Spouse Visa in London

Once an individual has held a UK Spouse Visa for a period of 5 years, they will become eligible for indefinite leave to remain (ILR) and also known as permanent residence or settlement.

eVisa Replaces Biometric Resident Permit

Since 31 December 2024, a Spouse Visa is issued, not as a physical document through a Biometric Residence Permit, but as an eVisa.

The UK is currently in the process of rolling out the eVisa for applications made overseas.

Holders can prove their status through the eVisa including their right to enter, live and work in the UK online:

• With the move to eVisa’s it is important for individuals to note the expiry of their visa permission and ensure future visa application’s are submitted in time
• A failure to renew a Spouse Visa application on time can lead to a negative outcome and have a devastating impact.

Individuals in the UK with a visa:

• Those with a valid for more than 6 months duration, or
• Who hold a Fiancé or Prospective Civil Partner Visa, can apply for a Spouse Visa from within the UK.

This means an applicant can ‘switch’ immigration status within the UK and remain with their partner.

Applicants who are overseas:

• Those who have not yet travelled to the UK, or
• Hold a 6 month visa other than as a Fiancé/Prospective Civil Partner, i.e. as a Visitor or Short Term Student must return to their home country and apply from there.

Detailed information about the application process is set out below.

The process for applying for a spouse visa depends on whether the application is made from within the UK, or overseas.

How To Apply For A Spouse Visa From Outside The UK

Applicants not presently in the UK must apply for a UK Spouse Visa:

• To enter in the correct capacity
• Unless they have a long term UK visa, see below.

The UK operates a system of central consideration of settlement applications via the international processing hub in Sheffield, UK.

Processing Time Outside The UK

Despite processing for applications being done centrally in the UK, the standard processing times vary between countries and can be from:

• 12 weeks

Priority Service Overseas

Most countries have a Priority processing facility which means the application can be processed within 30 working days for an additional fee.

The Process

The involves:

• Submission of an online application providing essential information about the applicant, their spouse and how they will support themselves in the UK.
• Once the online application form has been submitted, the applicant is given access to an application support portal where a full scan of all evidence should be uploaded, (in some territories evidence can be sent to a “scanning hub” for uploading by a Home Office partner for a further fee).
• The Home Office then works from the scanned evidence, although the originals can be requested if there are any doubts as to their authenticity.
• Once the evidence has been uploaded, the applicant must attend a biometric appointment run through the offices of the Home Office intermediary – VFS – where a scan of the applicant’s fingerprints and a digital photograph of their face will be taken. The purpose of this is to run a background check on the applicant and must be done at each stage of the application process.

VFS Fee-Paid Services:

• Lodging your biometrics via a “premium lounge” and
• In some countries, the option to retain your passport during the application process.

As your UK spouse visa representatives, we will:

• Scan and upload your evidence prior to the biometric appointment
• In those few remaining territories where this is not possible, we will prepare the documents to be despatched to a “scanning hub”.

Home Office Interview

In rare instances, an applicant may be called to attend a video interview or interview in person – this will typically occur if the Home Office has doubts about the genuine and subsisting nature of the relationship.

Applying For A Spouse Visa In The UK

Applicants in the UK with a Fiancé/Prospective Civil Partner Visa, or other permission to stay for more than 6 months can normally apply from within the UK.

The procedure is very similar to an overseas application explained above:

• It begins with submission of an online form, uploading digital evidence to the Home Office via a dedicated UKVCAS portal, and
• Attendance at a biometric enrollment appointment through TLS – the Home Office third party provider in the UK.

The applicant and sponsor must be in a “Genuine Relationship“. This is perhaps one of the more challenging aspects of the Spouse Visa (Partner rules).

There are no prescribed set of documents which an individual must produce. Relationships are of course unique and different. Therefore it is important for individuals to evidence their relationship according to their own individual circumstances.

‘Subsisting’ means that the relationship must be in existence and/or continuing. Doubts will be raised where for example the applicant and sponsor spend long period apart, have second homes, and in some cases where the supporting documentation is poor.

Document List To Show The Relationship Is Genuine And Subsisting

Documents to show the relationship is genuine and subsisting can include postal or electronic documents such as:

• Council Tax bills
• Tenancy agreements
• Flight bookings
• Utility bills
• Correspondence from government or official departments
• Bank statements, etc.
• Photographs
• Letters/postcards
• Witness statements or letters.

The documents do not necessarily need to be in joint names, provided there is a sufficient mix of evidence submitted in individual names to show cohabitation at the same address over the relevant period.

In general the more official the documentation, the more weight that will be attached to it. Therefore it is best to provide documents from independent sources.

Careful consideration should be given on which documents to produce and those which help to substantiate and address the relationship in the most appropriate manner.

This is one of the most complicated aspects of obtaining a UK Spouse Visa.

It can also be referred to as the Minimum Income Threshold.

The law on the subject provides various ways to meet the requirement but extends to over 30 pages. It is also one of the areas where there has been most spouse visa rejections.

We set out below a summary of the main rules:

• Applicants must show they meet certain minimum income or savings thresholds to qualify for the spouse visa.
• The annual income thresholds are divided into two periods of time those pre- and post-11 April 2024.

For those applying for the first time (post-11 April 2024), the minimum income or savings thresholds is £29,000 p.a. equivalent.

There are no incremental increases for children.

If an individual has no qualifying income but holds significant savings, the minimum savings requirement in this instance is £88,500.

Current Minimum Income Threshold Under Review

It was proposed by the previous Conservative government of Rishi Sunak to increase the minimum earning threshold to:

• £34,000 in 2024 and
• Ultimately to £38,700 in 2025, but this was put on pause by the Labour government of Sir Keir Starmer.

The Home Office has commissioned the Migration Observatory Committee to review the financial thresholds as referred to above, hence this could change.

For those granted through the UK spouse route prior to 11 April 2024 transitional provisions mean they only need to meet the same financial requirement right the way through to settlement.

If you are applying for the first time for entry to the Spouse Visa route then the above dropdown and financial requirements will be the one relevant to you.

Applicant with no children: £18,600 per annum income equivalent.

First child: an additional £3,800*

Subsequent children: an additional £2,400 per child*

*applies only to children that are dependants on the application and are not British citizens or already settled in the UK.

Please note, the minimum £18,600 p.a. income requirement can be met in a number of ways, but it can be through holding £62,500 in savings.

To meet the minimum income requirement for a spouse visa UK, the permissible sources of income are:

• employment (as an employee) or self-employment of the UK spouse
• employment (as an employee) or self-employment of the applicant if they are in the UK lawfully and have the appropriate permission to work
• certain permitted sources which are referred to as ‘non-employment’ income, such as:

1. rent from property;
2. state or private pensions of the applicant or spouse;
3. maternity allowances or bereavement benefits received in the UK; and ongoing insurance payments, e.g. such as one might receive from an income protection policy.

Employment

Overseas Initial Application

For those making an application to enter the UK through the Spouse Visa route, the UK sponsor must be in a job (as an employee) where they are earning £29,000 gross per annum.

In addition, the sponsor must have an offer of employment with a UK employer with a salary of at least £29,000 commencing within 3 months of their return.

Extension & ILR application*

The applicant or the UK sponsor or in combination need to show they are earning £29,000 gross per annum (£18,600 gross if applying through the pre-April 2024 transitional route).

Self Employment

Overseas Initial Application

The sponsor if employed for example, as a sole trader will need to show income of £29,000 p.a. gross (£18,600 gross for those applying through the transitional route).

The documentation will need to be a reasonable equivalent for what is specified for sponsors working in the UK and therefore careful consideration must be given to this.

They will also need to show they have employment arranged for the UK.

Extension & ILR Application*

The applicant or sponsor will need to continue to show they are are earning above the £29,000 p.a. gross for post April 2024 applicants (or £18,600 gross for pre April 2024 applicants). This can be earnings through self employment but other sources are permitted as explained below.

*Irrespective of how the applicant obtained the initial first grant of permission through the Spouse Visa route – they are not compelled to show the same type of earnings they showed at the initial stage at the extension or ILR stages.

This means they can show income from employment, self-employment, savings (see below) or other sources.

Savings

Shortfalls in income can be made up from savings in excess of £16,000.

Savings must be held in an account in your or your UK spouse’s name for 6 months prior to the date of application and must be immediately accessible, even if this incurs a penalty payment.

The savings can be held in an account within the UK or overseas but must be held in a regulated financial body.

Where the savings are held in a foreign currency the exchange rate is that in place at the date of the spouse visa application.

Can You Mix Income To Meet The Minimum Financial Threshold?

Shortfalls through savings can only be made up when combined with employment income (employee) and non-employment such as income from property at all stages of the process.

Example 1

X earns £25,000 p.a. gross through employment income as an employee for 6 months. X cannot sponsor Y as he does not meet the minimum income requirement of earning £29,000 p.a. gross.

However X & Y have savings of £50,000 held in a regulated account for more than 6 months and are allowed to combine them which makes up the shortfall.

Example 2

X who is sponsoring Y earns £27,000 p.a. gross and has £14,000 in savings held for more than 6 months. X’s income and savings are not sufficient to sponsor Y.

Savings cannot be combined with income through self-employment at any point.

Applicants will be exempt from the Spouse Visa financial requirements if their spouse receives one of the following specified benefits:

• Severe Disablement Allowance (SDA)
• Industrial Injuries Disablement Benefit
• Attendance Allowance
• Carer’s Allowance
• Personal Independence Payment
• Armed Forces Independence Payment or War Disablement Pension
• other specified War Pensions schemes allowances
• Police Injury Pension
• Child Disability Payment
• Adult Disability Payment.

In these circumstances, it is necessary to show that the couple can meet an adequate maintenance test.

Adequate Maintenance Test For Spouse Visa Applicants

This will vary according to an individual’s particular circumstances and account must be taken of the amount of benefits they will receive.

Following the Upper Tribunal decision of Ahmed (UKUT 84), the Home Office must use the following formula in all such cases:

A total net income received is added up – B housing costs is subtracted

C the above figure must be at least the same amount a family of the same size receiving benefits in the UK would be entitled to.

In such applications, evidence of the benefits and bank statements must be produced.

MM V SSHD [2017]

Following the case of MM V SSHD in the Supreme Court [2017] the general legality of the financial requirement was found to be lawful, however:

• The Home Office are obliged to conduct a more rounded view of the applicant’s financial circumstances where they do not meet the strict criteria outlined above
• In such cases individuals who cannot meet the financial requirements can still provide information relating to what income they do receive and any other potential means of support, such as:

• A job offer to the overseas applicants
• Promises of support from third parties and/or
• Savings.

However, the Home Office will test the veracity of such evidence and applicants will need to demonstrate they are genuine and credible.

In other words, an applicant can submit an application for a spouse visa and lay out their financial position to explain how they can be supported.

Applicants Who Cannot Meet The Spouse Visa Financial Income Threshold

If you do not meet the financial requirements under the Immigration Rules, you may still be able to apply for a visa or extend your permission to stay if:

1. you have a child in the UK who is a British citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave the UK or
2. there would be very significant difficulties for you and your partner if you lived together as a couple outside the UK that couldn’t be overcome or
3. it would breach your human rights to stop you coming to the UK or to otherwise require you to leave the UK.

Please note if you are granted permission to stay in this way you will be placed on a 10-year route to settlement:

• This means you will need to make an application for an extension every 30 months until you accrue ten years of stay – only then will you be eligible to apply for indefinite leave to remain.
• If you are in this situation you can apply to change status to the normal 5 year Spouse Visa route to settlement, should your circumstances change, so long as you can meet the minimum income requirement.

The English language requirement can be met through one of the following ways:

1. citizens of a specified majority English speaking country are exempt
2. holding a degree level qualification that was taught in English and is recognised as such – it is important to ensure a certification of compatibility and/or proficiency is obtained from ECCTIS (formerly UK NARIC) depending on the country where the degree was obtained from
3. pass an approved Secure English Language Test to level A1 for the initial application, then A2 for the second stage and B1 for indefinite leave.

For those undertaking a specified English language test, it is worth taking the highest level certification at the earliest stage to avoid having to undergo more testing and expense.

For example, if an applicant at the initial stage passes the B1 test and is successful, then it can be presented at both the second/extension stage and for ILR or thereafter nationality should the applicant wish to become British at a later stage.

The Home Office has designated nationals of specified countries to obtain tuberculosis testing (TB) certificates when applying for a spouse visa from outside the UK.

The test will only be valid if it is taken at an approved testing centre and is less than 6 months old at the date of application.

Where an applicant has lived in a non-specified country and travels to a specified country to make their visa application, they may be exempt from the TB test if they have been in the specified country for less than 6 months.

Applicants applying from overseas should check to see whether they are required to supply a TB test certificate.

Standard and priority services

Priority Processing Time Outside The UK

Most British visa application centres around the world offer a ‘Priority Settlement Service’. This is an additional cost service that will ensure your application is processed within 30 working days of attending an appointment to undergo mandatory biometric recording.

Super Priority Service Time Within The UK

Applications lodged within the UK can be submitted via a “Super Priority Service”. This is a premium option where the Home Office will normally issue a decision within 24 hours of attending the biometric appointment.

Complex Cases

Applicants should note that some cases will not be expedited if they raise complex issues, such as a previous negative immigration history.

Whilst paying for the priority service will usually ensure a quicker decision on your application, expedited treatment is not guaranteed.

Applicants should note that during peak processing periods (Easter, summer or Christmas) it is advisable to consider processing a UK spouse visa through the priority settlement route to avoid lengthy waiting times.

Our solicitors can advise on whether you should do so.

Fees for those applying outside the UK

Fees for those applying from inside the UK

Applicants for a UK Spouse Visa must pay an Immigration Health Surcharge fee of £1035 per year in advance for each whole or part year of the visa, i.e. £2587.50 for a standard 2.5 year visa.

This is a mandatory requirement which enables an applicant to access the NHS whilst in the UK. This is obligatory even if the individual holds comprehensive private health cover.

The criteria to be met for an extension of stay for a UK spouse visa are the same as for the initial application with 2 notable exceptions:

• The applicant must demonstrate cohabitation with their partner during the previous 2.5 years; and
• The applicant must pass a slightly higher Secure English Language Test at level A2.

To qualify for indefinite leave to remain (permanent residence) through a UK spouse visa, an applicant must:

1. Have completed five years lawful residence with a UK spouse visa
2. The relationship must be subsisting and both parties must intend to live together permanently
3. Continue to meet the financial and accommodation requirements
4. Not have any unspent criminal convictions (including motoring offences) or civil judgements
5. Have passed the Life in the UK Test and
6. Demonstrate a higher level of competence in the English language.*

*This can be done by:

• Being a citizen of a specified country
• Holding a degree level qualification that was taught in English, or
• By passing an approved Secure English Language Test (SELT) to level B1 in the Speaking and Listening components unless this was produced at a previous successful application.

An applicant can apply for their children from a previous relationship to accompany or join them in the UK.

The child must be under the age of 18 at the time of the application for their first dependant visa.

Normally bringing dependent children to the UK as part of the process is not a problem subject to providing the correct documentation and meeting the financial requirements.

Issues can arise where:

• A child’s other parent remains in contact or
• Otherwise plays a role in the child’s upbringing or
• Similarly, if the child  has spent a long period living with a relative or 3rd party, he or she may be considered to have formed an independent family life.

The Sole Responsibility Test

Where both of the child’s natural parents are alive, the immigration rules require the parent travelling to the UK to show that they have ‘sole responsibility‘ for the child’s upbringing.

The sole responsibility test is one of the most contentious of all the immigration rules. Unfortunately it has caught out many particularly from Asian or West Indian families who emigrated here and left their children in the care of a family member typically a grandmother or an aunt or uncle and continues to do so.

The UK government argues that in such circumstances it would be unfair to separate the child from the carer as they would have formed strong bonds with and therefore it would be unfair to break them.

Experience With Sole Responsibility Type Cases

If you are in the this situation it is well worth seeking advice on this issue as the sole responsibility test can be very difficult to meet. It is essential to properly document a parent’s sole responsibility to avoid a refusal.

Our solicitor’s have represented many families in these situations for decades and have built a wealth of experience in this area. Please do not get caught otherwise it can place you in a heart breaking situation.

Once granted a visa, the child will be granted a visa in line with the applicant and can apply for settlement on completion of five years in the UK.

For those whose whose relationship ends early due to Domestic Violence (DV), an application can be made to regularise their stay indefinitely.

An individual subject to DV is entitled to apply for a short term extension of their visa for up to three months and public funds.

However, the applicant will need to provide supporting documents to substantiate their claim.

You can read further about the DV visa by following the link.

For those who unfortunately go through a bereavement an application can be made for permanent residence.

The application can:

• Be made at any time but
• Evidence will be required for example to show the relationship and the couple cohabited.