Spouse Visa UK

To qualify for a UK spouse visa you will need to address the following legal requirements.

1. 1. The applicant’s UK spouse (the sponsor) must hold the correct status as referred to above.
   2. Both parties must be aged 18 or over at the date of application and not be within a prohibited degree of relationship.
   3. The applicant and their UK spouse must have met in person.
   4. You must intend to live permanently with one another as partners and the relationship must be subsisting.
   5. The marriage must be valid, i.e. recognised by the UK. For example, religious and customary marriages are not usually recognised unless they are also registered with the civil authorities.
   6. Any previous relationship of either party to the relationship must have permanently broken down.
   7. The applicant must meet a specific financial requirement (read more below).
   8. The couple must be able to accommodate themselves and any dependants adequately without additional recourse to public funds.
   9. The applicant must demonstrate a minimum competence in the English language, see below.

If you decide to work with us our immigration lawyers will ensure the correct information and documentation is provided to support your case.

The applicant and sponsor must be in a 'genuine relationship. and 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.

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

• • Council Tax bills
  • utility bills
  • correspondence from government or official departments
  • bank statements, etc. 

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

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. 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.

New applicants

For those applying for the first time, 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.

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, hence this could change.

Pre 11 April 2024

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 £18600 p.a. income requirement can be met in a number of ways see drop down below, but it can be through holding £62,500 in savings.

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

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

1. employment or self-employment of the UK spouse;
2. employment or self-employment of the applicant if they are in the UK lawfully and have the appropriate permission to work;
3. certain permitted sources of non-employment income, such as:

1. 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. 

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. 

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.

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.

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 is now 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.

If you don’t 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. 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 10 years of stay - only then will you be eligible to apply for indefinite leave to remain. 

If you fall into this situation you can apply to change status to the normal 5 year spouse visa route to settlement should your circumstances change and you can now meet the minimum income requirement.

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

1. 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. passing 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 

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 25 days of attending an appointment to undergo mandatory biometric recording. 

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.

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 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

Immigration Health Surcharge

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

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.

For most countries around the world, the UK operates a system of central consideration of settlement applications via the international processing hub in Sheffield, UK.

Despite processing for most applications being done centrally in the UK, processing times vary enormously between countries and can be from 4 to 24 weeks or more.

Most countries have a Priority processing facility which means the application can be processed within 25 working days. 

The process first 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 contractor 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.

VFS offers various additional fee-paid services, including 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".

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.

At RLegal Solicitors, our UK spouse visa applications are prepared so thoroughly that less than 1% of our cases lead to an interview.

Apply for a spouse visa in the UK

Applicants in the UK with a fiance/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. 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 enrolment appointment.

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:

1. 1. The applicant must demonstrate cohabitation with their partner during the previous 2.5 years; and
   2. 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. 1. have completed 5 years continuous 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 either 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 disciplines.

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. 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.

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.

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. 

Once granted a visa, the child will be granted a visa in line with the applicant and can apply for settlement on completion of 5 years in the UK.

Our specialist spouse visa solicitors can assist you with the following:

• ensure your application meets the legal requirements for this category
• complete and submit the application form and supporting documents.
• booking the biometric appointment.
• provide ongoing liaison with the authorities where possible.

We are located in central London and specialise exclusively in UK immigration law. Although based in the UK we assist clients from overseas who require legal assistance for processing a UK spouse visa.

If you would like to discuss your application for a spouse visa in more detail, please contact us on +44 (0)20 7038 3980, email us at info@rlegal.com or use our online enquiry form.

Can I switch from a visitor visa to a UK spouse visa?

No unless there are very exceptional circumstances, for example, war in your home country.

What if I can't afford the Home Office fees?

If you can't afford the application and IHS fees, you can apply to the Home Office for a fee waiver. If the fee waiver application is unsuccessful, you will be expected to pay the fees.

David Robinson is a solicitor and founding partner of RLegal Solicitors, having practiced immigration law since 1996. 

He has published numerous articles, spoken at immigration and business seminars and appeared as an expert on national television.