Overview of the Spouse Visa
The UK Spouse Visa allows the husband, wife or civil partner of a qualifying person in the UK to live with them in the UK. It is one of the main routes under the UK Family Visa system for couples who intend to live together permanently in the UK.
To qualify, the applicant and their spouse must satisfy specific requirements concerning their relationship, finances, English language ability, accommodation and immigration circumstances. The application must also demonstrate that the relationship is genuine and that the couple intend to live together permanently in the UK.
A Spouse Visa can be applied for from outside the UK or, where the rules allow, from inside the UK to extend or switch into the family route.
Who Can Apply for a Spouse Visa?
You may be eligible to apply as a spouse if you are married to or in a civil partnership with a person who has qualifying status in the UK.
Your partner will generally need to be:
- A British or Irish citizen
- Settled in the UK
- A person with certain qualifying pre-settled status
- A person with qualifying protection status
- A person with another status covered by the Family Visa rules
Both partners must generally be aged 18 or over and intend to live together permanently in the UK.
The applicant must also demonstrate that the marriage or civil partnership is legally recognised and that the relationship is genuine.
Relationship Requirements
Evidence of the relationship is an important part of a Spouse Visa application.
Applicants may need to provide evidence such as:
- Marriage or civil partnership certificates
- Evidence of living together
- Joint financial commitments
- Joint bank accounts
- Tenancy agreements
- Utility bills
- Evidence of communication
- Photographs and evidence of time spent together
- Evidence relating to children
- Other documents showing the history and nature of the relationship
Where a couple does not live together, this does not necessarily prevent an application. For example, work, study or cultural circumstances may mean that living together is not currently possible.
In these circumstances, the applicant should provide evidence demonstrating that the relationship remains genuine and ongoing. This may include regular communication, financial support, visits and evidence of an ongoing commitment to one another.
Financial Requirement
Applicants under the partner and spouse route will normally need to satisfy the applicable financial requirement.
Under the current rules, the standard minimum income requirement is generally £29,000 per year for new applications. Depending on the circumstances, the requirement may be met through qualifying employment income, self-employment, savings or other permitted sources of income.
Different rules can apply where the sponsor receives certain disability or carer’s benefits.
There are also transitional arrangements for some applicants who first applied as a partner before 11 April 2024 and are extending their stay with the same partner.
Financial evidence must satisfy the specific requirements applicable to the source of income being relied upon. Bank statements, payslips, employer letters and other evidence may be required.
English Language Requirement
Applicants will generally need to demonstrate their knowledge of English unless an exemption applies.
The level and type of evidence required can depend on whether the applicant is making their first application, extending their visa or applying for settlement.
Applicants should ensure that they use an accepted form of evidence and satisfy the requirement applicable to their particular stage of the family route.
Accommodation
The applicant and their spouse must have suitable accommodation in the UK.
The accommodation should be adequate for the family and should not result in overcrowding or breach relevant housing requirements.
Evidence may include a tenancy agreement, property documents, mortgage information or other evidence showing where the couple will live.
Applying from Outside the UK
If the applicant is living outside the UK, they will generally need to apply for entry clearance before travelling to the UK.
The application requires detailed information about the applicant, their spouse, relationship, financial circumstances and immigration history.
Supporting documents must be provided in the required format. Documents that are not in English or Welsh may require a certified translation.
Extending a Spouse Visa
A person already in the UK on a qualifying family visa may be able to extend their permission to remain with their spouse.
The application should be submitted before the existing permission expires.
Applicants extending with the same partner must continue to satisfy the relevant relationship and other requirements. Financial and English language requirements may also apply depending on the circumstances and route.
Settlement
The Spouse Visa can provide a route towards indefinite leave to remain (ILR).
For applicants on the five-year partner route, settlement may generally be available after five continuous years on the qualifying family route, provided the other requirements are satisfied. Time spent in the UK on other immigration categories or as a fiancé(e) does not generally count towards the five-year family route.
Settlement involves additional requirements, including the applicable English language and Life in the UK requirements.
Previous Refusals and Complex Applications
A previous refusal does not automatically prevent a future Spouse Visa application.
However, the reasons for the refusal should be reviewed carefully before another application is submitted.
Additional considerations may arise where there are:
- Previous immigration breaches
- Previous visa refusals
- Criminal convictions
- Previous marriages
- Concerns about the genuineness of the relationship
- Financial evidence difficulties
- Problems with accommodation
- Difficulties meeting the English language requirement
A detailed assessment before applying can help identify potential issues.
How We Can Help
SWM Solicitors can advise on all aspects of Spouse Visa applications.
We can assist with:
- Assessing eligibility
- Reviewing relationship evidence
- Advising on financial requirements
- Reviewing English language evidence
- Assessing accommodation arrangements
- Preparing supporting documents
- Preparing and reviewing applications
- Advising on extensions
- Advising on settlement
- Reviewing previous refusals
- Advising on complex family circumstances