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 has settled status 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.

Dependents

The Spouse Visa allows you to bring dependents along with you if your application is successfully granted. A dependant, 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.

Dependant Application Fees

• Applying from Outside the UK: £1,538 for each dependant
• Applying within the UK: £1,048 £1,048 for each dependant

They should submit their application simultaneously with your spouse's 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 have the 5 years of continuous stay required to settle in the UK.

If you are residing in the UK, and 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 and your partner must intend to continue your relationship after you apply and must intend to continue living in the UK. You must be able to prove that you are either:

• Married
• In a civil partnership
• Are engaged (or hold a Fiancé(e) Visa) and are planning to get married within the next 6 months
• Or have been living together in a relationship for 2 years

Your partner must be able to prove that they either:

• Have British or Irish citizenship
• Have proof of Indefinite Leave to Remain or Settled Status (previously known as Permanent Residence)
• Have Pre-Settled Status and have started living in the UK before 1 January 2021
• Have a Turkish Businessperson Visa or Turkish Worker Visa
• Has humanitarian protection or refugee status in the UK

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 needs to be less than 4 years old and confirm that you and your partner are living at the same address, sharing expenses and/or are married (or in a civil partnership).

Documents from the UK government, your bank, utility provider, 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 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

Proof of a viable income is required to successfully apply for a Spouse Visa. You must prove that you and your partner have a combined income of at least £29,000 per year before tax and National Insurance, 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 rentals income
• Dividends

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 income requirement by £2,000.

You must not only have the income itself but also prove that you have this income 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 details about your employment and income

If your UK resident partner 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, proof of your income can be difficult so you may require assistance from legal experts with experience in this area. QC Immigration can check to ensure that your income does not come into question when your application is being reviewed.

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 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

As part of your application, you will be required to prove 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. T

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 required 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 proof of your partner’s right to be in the UK (e.g., British citizen, indefinite leave to remain, or humanitarian protection status).
• A copy of your biometric residence permit, if you have one.
• Details of any past visa applications, if applicable.
• Details of any criminal convictions, if applicable.

Relationship Evidence:

• Proof of marriage if applying as a spouse.
• Evidence of cohabitation such as joint tenancy agreements, utility bills, or bank statements.
• Clear evidence of a genuine and subsisting relationship, demonstrating your commitment to live permanently in the UK.

Financial Evidence:

• Recent bank statements showing your financial status.
• Six months of payslips from your sponsoring partner.
• Evidence of savings if required to meet the spouse visa financial requirement.

Accommodation Evidence:

• Proof of accommodation such as tenancy agreements.
• Property deeds if you own your accommodation.
• Letters from landlords or property owners confirming your residence.

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 if you are applying from outside the UK and are under 18.

Processing Time

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

• Applications made from outside the UK: up to 6 months to process,
• Applications made from within the UK: typically 6-8 weeks.

Your biometric residence permit is typically issued within 7 working days from the decision date.

Priority Service

The Priority service is available for UK Spouce Visas accelerates the processing of applications, aiming for completion within five working days, while the Super Priority Service aims to provide a decision within 24 hours. These expedited services incur additional fees but offer faster processing times.

Spouse Visa application costs

Here are the key fees associated with the application process in 2024:

Application Fees

• Applying from Outside the UK: £1,846
• Applying within the UK: £1,048

These fees apply per applicant, including any dependents added to your application.

Healthcare Surcharge

When applying for a UK Spouse Visa, you must pay a healthcare surcharge to cover your healthcare costs while residing in the UK. 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: Fees for taking the required English language test.
• Biometric Information: Potential costs for providing biometric information as part of your application.

Fee Exemptions

In exceptional circumstances, applicants can apply for a fee waiver if they can demonstrate that they are homeless, unable to afford essential living costs like food or heating, or have a very low income that would harm their child’s wellbeing if the fee were paid.

Optional Services

• Super Priority Service: For an additional £1,000, you can opt for the super-priority service to receive a faster decision from the Home Office.

How to Apply for a UK Spouse Visa

The application process is completed online whether you are applying from outside the UK or applying from within the UK.

Step 1: Check Eligibility

Ensure you and your partner meet the eligibility criteria, including being married, in a civil partnership, or in a long-term relationship with a British or Irish citizen or someone with settled status. You must meet financial and English language requirements and have adequate accommodation in the UK.

Step 2: Gather Documentation

Collect necessary documents, including passports, proof of partner’s UK status, marriage certificate or relationship evidence, financial records (bank statements, payslips), proof of accommodation (tenancy agreements, property deeds), and English language test results. Include additional documentation if you have dependents.

Step 3: Complete the Online Application

Visit the Home Office website and fill out the online application form for the UK spouse visa. Provide all required personal details, relationship information, and financial details. Upload the necessary supporting documents and pay the application fee (£1,048 if applied within the UK or £1,846 if applied from outside the UK).

Step 4: Pay the Healthcare Surcharge

Pay the Immigration Health Surcharge (IHS), which is £1,035 per year. This payment is essential for covering healthcare costs while residing in the UK.

Step 5: Schedule a Biometric Appointment

Book and attend a biometric appointment at a visa application centre to provide your fingerprints and photographs. This step is necessary for processing your spouse's visa application.

Step 6: Submit Supporting Documents

Submit your supporting documents either online or at a visa application centre. Ensure all documents are accurately presented and complete, as missing information can lead to a spouse visa refusal.

Step 7: Await Decision

Wait for the Home Office to process your application. You can track the progress of your application online. Processing times may vary, so be prepared for a waiting period.

Step 8: Receive Your Visa

If your application is successful, you will receive your UK spouse visa. This visa allows you to enter or remain in the UK with your partner, supporting your family life and future plans.

Post-Approval

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

Before your initial leave grant expires, 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 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 employment.

If you are employed while on a Spouse Visa, you can use your work income (before tax and National Insurance) as your proof of income as that is needed to 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. An application for an extension of the spouse visa should be made online within the UK before the current visa expires. If additional information is needed, the Home Office may invite applicants for an interview.

‍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 Indefinite Leave to Remain, cash savings of £65,000 or £34,600, respectively, will meet the previous minimum income requirement of £18,600 under the Appendix FM transitional arrangements.

Indefinite Leave to Remain and British Citizenship

After five years on a spouse visa in the UK, individuals can apply for Indefinite Leave to Remain (ILR). This is a form of permanent residence that enables a person to live and work in the UK without 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 spouse visa financial requirement.
• Inability to prove a genuine and subsisting relationship.
• Missing or incomplete spouse visa supporting documents.
• Errors or inconsistencies in the spouse visa application.

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 decision letter will detail your appeal options and process. The appeals process will require you 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 decision based on your form or an oral hearing.
3. Pay the Fee: £80 for a non-hearing decision, £140 for a 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 process step, handling all preparation, document checks, and reviews before submitting your application.

You can work 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 required 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 spouse visa application process stress-free.