Spouse & Partner Visas

UK Spouse Visa

SPOUSE VISA

Married partners of British or Irish citizens, those who are already in the country, those with pre-settled status, those holding a Turkish businessperson or worker visa, and those seeking refugee status or humanitarian protection who want to join or remain in the UK with their spouse are all eligible for the UK Spouse Visa.  If your spouse is currently outside of the country but plans to visit you there, you can also apply for a UK spouse visa.

After five years, a UK spouse visa holder may be eligible for indefinite leave to remain or settlement in the country. 

UK Spouse Visa Requirements

You must prove to UK Visas and Immigration that you meet the following conditions to be eligible for a UK Spouse Visa:

  • Your partner has been granted pre-settled status, is British or Irish, has made their home in the UK, has a Turkish Worker or Businessperson visa, or is protected by humanitarian status or refugee status;
  • Both of you and your partner are older than 18;
  • There is no degree of relationship that is considered banned or prohibited between you and your partner;
  • You have personally met your partner;
  • You and your partner have a recognized marriage in the United Kingdom;
  • You must have an authentic and lasting relationship;
  • You wish to reside permanently with your partner in the UK;
  • Any past partnership has ended irreversibly;
  • You fulfill a financial prerequisite;
  • For you and any dependents, there is sufficient accommodation;
  • You comprehend and speak English at an appropriate level.

The specific conditions you must meet to be eligible for a UK Spouse Visa may change based on your unique situation.  For professional guidance, you may want to see an immigration lawyer.

Status of Sponsoring Partner

For your partner to be eligible for a UK Spouse Visa, they have to either:

  • possess UK citizenship, whether British or Irish; or
  • possess a permanent residence permit, settled status, or indefinite leave to remain in the UK; or
  • possess a pre-settled status as listed in the EU Appendix; or
  • possess restricted leave to remain as a Turkish worker or Turkish businessperson under Appendix ECAA; or
  • possess a status of humanitarian protection or refugee leave in the UK;

If you are a British citizen traveling to the UK with your partner who is also a British citizen, then your partner will be recognized as a British citizen in the UK. Additionally, if someone is being granted settlement in the UK on the same day as you, they are likely to be one of the individuals who have been granted indefinite leave to reside in the UK.

Minimum Age for a Spouse Visa

On the day you submit your application for a spouse visa, both you and your partner must be older than 18.

UK Spouse Visa Relationship Requirement

There are several components to the relationship criterion for the UK Spouse Visa:

  • There is no degree of relationship that is considered banned or prohibited between you and your partner;
  • You have personally met your partner;
  • You need to be lawfully married to your partner;
  • You must have an authentic and lasting relationship;
  • You must plan to live together permanently in the UK with your partner;
  • Any past partnership has ended irreversibly;

Prohibited Degree of Relationship Requirement

You and your spouse cannot be in a forbidden degree of relationship as specified by the Marriage Act 1949 and the Marriage (Prohibited Degrees of Relationship), Act 1986 to be eligible for a UK Spouse Visa.

This implies that there cannot be any of the following types of interactions between you and your spouse:

  • Adoptive child
  • Adoptive parent
  • Child
  • Former adoptive child
  • Former adoptive parent
  • Grandparent
  • Grandchild
  • Parent
  • Parent’s sibling
  • Sibling
  • Sibling’s child

“Sibling” refers to a brother, sister, half-brother, or half-sister in this list.

A marriage between an individual and any member of the following list will not be eligible for a spouse visa until both parties are 21 years of age or older. Moreover, it is only applicable if the younger party has never been considered a “child of the family” in relation to the other party before turning 18:

  • Child of former civil partner
  • Child of former spouse
  • Former civil partner of grandparent
  • Former civil partner of parent
  • Former spouse of grandparent
  • Former spouse of parent
  • Grandchild of former civil partner
  • Grandchild of former spouse

 

UK Spouse Visa

 

Requirement to Have Met in Person

Your spouse and you had to have met face-to-face. To fulfill the condition of having “met,” you must be able to provide evidence of a face-to-face meeting that led to the making of a mutual acquaintance. Just meeting in person and then communicating by phone or letter would not be sufficient to meet the requirements for a UK spouse visa.

Requirement for Marriage to Be Recognized in the UK

You must have a lawful marriage recognized in the UK to be eligible for a UK Spouse Visa with your partner.

Marriage in the UK

All marriages that occur in the UK must be monogamous and conducted in compliance with the requirements of the Marriage Act 1949 (as amended), the Marriage Act (Scotland) 1977, or the Marriage Order (Northern Ireland) 2003 to be recognized as lawful.

This implies that you had to have provided the appropriate notice of your intention to marry, been married at a location approved by law, and have had your marriage performed by or in the presence of a person with the authority to register marriages.  For your marriage to be recognized as lawful, you and your spouse must also have been at least eighteen (in England and Wales) or sixteen (in Scotland and Northern Ireland) years old on the day of your marriage.

In the United Kingdom, a marriage cannot be valid without a marriage certificate.

Marriage outside the UK

In the UK, a marriage contracted abroad will be recognized if:

  • The kind of marriage is accepted in the nation where it occurred;
  • The marriage was legally performed in accordance with the requirements of the nation in which it was performed;
  • There is no legal restriction on the recognition of marriage in either party’s home country at the time of the marriage; and
  • All of the couple’s prior marriages had ended irrevocably.

A valid marriage license issued by the relevant national government must serve as proof of a marriage performed outside of the United Kingdom.

Authentic and Lasting Relationship Requirement

You must present the Home Office with proof that your relationship with your partner is authentic and lasting to be eligible for a UK Spouse Visa.

A relationship’s genuineness and continuation depend on relevant information and the unique circumstances of each case.

Factors the Home Office Takes Into Account When Determining Whether a Relationship Is Authentic and Long-lasting

The Home Office may take into account the following factors when evaluating whether your connection is authentic and ongoing:

  • Whether you are currently in a committed, long-term relationship with your spouse;
  • Whether you have lived together or are now living together with your spouse;
  • Whether you and your partner share parenting duties for children, including biological, adoptive, or stepchildren;
  • If there are any financial obligations that you and your partner have;
  • Whether or not you and your partner have traveled to each other’s native nation and relatives;
  • Whether you and your partner have decided exactly how you will live together practically in the UK;

The Home Office may conduct additional investigations, speak with you and your spouse, or schedule a house visit if it has concerns about the authenticity and ongoing nature of your relationship.

Documents Required to Prove a Genuine and Subsisting Relationship

It is essential to demonstrate consistent communication, affection, emotional support, and a genuine concern for each other’s well-being to meet Home Office requirements.

When applying for a visa in the UK, it’s important to provide proof of cohabitation in addition to a marriage certificate. It’s best to provide documents that have both your and your spouse’s names on them, such as joint bank statements or utility bills. You can also include documents that were sent to the same address but addressed to you individually. It’s recommended to submit documents from a variety of sources and with dates within the last few years. While official documents are preferred, alternative documents can also be submitted if official documentation is not available.

It is also possible to offer unofficial proof of the relationship if you and your spouse haven’t lived together for a long time.

The Home Office will be looking for substantial proof of an authentic and ongoing relationship, as was previously stated.  The Home Office may conduct additional investigations, speak with you and your spouse, or schedule a house visit if it has concerns about the authentic and ongoing nature of your relationship.  It will reject your application for a spouse visa if there are good reasons to suspect that the relationship is not real or ongoing.

Intention to Live Together Permanently in the UK

UK Visas & Immigration must be satisfied that you and your spouse plan to live together permanently in the UK for you to be eligible for a Spouse Visa.

When you first apply for a spouse visa, it will be necessary for you to both clearly commit to living together permanently in the UK as soon as your application is approved or as soon as your circumstances allow.

The Home Office would expect any time spent outside the UK to be restricted, justified, and consistent to live together permanently in the UK when you apply for further leave to remain or indefinite leave to remain as a spouse. Valid reasons include vacation time, work-related time spent abroad, training, or study.

The Home Office may question your desire to live together permanently in the UK if you or your spouse spend most of your time abroad. The Home Office will take into account the purpose of your trip, the duration of your absence, and whether you and your spouse traveled and resided together while you were abroad.

Previous Relationship Broken Down Permanently

When you apply for entry clearance as a spouse, the Home Office will want to be sure that neither you nor your spouse are married to someone else.

You will need to present proof that your prior marriage to your spouse terminated if you or they had been married before.  In the United Kingdom, a decree absolute issued by a civil court is required as proof of divorce.  A decree absolute certificate, or a reasonable equivalent as recognized by the laws of the relevant nation, must be used to prove a divorce obtained outside of the United Kingdom.

You might still be eligible for an Unmarried Partner Visa if you and your spouse were previously married and the marriage was not formally dissolved. Evidence that the former relationship has ended permanently and that the current one is authentic and ongoing must be presented.

UK Spouse Visa Financial Requirement

You must meet the financial requirements for the Spouse Visa to prove that you can support yourself enough in the UK without using government funding.

According to the financial requirements for a UK Spouse Visa application, unless you are exempt, you must show that your spouse (or both of you jointly if you are in the country with legal permission to stay) make at least:

  • £18,600; plus
  • £3,800 for the first child (who is not British, has pre-settled status or settled status, is an EEA national with the right to live in the UK, or has indefinite permission to remain in the UK); plus
  • £2,400 for every additional kid (who is not British, has pre-settled status or settled status, is an EEA national with the right to live in the UK, or has indefinite permission to remain in the UK).

If your spouse is receiving any state benefits or entitlements, there are some special considerations to keep in mind. The financial requirement for a UK Spouse Visa is that the sponsor must have the ability to “adequately maintain and accommodate” the family member who is being sponsored to enter or stay in the UK.

When you seek to enter the UK as a spouse for the first time, to extend your stay as a spouse, or to apply for indefinite leave to remain as a spouse, you will need to fulfill the financial criteria.

The Spouse Visa has strict financial criteria that are governed by complex immigration rules. The applicants must provide mandatory documentation evidence to demonstrate that they meet these requirements. It is the responsibility of the applicants to prove that they satisfy the financial conditions. Failure to submit the required financial proof is one of the most common reasons for refusal of a spouse visa application.

UK Spouse Visa

How to Satisfy the UK Spouse Visa Financial Requirement

The UK Spouse Visa financial criteria can be met in a number of ways, such as by depending on:

  • Income from your spouse’s salaried or non-salaried job (or yours, if you are a worker in the UK with permission);
  • Revenue from sources other than work, such as dividends from shares or rental income from real estate;
  • Excess of £16,000 in cash savings that you or your spouse have controlled for at least six months and are kept by you/them;
  • Please indicate whether you or your spouse have a pension, and whether it is a private or occupational pension. Also, please specify whether it is a UK pension or from a foreign country.
  • Income earned from self-employment or as a director/employee of a specified UK limited company by you or your spouse (if you have permission to work in the UK).

It is occasionally possible to rely on a combination of the aforementioned revenue streams to meet the required finances. 

As previously stated, if your spouse receives any state benefits or entitlements, additional factors will need to be taken into account.

Additionally, applicants for Spouse Visas who depend on their cash savings to meet the financial requirements for the visa should be aware that the amount of cash required in an application for entry clearance and extension differs from the amount needed when applying for an indefinite leave to remain as a spouse.

If the Spouse Visa application is denied due to exceptional circumstances that would violate Article 8 of the European Convention on Human Rights, consideration may be given to alternative legitimate and reliable sources of income, financial assistance, or finances that are accessible to the couple.

Spouse Visa Accommodation Requirement

You must show that you and your spouse will have access to sufficient housing in a property you own or occupy exclusively, free from the need to rely on public funding, whether you are seeking entry clearance or for further leave to remain as a spouse.

It will be necessary for you to show proof of the property’s ownership or occupancy, your legal and exclusive right to inhabit it, and the fact that it won’t be overcrowded or violate any public health laws.

Spouse Visa English Language Requirement

You must provide proof to the Home Office that you meet the English language proficiency criterion as part of your Spouse Visa application unless you are exempt.

You must provide proof of at least CEFR level A1 English language proficiency when requesting entrance clearance or changing to the Spouse Visa route.  It will be necessary for you to provide proof of English language proficiency to at least CEFR level A2 when you apply for further leave to remain as a spouse.

You can fulfill the English language requirement for a Spouse Visa by:

  • Possessing the nationality of a nation whose main language is English;
  • Completing an authorized English language test with a recognized provider, as listed on Approved Secure English Language Tests and test Centers, at or above the required CEFR level; or
  • Possessing an academic degree that is either a Bachelor’s, Master’s, or PhD if awarded in the UK; or, if awarded outside the UK, is judged by Ecctis (formerly UK NARIC) to meet or exceed the recognized standard of a Bachelor’s, Master’s, or PhD in the UK, and Ecctis (formerly UK NARIC) has confirmed that the degree was taught or researched in English at or above the required CEFR level.

To be excluded from the English language requirement, you often need to provide documentation demonstrating either:

  • On the application date, you are older than 65;
  • You are unable to fulfill the English language proficiency criterion due to a physical or mental disability;
  • You may not be able to meet the English language proficiency criterion before entering the United Kingdom due to peculiar circumstances.

Your application for a spouse visa will be denied if you cannot provide proof that you are exempt or that you fulfill the English language requirement.

UK Spouse Visa Supporting Documents Checklists

The most frequent cause for a spouse visa application to be denied is when the applicant does not provide enough supporting documentation.

Strict guidelines about the documentation needed to support an application for a UK spouse visa may be found in the Immigration Rules.  Each situation is unique, and depending on the circumstances, various supporting documents may be needed for each application for a spouse visa.

Use of pre-made document checklists for Spouse Visa applications should be done with extreme caution by applicants.  Getting legal advice from an immigration attorney will guarantee that the documents on the list are suitable for each case.

On the other hand, the application for a Spouse Visa may be denied if a necessary document is not submitted, is submitted in an incorrect format, or is incomplete.  The processing of appeals might take many months, and the result is not always clear.  A new application will incur more expenses and cause further delays.

UK Spouse Visa Application Fee

Currently, £1,523 is the Home Office application fee for a UK Spouse Visa application filed outside of the UK.  Currently, £1,033 is the Home Office application fee to prolong your stay as a spouse or move from within the UK into the spouse category.

UK Spouse Visa Processing & Decision Waiting Times

The Home Office’s usual response time for a spouse visa application filed outside of the United Kingdom is three months or twelve weeks.  The Home Office has stated that standard marriage and family visa applications, including Spouse Visa applications, are now being completed within 60 working days following the backlog of applications for the Ukraine Visa Scheme reduced.

Applications from within the UK to transfer into or extend as a spouse must be decided in eight weeks.

For new Family Visa applications filed outside of the UK, the Super Priority Visa is presently under temporary suspension. Nonetheless, as of February 20, 2023, new applications for marriage and family visas lodged outside of the UK are once again eligible for the Priority Visa Service. A decision will be sent to applicants within 30 working days.

Furthermore, as of January 9, 2023, current applicants who still have pending Family Visa applications are being given the opportunity to upgrade to a 15 full working days/three-week Priority Service.

Duration of a UK Spouse Visa

The first validity of your spouse visa will be 33 months if your application for a UK Spouse Visa is approved. If you submit an application to remain in the UK as a spouse, you will be given a 30-month leave of absence.

To extend your stay, you must apply to UK Visas and Immigration before the expiration of your first grant of leave.  You will be given additional permission to remain for a duration of 30 months if your application for additional leave to remain as a spouse is approved.

Once you and your spouse have lived in the UK for five years, you can apply for permanent residency.

Switching Into the Spouse Visa Route From Within the UK

Unless you are in the UK as a guest or, in some cases, have valid leave granted for a duration of less than six months, you may apply from within the UK for permission to remain as a spouse. 

Those who come to the UK with the intention of settling down with their spouse should depart the country and apply for entrance clearance as spouses from outside.

If you are in the UK as a fiancé(e) or were granted leave while awaiting the resolution of family court or divorce proceedings, you may, in rare circumstances, apply for leave to stay in the UK as a spouse from within the country.

Working in the UK on a Spouse Visa

Holders of a spouse visa are fully permitted to work in the UK.

Indefinite Leave to Remain as a Spouse

You will initially be allowed access into the UK for a period of two and a half years (plus an extra three months if you request entry clearance) if your Spouse Visa application is approved.  It is necessary that you apply for an extension well in advance of your leave expiring.  Should your spouse’s request for an extension be approved, you will be eligible for an additional two and a half years of leave.

If you entered the country on a spouse visa and stayed for five years (sixty months), you might be able to apply for an indefinite leave to remain.

In addition to the aforementioned conditions, you must also prove the following to be eligible for indefinite leave to remain as a spouse:

  • If you are classified as a spouse, you must have either lived with your spouse in the UK or have a valid reason that aligns with your intention to permanently reside together in the UK;
  • You satisfy the higher English language proficiency level of CEFR Level B1 for settlement applications;
  • Unless you are exempt, you have passed the Life in the UK test.

UK Visas and Immigration will assess your eligibility for an extension of stay as a spouse, should you apply for indefinite leave to remain as a spouse but fail to meet the aforementioned requirements.

UK Spouse Visa Frequently Asked Questions

How Can I Get Married in the UK?

Two primary immigration options are available for those who want to go to the UK for a marriage ceremony: the Marriage Visit visa and the Fiancé visa.

The Marriage Visit visa is intended for those who want to go to the UK to be married or announce their impending marriage.

The Fiancé visa is intended for individuals who are engaged to be married to either a British or Irish citizen, persons who possess an indefinite leave to remain in the UK, individuals with refugee leave or humanitarian protection, or those who have limited leave to remain under Appendix EU or Appendix ECAA. The visa allows these individuals to enter the UK and get married within six months of their arrival.

Where Can I Apply for A UK Spouse Visa?

If you are applying for a spouse visa from outside the UK, you should do it in the country where you reside (unless you are visiting). Being a citizen of the country is not required.

You can apply for leave to remain in the UK as a spouse from inside the country if you are already here and have been allowed to stay longer than six months.

You must leave the UK and apply for entrance clearance as a spouse from abroad if you have been given a leave of absence lasting less than six months, such as a visitor’s leave.  During the Covid-19 epidemic, a concession that permitted applicants to be from within the United Kingdom is no longer in effect.

How Do I Apply for a UK Spouse Visa?

Applications for spouse visa are submitted online using an application form. Depending on whether the applicant is applying from inside the United Kingdom or abroad, a separate application form is required.

Consult an immigration lawyer to ensure that the application form you are using is appropriate for your specific situation before applying for a UK spouse visa.

While you are completing your Spouse Visa application form, you should also be getting ready your supporting documentation. Certain criteria call for certain documents to be dated before the date of the online application submission.

People can provide scans of the supporting documentation for their spouse visa using the current system, which the Home Office can assess. However, as the Home Office updates this system periodically, you should confirm the specific application process for the nation in which you want to apply at the time of application.

Will My Overseas Marriage Be Recognized by the Home Office?

The Home Office will acknowledge a marriage that happened outside of the United Kingdom if:

  • The type of marriage is accepted in the country where it occurred;
  • The marriage was legally performed in accordance with the requirements of the country in which it was performed;
  • Nothing in either party’s home nation’s legislation at the time of the marriage prohibits the recognition of the marriage or civil partnership;
  • Any prior marriages the pair had experienced ended permanently.

Although there are certain extra restrictions regarding age, forbidden relationship levels, and prior divorces, generally speaking, the UK will recognize you as lawfully married if the nation where your marriage took place does.

When Can I Apply for a British Passport?

You will be given a two-and-a-half-year term when you first apply for a Spouse Visa (plus an extra three months if you apply for Entry Clearance). After that, to extend your leave for an additional two and a half years, you must apply for it before it expires.

The majority of those in the Spouse Visa category have a five-year settlement timeline. This implies that they are qualified for Indefinite Leave to Remain following two grants of thirty months each.

Some individuals will require four leave grants as part of their ten-year settlement process. You can apply both leave grants toward the time required for the ten-year route if, after entering the UK, you decide to convert from the five-year to the ten-year route.

If you are married to a British native and have been granted Indefinite Leave to Remain in the UK, you can apply right away to become a British citizen. You should wait a full year before applying if you are not married to a British citizen.

What if My Spouse Visa Application Is Refused?

You should be able to file an appeal if your application for a UK spouse visa is refused. This is due to the fact that a spouse application is inherently considered a human rights claim.

The First-tier Tribunal (Immigration and Asylum Chamber) in the United Kingdom will hear the appeal.

It will be possible for you and your spouse to appear before the judge and provide evidence if you are in the UK.

Your spouse may attend if you are not in the UK, however, in that case, you may submit a statement and supporting documentation for the Tribunal to take into consideration. If giving testimony virtually makes sense in your situation, arrangements could be made for you to do so.

Filing an immigration appeal is a time-consuming process that can take several months to complete. It’s important to note that the outcome of an appeal is not always certain. We highly recommend seeking the guidance of an experienced immigration attorney before challenging the denial of a spouse visa application. They will be able to provide you with the necessary legal assistance and support throughout the entire process.

What if I Cannot Satisfy the Requirements for a UK Spouse Visa?

For reasons related to human rights, you can still be permitted entry or stay in the UK even if you are unable to meet the conditions for a UK Spouse Visa, For instance:

  • You are the parent of a British or Irish citizen child living in the UK;
  • It would be unreasonable for your child, who has been in the UK for at least seven years, to leave the country;
  • Living together as a couple outside of the UK would provide very real challenges that you and your spouse could not overcome;
  • Otherwise, preventing you from entering the UK or forcing you to leave would be a violation of your human rights.

Address: 20 Olympia House, Armitage Road London, United Kingdom

Telephone: 0044 203 137 9290

Email: [email protected]

You can be in better touch with our consultants for guidance through the evaluation form.

Address: 20 Olympia House, Armitage Road London, United Kingdom

Telephone: 0044 203 137 9290

Email: [email protected]

You can be in better touch with our consultants for guidance through the evaluation form.