Spouse Visa

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

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 communication, those from official bodies, other third parties or statements but are not just limited to these. 

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.

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

• citizens of a specified majority English speaking country are exempt
• 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
• 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.

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

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.

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, they only have to meet the same financial requirement right the way through to settlement and hence are protected through transitional provisions.

Post 11 April 2024

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

Under the 11 April changes, there will be no incremental increases for children.

The minimum savings requirement for those in this category is now £88,500.

It was proposed by the previous Conservative government of Rishi Sunak to increase the minimum earning threshold to £34,000 later in the year and ultimately to £38,700 in 2025, but this was put on pause by the Labour government of Keir Starmer.

Also, the current Labour government has commissioned the Migration Observatory Committee to review the financial thresholds, hence this could change.

The sources of income which are acceptable are:

- employment or self-employment of the UK spouse;

- employment or self-employment of the applicant if they are in the UK lawfully and have the appropriate permission to work;

- certain permitted sources other than employment, such as rent from property;

- state or private pensions of the applicant or spouse; or 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 from a regulated financial body or the equivalent.

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

Applicants outside the UK 

Some (but not all) 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 testing.

Applicants should note that some type of cases will not be expedited if they fall into specified criteria. Use of this service may speed up the processing time for your application, however, the Home Office do not guarantee expedited treatment.

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 if available.

Our solicitors can advise on whether you should do so.

Fees for those applying outside the UK

Standard fee - £1846

Priority settlement service - £500

Fees for those applying from inside the UK

For those already in the UK, with the exception of visitors and others who hold a visa for less than 6 months duration, it is possible to apply direct to the Home Office via either a standard or super-priority service. 

Standard fee - £1258

Super-priority fee - £1000 additional fee

Immigration Health Surcharge fees

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 access to the NHS whilst in the UK. This is obligatory even if the individual holds comprehensive private health cover.

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

1. Severe Disablement Allowance (SDA)
2. Industrial Injuries Disablement Benefit
3. Attendance Allowance
4. Carer's Allowance
5. Personal Independence Payment
6. Armed Forces Independence Payment or War Disablement Pension
7. other specified War Pensions schemes allowances
8. Police Injury Pension
9. Child Disability Payment
10. 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.

Of course 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:

• 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
• 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
• 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 and 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 you circumstances change and you can meet the full requirements of the rule.

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 12 weeks to 24 weeks or more.

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

Process for those outside the UK

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 a Home Office intermediary – either TLS or VFS - where a scan of the applicant's fingerprints and a digital photograph of their face will be taken.

TLS and VFS offer 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.

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. 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:

• • have completed 5 years continuous lawful residence with a UK spouse visa;

• • the relationship must be subsisting and both parties must intend to live together permanently;

• • continue to meet the financial and accommodation requirements;

• • not have any unspent criminal convictions (including motoring offences) or civil judgements;

• • have passed the Life in the UK Test; and

• • 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.

Although there are likely to be very few people left subject to the Immigration Rules in place prior to July 2012, for those individuals in the UK who applied for a UK spouse visa in a relationship category under the rules in place prior to 9 July 2012, they will:

• continue to be eligible to apply for indefinite leave to remain but
• are not subject to the minimum income requirement as referred to above but
• instead need to show they have adequate maintenance and accommodation available.

An applicant can apply to bring their children who are under the age of 18 years of age at the same time.

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.

However, issues can arise where the children are from prior relationships or were left in the care of a relative or friend for a period of time. In such cases the Home Office may apply a 'sole responsibility' test to ascertain whether the child should remain with the person who has been the carer. 

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 important to get this right at the outset - once information is provided it can be very difficult to substantiate if challenged. 

Otherwise, once granted a visa the children 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.