UK Spouse Visa | UK Partner Visa or UK Marriage Visa is a type of Family Visa
UK spouse visa is a route which allows married/unmarried partners or a fiancé of British or Irish citizens, persons who are settled in the UK, EEA nationals with pre-settled status, persons with a Turkish Businessperson or Turkish Worker visa, and persons with refugee status or humanitarian protection to join and remain with their partner in the UK.
Who can apply for UK Spouse Visa
You can apply for a spouse or partner visa if your partner is one of the following:
A British or Irish citizen in the UK; or
Has indefinite leave to remain, settled status, or permanent residence in the UK; or
Is an EU national with pre-settled status under Appendix EU; or
Has limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA; or
Has refugee leave or humanitarian protection status in the UK.
You can also apply under this route if your British partner or partner with indefinite leave to remain is coming back to the UK with you.
UK Spouse Visa | UK Partner Visa | UK Marriage Visa application requirements as of April 2024
To be eligible for a UK Spouse Visa, you must meet a number of requirements set out by the Home Office. This includes financial requirements, as well as providing evidence that your relationship with your partner is genuine and subsisting. Here we go through the main requirements for a spouse visa application.
Age requirements for UK Spouse visa
You and your partner must be over the age of 18 and intend to live together in the UK.
Genuine Relationship Requirement
You must be legally married or in a civil partnership recognized by the UK, or you must have been in a relationship similar to marriage or a civil partnership for at least 2 years.
If applying as a fiancé, fiancée, or proposed civil partner, you must intend to marry or enter into a civil partnership within 6 months of arriving in the UK.
Accommodation Requirement
You must have adequate accommodation available in the UK, which will be exclusively occupied by you and your partner. Your arrival must not lead to overcrowding in the property.
English Language Requirement
You will meet the English language requirement if any one of the following applies:
You have passed an approved English language test at level A1 or above. If you wish to extend your stay in the UK at a later date, you will need to pass at least a CEFR level A2 test to show continuing improvement in line with the time you have been in the country.
You have a degree/academic qualification that was taught in English and you have obtained comparability statements from Ecctis; for a qualification from the UK, you only need to provide your degree certificate.
You are a national of a majority English-speaking country.
You will be exempt from meeting the English language requirement if you are over 65 or have a physical or mental condition that prevents you from meeting the requirement.
Financial Requirement
You and your partner in the UK must have an annual income of at least £29,000 from April 2024. The financial requirement can be met in the following ways:
Annual income of £29,000 per annum
Cash savings of £88,500
A combination of the above
The UK Spouse Visa financial requirement can be satisfied in a variety of ways, including by relying on:
Earnings from employment
Earnings from self-employment or as a director of a limited company
Cash savings above £16,000
Pension(s)
Non-employment income, e.g., income from property rental or dividends from shares
You will be exempt from meeting the financial requirement if your partner in the UK is receiving one of the following benefits:
Disability Living Allowance
Severe Disablement Allowance
Industrial Injury Disablement Benefit
Attendance Allowance
Carer’s Allowance
Personal Independence Payment
Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
Constant Attendance Allowance, Mobility Supplement, or War Disablement Pension under the War Pensions Scheme
If the exemption applies to you, you will still be required to show that you and your partner will be able to adequately maintain and accommodate yourselves without recourse to public funds. Your dedicated lawyer at Mulgrave Law, will assess if you can meet the criteria of adequate maintenance, this depends on the benefits/income received by each family unit and must be assessed on a case-by-case basis.
TB Test Requirement for Entry Clearance Applications
Citizens of some countries are required to submit a TB test certificate. The TB test must be taken at an approved test centre.
How to apply for a UK Spouse Visa
Spouse Visa applications are made using an online application form. There are different application forms depending on whether you are applying from inside or outside the UK.
If you are applying for a Spouse Visa from outside the UK, you should apply in the country where you are resident (otherwise than as a visitor). You do not need to be a citizen of that country.
If you are already in the UK and have been granted permission to stay for a period of more than six months, you can apply for leave to remain as a spouse from within the UK.
Before filling in your application form, you must always check your eligibility for your visa type and ensure that you meet the eligibility requirements. Once you have checked your eligibility, you should prepare your supporting documents as there are specific document requirements. Some documents are time-sensitive, and you should ensure that you have procured the correct documents before submitting the online application form.
The next step in the process is to complete the online application form, pay the application fee, and book a biometric appointment to have your fingerprints and photo taken. The Home Office online systems allow you to upload documents in support of your Spouse Visa application.
UK Spouse Visa application fees as of April 2024
The Home Office fee for a UK Spouse Visa application submitted outside the UK is currently £1,846. The Home Office application fee to switch into the spouse category from within the UK or extend your stay as a spouse is currently £1,048. Additional fees will apply if you use the Priority or Super Priority Service. In addition to the above fees, you will also have to pay the Immigration Health Surcharge, which amounts to £1,035 for each year.
Duration granted for successful UK Spouse Visa
If your application for a UK Spouse Visa is successful, your Spouse Visa will be valid for 33 months initially. If you apply for leave to remain in the UK as a spouse, you will be granted leave valid for 30 months. Before your initial grant of leave expires, you will need to apply to extend your stay. If your application for further leave to remain as a spouse is successful, you will be granted leave for a further 30 months.
After spending 5 years in the UK as a spouse, you will be eligible to apply for indefinite leave to remain.
How our immigration lawyers will assist you
Solicitors at Mulgrave Law regularly assist foreign national spouses in relocating and settling in the UK with their partners. We specialise in this type of Family Visa. Our Spouse Visa team boasts decades of experience and understands every complexity. We have helped hundreds of clients prepare and submit their UK Spouse Visa applications.
As your Spouse Visa immigration lawyers, we carefully assess your case to determine whether you meet all Home Office requirements. Depending on your circumstances, you may be able to apply for a Spouse Visa even if you do not meet all the rules. Some requirements are mandatory, while others are exceptionally complex. We will guide you through the latest laws, prepare your application, and advise you on the necessary documents. Once you instruct us, we will liaise with the Home Office, UKVI and other authorities on your behalf.
Whether you need expert immigration advice on the changing rules for UK Spouse Visa applications or the qualification criteria, our immigration lawyers can help. You can expect dedicated support from your Spouse Visa lawyers. We always put the client first, and our advice is clear, honest, and reliable. Apart from our first-rate service, you can expect the following from your lawyer.
We guarantee a fixed and transparent fee, disclosed before you instruct us, with no hidden admin charges.
An experienced lawyer will be dedicated to handling your case from start to finish.
We will provide you with a detailed document checklist based on your circumstances.
We assess your documents to ensure they meet the Home Office requirements.
We prepare detailed representations in support of your application.
We submit your application and book a biometric appointment.
We liaise with the Home Office after the submission of the application, if required.
If the application is refused due to our error, we will refund our processing fee or assist with the resubmission of the application without charging any further fees.