UK Spouse Visa

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

1. The applicant’s spouse (the sponsor) must be

- a British Citizen in the UK;

- present and settled in the UK;

- an EEA national with pre-settled status; or

- in the UK with refugee leave or humanitarian protection.

2. Both parties to the relationship 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 spouse must have met in person.

4. They must intend to live permanently with the other as his or her spouse and the marriage 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 the applicant and/or their spouse must have broken down permanently.

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. 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 to level A1.

A successful application will lead to the grant of a visa for 30 months (33 months if outside the UK). During this time you must collate evidence of cohabitation to show that your relationship is subsisting before applying for a further 30 months visa. Once you have completed a total of 60 months continuous lawful residence in the UK as a spouse or partner, you will become eligible for indefinite leave to remain (permanent residence or settled status).

1. The applicant must demonstrate cohabitation with their partner during the previous 2 1/2 years; and

2. The applicant must pass a slightly higher Secure English Language Test at level A2.

The criteria to be met for an extension of stay 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 1/2 years; and

2. The applicant must pass a slightly higher Secure English Language Test at level A2.

This is one of the most complicated aspects of obtaining a UK spouse visa. The law on the subject extends to over 30 pages. We set out below a summary of the main rules. As a firm of specialist spouse visa immigration solicitors located in central London we are able to assist and advise on all aspects of UK spouse visas.

Applicants must show that they meet certain minimum income or savings thresholds to qualify for the visa. The annual income thresholds are:

Applicant with no children: £18,600

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.

The current requirements will change on 11 April when the minimum income or savings thresholds will increase to £29,000.  It is proposed to increase the minimum earning threshold to £34,000 later in the year and ultimately to £38,700 in 2025. No dates have been set for the further increases.

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

The sources of income which are acceptable are:

- employment or self-employment of the spouse;

- employment or self-employment of the applicant if 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.

Shortfalls in income can be made up from savings in excess of £16,000. For example, if your income is £17,000, you will have a shortfall of £1,600. The amount of savings you would need to hold is £20,000 (i.e. £1,600 x 2.5 + £16,000).

If you have no income, the amount of savings you need to hold rises to £62,500 until 11 April, and £88,500 thereafter.

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

Applicants will be exempt from these financial requirements if their spouse receives a specified disability related benefit or carer’s allowance. In these circumstances, it is necessary to show that the couple can still maintain and accommodate themselves without additional recourse to public funds.

Following the case of MM in the Supreme Court 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. 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.

Applicants for a UK spouse visa must pay an Immigration Health Surcharge of £1035 per year in advance for each whole or part year of the visa, i.e. £2587.50 for a standard 2 1/2 year visa. This is a mandatory requirement which enables access to the NHS whilst in the UK. This is obligatory even if the individual holds comprehensive private health cover.

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.

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 provide you with a ready prepared bundle 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.

Applicants from certain specified countries may be required to undertake a tuberculosis test which should be no more than 6 months old at the date of application.

Despite processing for most applications being done centrally in the UK, processing times vary enormously between countries and can be from 1 week to 6 months or more.

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. The process involves submission of an online application form, uploading specified scanned evidence via the UKVCAS application portal, and attendance at a biometric appointment.

Standard fee - £1258

Super-priority fee - £1000 additional fee

The processing times for the different types of UK spouse visa application can vary greatly depending on current staffing levels and the volume of applications submitted at any one time. However, as a broad guide, the below timescales are presently accurate:

Standard applications are typically between 6-12 weeks for applications within the UK.

Super-priority applications are typically processed within 24 hours but can take up to 1 week. If the application is not processed within 2 weeks, the applicant is entitled to a refund of the super-priority portion of the Home Office application fee. 

Fees for those applying outside the UK

Standard fee - £1846

Priority settlement service - £500

Priority service for applicants outside the UK 

Some (but not all) British visa application centres around the world offer a ‘Priority Settlement Service’ in normal circumstances. This is an additional cost service that will place your UK spouse visa application at the front of the processing queue, but applicants should note that some types 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 when available. As we are a firm of specialist immigration solicitors we can advise on whether you should do so.

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 after 2 years provided:

-they have completed 2 years continuous lawful residence in the UK on a UK spouse visa;

-their relationship is subsisting and both parties intend to live together permanently;

-they can demonstrate that they can support and accommodate themselves and any dependants without recourse to public funds;

-they do not have any unspent criminal convictions (including motoring offences) or civil judgements;

- have passed the Life in the UK Test; and

- demonstrate an 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 to level B1.

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

- Comprehensive legal advice relating to UK spouse visa law and procedure

- Ensuring your application meets the legal requirements for this category

- Assistance with compiling the complex evidence required for this category through a firm of specialist immigration solicitors accredited with experience of dealing with UK spouse visas

- Completion and submission of all forms.

- Submission of the supporting documents.

- Booking a biometric appointment.

- Ongoing liaison with the authorities where possible.

RLegal immigration solicitors is located in central London. We specialise exclusively in UK immigration law. Although we are based in the UK we are able to assist clients from overseas who require legal assistance for processing a UK spouse visa through an experienced accredited immigration solicitor.

If you would like to discuss your application for a spouse or civil partner 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.