your remaining leave is added to your new grant. The extension fee is £1,407, plus the Immigration Health Surcharge of £1,035 per year. Bear in mind that the extension requirements differ from the initial ones, so the evidence still needs careful preparation even if your first application was approved without issue.

If you were granted permission as a partner before 9 July 2012, different rules apply to your extension and settlement route under the pre-Appendix FM framework, including a shorter qualifying period for ILR.

For existing Partner Visa holders on this route before 11 April 2024 and applying for Extension or Indefinite Leave to Remain, you may continue to meet the previous minimum income requirement of £18,600 under the Appendix FM transitional arrangements. This means an extra £3,800 for your first child, and £2,400 for each child after the first one, bringing the total higher threshold to meet up to a maximum of £29,000, including children.

For existing Spouse Visa holders granted before 11 April 2024 and applying for Extension or ILR, cash savings of £65,000 or £34,600, respectively, will meet the previous £18,600 threshold under the Appendix FM transitional arrangements.

Indefinite Leave to Remain and British Citizenship

After five years on this Spouse Visa route, individuals can apply for Indefinite Leave to Remain (ILR). This is a form of permanent residence or settlement that enables a person to live in the UK without employment restrictions and is one step closer to applying for British citizenship.

Spouse Visa refusals

A UK Spouse Visa will be refused if you do not meet the eligibility criteria or if your application contains errors. Understanding the requirements and providing accurate documentation is crucial to avoid refusal.

Common Reasons for Refusal

• Not passing the required English language test.

• Not meeting the financial requirement.

• Inability to prove a genuine and subsisting relationship.

• Missing or incomplete supporting documents.

• Errors or inconsistencies in the application answers.

Appeal Process

You can appeal the decision if your UK Spouse Visa application is refused. The process differs based on your location:

• Outside the UK: Appeal within 28 days.

• Inside the UK: Appeal within 14 days.

Appeals are handled by the First-tier Tribunal (Immigration and Asylum Chamber). The cost ranges from £80 to £140, depending on whether you request a hearing. The Home Office refusal letter will set out your appeal options. To appeal, you will need to:

1. Submit the Appeal Form: Do this within 14 or 28 days of receiving the decision letter.

2. Choose Your Decision Method: Opt for a paper hearing or an oral hearing, each involving different process.

3. Pay the Fee: £80 for a non-hearing (paper) decision, £140 for an oral hearing.

How QC Immigration can help

The immigration rules are complex and QC Immigration has a proven track record in helping clients obtain Partner and Spouse Visas. We support you through every step, handling all preparation, advising change in circumstances, document checks, and reviews prior to submission.

You can deal with us remotely or meet our lawyers face-to-face in our London office if you are already in the UK. We cater to clients worldwide and have the experience needed to handle applications from any country.

Our multilingual and experienced legal team ensures your case is managed with individual care, and your application covers all necessary bases to maximize your chances of success on the first attempt, avoiding a lengthy and costly visa refusal appeal.

We ensure your Spouse Visa is correctly submitted with all the necessary documentation, presenting a clear and concise argument for your eligibility. This increases the likelihood of approval from the Home Office.

Our goal is to save you time, money, and make the whole journey stress-free.

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