Spouse visa UK

Although often referred to as a ‘Spouse’ visa, you may be eligible for a UK Partner visa on the basis of your relationship with a British citizen, a person with Indefinite Leave to Remain or a person with status under the EU Settlement Scheme, if any of the following apply:

• You have been in a relationship similar to marriage for at least 2 years. You do not necessarily have to have lived together during the 2-year period;
• You are engaged and plan to marry or enter a civil partnership in the UK within 6 months of arriving. In these circumstances you may be eligible to apply for a Partner visa valid for 6 months. You would have to submit a further Partner visa application after marrying or entering into a civil partnership and before expiry of your initial 6-month Partner visa, in order to continue living in the UK. The initial 6-month Partner visa for fiancé(e)s and proposed civil partners does not authorise work in the UK; or
• You are married or in a civil partnership;

To qualify for a UK Spouse visa or Partner visa, you must demonstrate that you and your partner are in a genuine and subsisting relationship. The following are examples of acceptable evidence:

• Marriage or civil partnership certificate
• Birth certificates of your common children
• A joint mortgage or tenancy agreement, whether in the UK or abroad
• A shared bank account or savings
• Travel documents that confirm you visited each other during any periods spent living apart

If the Home Office has any doubts about the genuineness of your relationship, you and your partner may be invited to a spouse visa interview.

You will also need to meet the financial, English language, and accommodation requirements to obtain a UK Spouse visa.

To meet the financial requirements, the visa applicants’ British or settled Partner must have an income of at least £29,000 per year before tax. If you are applying for a UK Spouse visa from within the UK, such as switching from another visa category allowing you to work, you can rely on your and your sponsor’s combined income.

Alternatively, you can rely on cash savings of at least £88,500 held for at least 6 months prior to the date of application. Certain assets held for at least 6 months may be liquidated to meet the threshold for cash savings. When relying on cash savings to meet the financial requirement, you can rely on your own cash savings, your partner’s or a combination of yours and your partner’s cash savings, regardless of whether you are applying from within the UK.

The following sources of income can be used to meet the Spouse Visa financial requirements:

• Employment or Self-Employment Earnings of at least £29,000 per year before tax over the last 12 months;
• Maternity, Paternity, Adoption, or Sick Pay; or
• Pensions

Some other sources of income, such as income from rent or investments, may also be relied upon.

You may not need to meet the minimum income threshold if you or your partner receive certain benefits, such as Disability Living Allowance. If relying on allowances in your application, you or your partner must be able to show that you have sufficient funds to meet the ‘adequate maintenance’ requirement. Contact Changes Immigration for advice if you are unsure of your eligibility.

To apply for a UK Spouse visa, you must demonstrate that you meet English language requirements. Your English proficiency must be at a level of at least A1 CEFR in speaking and listening. This is typically done by passing an English language test unless you qualify for an exemption. You may be exempt from the English language requirement, for example if you:

• Are a national of a majority English speaking country;
• Hold a degree or equivalent qualification that was taught or researched in English. The validity of your qualification must be confirmed by UK Ecctis; or
• Are under 18 or over 65 years old.

If you are required to take an English language test, it must be completed through the Home Office’s approved Secure English Language Testing (SELT) provider to be valid for immigration purposes.

1. Gather the required documents, e.g.:
   – Evidence of a ‘genuine and subsisting relationship’ with your partner;
   – Financial documents proving that you meet the minimum income threshold;
   – Evidence that you meet the English language requirement;
   – Proof of adequate accommodation for you, your partner, and any dependent family members; and
   – Tuberculosis (TB) certificate, if required in respect of your country of residence.
2. Submit an online application form.
3. Submit supporting documents.
4. Attend a biometrics appointment.

After you submit your online application form and attend your biometric appointment, you will usually receive your decision within 12 weeks, if you applied from outside the UK.

If you applied from inside the UK, you will usually receive your decision within 8 weeks.

If you do not meet the financial requirements or English language requirements, it may take up to 12 months to receive your decision.

You may be able to pay for priority service to obtain your decision sooner. The availability of priority service depends on the country where you submit your application and the biometrics appointment centre.

If your application is successful and you receive your UK Spouse visa, you will be able to stay and live in the UK for 2 years and 9 months if you applied from outside the UK, or 2.5 years if you applied from inside the UK.

You can apply to extend your UK Spouse visa for another 2.5 years if you still meet the requirements. In some circumstances, you may be able to extend your visa if you no longer meet the requirements. We suggest that you contact our specialist team prior to submitting your UK Spouse visa application.

Settlement and citizenship

After spending 5 years in the UK on a UK Spouse Visa, you may be eligible to apply for indefinite leave to remain (ILR) or ‘settlement’ in the UK.

Eligibility requirements at the settlement stage include the following:

• You and your partner are still in a genuine and subsisting relationship and intend to live in the UK permanently;
• You meet the financial and accommodation requirements;
• You meet the English language requirements of level B1 CEFR, unless you are exempt; and
• You must sit and pass the Life in the UK test.

Your children may be eligible to apply for settlement after spending 5 years in the UK as your dependent family members.

If you did not meet the financial or English language requirements in your previous UK Spouse visa, you may become eligible for ILR after 10 years.

There are other ILR options if your partner has died or your relationship broke down due to domestic violence.

You may be eligible to become a British citizen after you have obtained ILR in the UK.