uk spouse visa
Specialist Spouse Visa Solicitors for Spouse Visa Applications
Our spouse visa solicitors have successfully assisted 100s of clients with their spouse visa applications and are experts in preparing spouse visa applications. We have successfully handled standard to highly complex spouse visa applications and can leverage our expertise to help you join or remain with your spouse in the UK in an efficient and timely manner. Our team of specialist immigration lawyers will take the time to understand your objectives, assign the right lawyer or a team of lawyers – where necessary – to your case and agree a strategy to help you achieve your objectives as cost-effectively and as quickly as possible.
If you wish to discuss your UK Spouse Visa application with one of our expert immigration lawyers, call us on 0203 5761893 or complete our enquiry form.
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UK Spouse Visa Requirements
To qualify for a UK Spouse Visa, you must meet the following requirements:
Your partner has the appropriate UK status or citizenship.
The spouse visa UK is initially granted for 30 months, and can be extended for a further 30 months.a2. Both you and your partner are at least 18 years old.
You and your partner are not closely related.
You and your partner have met in person.
Your marriage is legally recognized in the UK.
Your relationship is genuine and subsisting.
You plan to live together with your your partner permanently in the UK.
Any previous relationship has ended permanently.
You meet the financial requirement.
You have suitable accommodation for you and any dependents.
You can speak and understand English at the required level.
The specific criteria you need to satisfy to be eligible for a UK Spouse Visa can vary depending on your circumstances. You may wish to speak to an immigration lawyer for specific advice and guidance on your Spouse Visa application.
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Best Immigration Advice in UK
UK Spouse Visa Requirements
To qualify for a UK Spouse Visa, you must meet the following requirements:
Your partner has the appropriate UK status or citizenship.
The spouse visa UK is initially granted for 30 months, and can be extended for a further 30 months.a2. Both you and your partner are at least 18 years old.
You and your partner are not closely related.
You and your partner have met in person.
Your marriage is legally recognized in the UK.
Your relationship is genuine and subsisting.
You plan to live together with your your partner permanently in the UK.
Any previous relationship has ended permanently.
You meet the financial requirement.
You have suitable accommodation for you and any dependents.
You can speak and understand English at the required level.
The specific criteria you need to satisfy to be eligible for a UK Spouse Visa can vary depending on your circumstances. You may wish to speak to an immigration lawyer for specific advice and guidance on your Spouse Visa application.
Sponsoring Partner's Status
To qualify for a UK Spouse Visa, your partner must:
Be a British or Irish citizen in the UK; or
Have indefinite leave to remain, settled status, or permanent residence in the UK; or
Have pre-settled status under Appendix EU; or
Have limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA; or
Have refugee leave or humanitarian protection status in the UK.
A British Citizen in the UK includes a British Citizen coming to the UK with you as your partner. A person with indefinite leave to remain in the UK includes someone admitted for settlement on the same occasion as you.
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UK Spouse Visa
The UK Spouse Visa allows married partners of British or Irish citizens, settled individuals, those with pre-settled status, Turkish Businessperson or Turkish Worker visa holders, and people with refugee status or humanitarian protection to join or stay with their spouse in the UK. You can still apply if your spouse is outside the UK but plans to return with you.
After five years, the UK Spouse Visa can lead to indefinite leave to remain or UK settlement.
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Sponsoring Partner's Status
To qualify for a UK Spouse Visa, your partner must:
Be a British or Irish citizen in the UK; or
Have indefinite leave to remain, settled status, or permanent residence in the UK; or
Have pre-settled status under Appendix EU; or
Have limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA; or
Have refugee leave or humanitarian protection status in the UK.
A British Citizen in the UK includes a British Citizen coming to the UK with you as your partner. A person with indefinite leave to remain in the UK includes someone admitted for settlement on the same occasion as you.
Spouse Visa Minimum Age
Both you and your partner must be over 18 on the date you submit your Spouse Visa application.
UK Spouse Visa Relationship Requirement
The UK Spouse Visa relationship requirement encompasses several aspects:
You and your partner must not be within a prohibited degree of relationship;
You and your partner must have met in person;
You and your partner must be legally married;
Your relationship must be genuine and subsisting;
You and your partner must intend to live together permanently in the UK;
Any previous relationship must have broken down permanently.
Requirement to Have Met in Person
You and your spouse must have met in person. This requirement implies that you must demonstrate a face-to-face meeting that led to mutual acquaintance. Merely coming face-to-face followed by phone or written contact would not satisfy the UK Spouse Visa requirements.
Requirement for Marriage to Be Recognized in the UK
To qualify for a UK Spouse Visa, you and your partner must be legally married in a marriage recognized in the UK.
Marriage in the UK
All marriages taking place in the UK must be monogamous and carried out according to the Marriage Act 1949 (as amended), the Marriage Act (Scotland) 1977, or the Marriage Order (Northern Ireland) 2003 to be recognized as valid.
This means that any required notice of intention to marry must have been given, you must have married at an authorized place of marriage, and your marriage must have been conducted by, or in the presence of, a person authorized to register marriages. You and your spouse must also both have been at least 18 years old (in England and Wales) or 16 years old (in Scotland and Northern Ireland) on the date of your marriage for it to be recognized as valid.
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Prohibited Degree of Relationship Requirement
To qualify for a UK Spouse Visa, you and your spouse must not be within a prohibited degree of relationship as defined in the Marriage Act 1949 and the Marriage (Prohibited Degrees of Relationship) Act 1986.
This means you and your spouse must not be related in the following ways:
Adoptive child
Adoptive parent
Child
Former adoptive child
Former adoptive parent
Grandparent
Grandchild
Parent
Parent's sibling
Sibling
Sibling's child
For the purposes of the immigration rules, ‘sibling’ refers to a brother, sister, half-brother, or half-sister.
A marriage between a person and anyone in the list below will not qualify for a spouse visa until both parties are 21 or older, and provided that the younger party has not been 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
Marriage Outside the UK
A marriage that has taken place overseas will be recognized in the UK only if:
The type of marriage is recognized in the country where it occurred;
The marriage was properly conducted according to the requirements of the law in the country where it took place;
There is nothing in the laws of either person's country of domicile at the time of the marriage that would prevent the marriage from being recognized; and
Any previous marriages of the couple had broken down permanently.
A marriage outside the UK must be supported by a document that serves as a reasonable equivalent to a marriage certificate, valid under the laws of the country where the marriage took place.
Genuine and Subsisting Relationship Requirement
To qualify for a UK Spouse Visa, you must provide the Home Office with required level of evidence to demonstrate that your relationship with your partner is genuine and subsisting.
Decisions on whether a relationship is considered genuine and subsisting are made on a case-by-case basis, considering all available evidence and individual circumstances.
Factors Considered by the Home Office to Determine the genuineness of a Relationship
The Home Office may consider various factors when assessing the authenticity and continuity of your relationship, including:
The presence of a current, long-term relationship between you and your spouse;
The history of you and your spouse living together;
The existence of children (biological, adopted, or step-children) shared between you and your spouse, as well as shared responsibility for them;
Shared financial responsibilities between you and your spouse;
Visits to each other's home countries and families;
Concrete plans regarding living together in the UK.
If the Home Office has doubts about the genuineness of your relationship, they may conduct additional checks, interview both you and your spouse, or arrange a home visit.
Required Documentation to Prove Genuine And Subsisting Relationship
The Home Office will want to see substantial evidence of regular contact, signs of affection and companionship, emotional support, and a continued interest in each other’s welfare and well-being.
Along with a marriage certificate, the Home Office will expect to see proof of cohabitation. Documents should ideally be in both you and your spouse’s joint names. Alternatively, documents addressed individually to both of you and your partner at the same address can be used. Documents should be recent, dating back only a few years, and should come from a variety of sources. Official documents are preferred; however, if exclusively official documents cannot be provided, other documents proving cohabitation may also be submitted.
If you and your spouse have not lived together for an extended period, unofficial evidence of a relationship can also be provided.
As previously mentioned, the Home Office will require substantial evidence of a genuine and subsisting relationship. If doubts arise regarding the genuineness and subsistence of your relationship, the Home Office may conduct further checks, interview you and your spouse, or arrange a home visit. If reasonable grounds for doubt exist, your Spouse Visa application will very likely be refused.
Our immigration lawyers regularly advise Spouse Visa applicants on the documentary evidence that the Home Office expects to see in order to be satisfied that their relationship is genuine, based on real affection, shared values, and that the relationship is subsisting at the time of the application. We do not rely on templated lists of documents and only ever advise our clients on the documents needed to prove a genuine and ongoing relationship based on their unique personal circumstances.
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Intention to Permanently Live Together in the UK
To qualify for a UK Spouse Visa, UK Visas & Immigration (UKVI) will need to be satisfied that you and your spouse intend to live together permanently in the UK.
At the initial Spouse Visa application stage, this requires a clear commitment from both of you to reside together permanently in the UK immediately following the outcome of your Spouse Visa application or as soon as circumstances allow thereafter.
When applying for further leave to remain or indefinite leave to remain as a spouse, the Home Office expects any time spent outside the UK to be limited, for a valid reason, and consistent with the intention to reside together permanently in the UK. Acceptable reasons could include time spent overseas for work, holidays, training, or study.
If you or your spouse spend most of your time abroad, the Home Office may question your intention to permanently reside together in the UK. The Home Office will take into account the reasons for travel, length of absence, and whether you and your spouse travelled and lived together during the time spent outside the UK.
Any Previous Relationship Broken Down Permanently
The Home Office will need to be convinced that neither you nor your spouse are married to another person at the date of your application for entry clearance as a spouse.
If you or your spouse have been previously married, you will need to provide evidence that this marriage has ended. In the UK, a divorce must be evidenced by a decree absolute from a civil court. A divorce outside the UK must be evidenced by a reasonable equivalent to a decree absolute certificate, valid under the law in force in the relevant country.
If you or your spouse have previously been married and this marriage has not been legally dissolved, you may still qualify for an Unmarried Partner Visa. You will need to provide evidence that the new relationship is genuine and subsisting, and that the previous relationship has ended permanently.
UK Spouse Visa Financial Requirement
To show that you can be adequately maintained in the UK without relying on public funds, you will need to fulfil the Spouse Visa financial requirements.
The financial requirement for a UK Spouse Visa application specifies that, unless exempt, you need to demonstrate that your spouse (or both of you jointly if you are in the UK with valid leave to remain) has a gross annual income of at least:
£18,600; plus
£3,800 for a first child (who is not British, holds indefinite leave to remain in the UK, has pre-settled status or settled status, or is an EEA national with a right to reside in the UK); plus
£2,400 for each additional child (who is not British, holds indefinite leave to remain in the UK, has pre-settled status or settled status, or is an EEA national with a right to reside in the UK).
Different considerations apply if your spouse receives certain state benefits or entitlements. In this case, the financial requirement for a UK Spouse Visa is that the sponsor can “adequately maintain and accommodate” the family member being sponsored to enter or remain in the UK.
You must meet the financial requirement when you first apply to enter the UK as a spouse, when you apply to extend your stay as a spouse, and when you apply for indefinite leave to remain as a spouse.
The Immigration Rules regarding the Spouse Visa financial requirement are complex and include mandatory documentary evidence requirements. Applicants are responsible for proving that the financial requirement is met. One of the most common reasons for a Spouse Visa application refusal is due to the absence of mandatory financial evidence.
How to Meet the UK Spouse Visa Financial Requirement?
The UK Spouse Visa financial requirement can be met in various ways. These include relying on:
Income from your spouse's salaried or non-salaried employment (and/or yours if you are in the UK with work permission);
Non-employment income, like income from property rental or share dividends;
Cash savings of your partner and/or yourself, over £16,000, held by your spouse and/or you for a minimum of 6 months and under their/your control;
State (UK or foreign), occupational, or private pension of your spouse and/or yourself;
Income from self-employment, and income as a director or employee of a specified limited company in the UK, of your spouse (and/or you if you are in the UK with work permission).
In some cases, you can rely on a combination of the above income sources to meet the financial requirement.
As previously mentioned, different considerations apply if your spouse receives certain state benefits or entitlements.
Spouse Visa applicants relying on cash savings should remember that the required cash savings level for entry clearance and extension applications differs from the level required when applying for indefinite leave to remain as a spouse.
In exceptional circumstances where refusing the Spouse Visa application might otherwise breach ECHR Article 8, other credible and reliable sources of income, financial support, or funds available to the couple may be considered.
Our immigration lawyer regularly provide expert advice on the spouse visa financial requirement rules and have successfully guided applicants through the complexities of the UK Spouse Visa evidential requirements.
If you wish to discuss your UK Spouse Visa application with one of our expert immigration lawyers, call us on 0203 5761893 or complete the enquiry form.
Spouse Visa Accommodation Requirement
When applying for entry clearance or further leave to remain as a spouse, you must provide evidence that adequate accommodation will be available for you and your spouse, without relying on public funds, in a property that you own or exclusively occupy.
You will need to present proof of the property’s ownership or tenancy, demonstrate that you have the legal and exclusive right to occupy the property, and confirm that the property will not be overcrowded or violate public health regulations.
Spouse Visa English Language Requirement
As part of your Spouse Visa application, unless exempt, you will need to prove to the Home Office that you meet the English language requirement.
For entry clearance or switching into the Spouse Visa route, you must demonstrate English language competence at a minimum of CEFR level A1. For further leave to remain as a spouse, you’ll need to demonstrate competence at CEFR level A2.
You can fulfil the Spouse Visa English language requirement by:
Holding nationality from a majority English speaking country;
Passing an approved English language test at or above the required CEFR level with an approved provider, as listed on Approved Secure English Language Tests and Test Centres; or
Possessing an academic qualification, such as a Bachelor's, Master's, or PhD, either awarded in the UK or, if awarded outside the UK, deemed by Ecctis (formerly UK NARIC) to meet or exceed the recognized standard of a UK Bachelor's, Master's, or PhD, with confirmation from Ecctis that the degree was taught or researched in English at or above the required CEFR level.
To be exempt from the English language requirement, you will typically need to prove one of the following:
You are over 65 years old at the time of application;
A physical or mental disability prevents you from meeting the English language requirement;
Exceptional circumstances make it impossible for you to meet the English language requirement before entering the UK.
If you cannot demonstrate that you meet the English language requirement (or are exempt), your Spouse Visa application will be refused.
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UK Spouse Visa Supporting Documents Checklists
A common reason for Spouse Visa application refusal is insufficient supporting documentary evidence.
The Immigration Rules have strict requirements as to which documents must accompany a UK Spouse Visa application. The specific documents to be provided in support of a UK Spouse Visa application will vary depending on the individual circumstances of each case.
Using a pre-prepared document checklists for Spouse Visa applications may not be suitable for every case and it is best to tailor the supporting documents to the circumstances of each case. You may wish to speak to an immigration lawyer to help you prepare the exact supporting documents you need based on your circumstances.
If any of the required documents is missing, improperly formatted, or lacks mandatory information, your Spouse Visa application may be refused. Appeals can take months to conclude, and appeal outcomes are steeped in uncertainty whilst a fresh application will involve significant additional costs and delays.
Our immigration lawyers offer expert advice on the required documents for a successful Spouse Visa application and are able to help you assess whether your supporting documents comply with the requirements of the immigration rules for a UK Spouse Visa.
UK Spouse Visa Application Fee
The current Home Office application fee for a UK Spouse Visa submitted from outside the UK is £1,523. To switch or extend a spouse visa from within the UK, the fee is £1,033.
UK Spouse Visa Processing & Decision Waiting Times
The Home Office service standard for deciding a Spouse Visa application submitted outside the UK is 12 weeks (3 months). With reduced backlogs for Ukraine Visa Scheme applications, standard marriage and family visa applications, including Spouse Visa applications, are processed within 60 working days.
UK Spouse Visa application submitted from inside the UK are usually decided within 6 months of the date of submission. It is also possible to submit your Spouse Visa application through the Home Office’s Priority Service where you can expect a decision within 24 hours of enrolling your biometrics.
Switching Into the Spouse Visa Route From Within the UK
You can apply for leave to remain as a spouse from within the UK, except if you are a visitor or have valid leave for 6 months or less.
Visitors wishing to settle with their spouse in the UK are required to leave the UK and apply for entry clearance from overseas.
If you have leave to remain (visa) as a fiancé(e) or were granted leave pending a family court order or the conclusion of divorce proceedings, you can exceptionally apply for leave to remain as a spouse from within the UK.
Working in the UK on a Spouse Visa
If you are granted a UK Spouse Visa, you will have an unrestricted right to work in the UK.
Duration of a UK Spouse Visa
If your UK Spouse Visa application is successful you will be granted an initial 33-month visa. If you apply for leave to remain as a spouse in the UK, you will be granted leave to remain for 30 months.
Before your initial UK Spouse Visa expires, you must make an application to the Home Office to extend your UK Spouse Visa. A successful further leave to remain application will lead to a grant of another 30 months.
After residing in the UK for 5 years with UK Spouse Visas, you can apply for indefinite leave to remain.
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Indefinite Leave to Remain as a Spouse
A successful Spouse Visa application will lead to the grant of an initial 30 months visa (plus 3 months for entry clearance). You must apply for an extension before the expiry of your leave and if successful, you will be granted a further period of leave of 30 months.
Once you complete 5 years (60 months) on the Spouse Visa route, you may be eligible for indefinite leave to remain in the UK.
To qualify for indefinite leave to remain in the UK as a spouse, you must demonstrate:
You have lived with your spouse in the UK or have a good reason for not doing so, consistent with an intention to live permanently in the UK;
You meet the higher CEFR Level B1 English Language requirement for settlement applications;
You have passed the Life in the UK test (unless exempt).
If you don’t satisfy these requirements, UK Visas and Immigration will consider whether you should be considered for leave to remain in the UK on exceptional and compelling grounds.
How Can Our Immigration Lawyers Help You?
Our team of specialist immigration lawyers can assist you in relation to your spouse visa application through expert legal advice, guidance, and representation on a fixed fee basis. Our fixed fee covers all the work in relation to your Spouse Visa application from initial instructions until a decision is reached on your application by the Home Office. If instructed, your case will be handled by a specialist immigration lawyer whose work will entail the following:
Taking detailed instructions to find out all relevant facts;
Advising you on the eligibility requirements of your application;
Assessing the strengths and weaknesses of your case in light of your personal circumstances;
Where necessary, advising you on the weakness if your case and the steps you may be able to take to mitigate those weaknesses;
Presenting you with a comprehensive list of documents to provide in support of your application;
Reviewing your documents to ensure they are in line with the requirements of the immigration rules in relation to your application and they are in the right format;
Advising you on further documents to be provided where necessary following review of collated documents;
Drafting your application form and presenting you with draft application for your consideration;
Advising on the application form details and making amendments where necessary or requested by you;
Drafting detailed letter of representations, demonstrating that all legal requirements relating to your application have been satisfied;
Drafting witness statements for you and other relevant witnesses where necessary;
Where possible, taking necessary steps to submit your application via Priority service to ensure faster processing time;
Uploading all the necessary documents in support of your application onto the Home Office application portal;
Arranging an appointment for you to enrol your biometrics as part of your application process;
Liaising with the Home Office, where there has been a request for further information or documents;
Why Choose Our Specialist Immigration Lawyers For Spouse Visa Application?
Our expert immigration lawyers have a wealth of experience in handling all types of immigration applications and have successfully assisted many applicants with their spouse visa applications. Below is a summary of reasons why we are different and are the right fit for you:
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High Quality Advice and Representations
Our team of specialist immigration lawyers handle each case with great care and attention to detail from outset to its conclusion. Our expert immigration lawyers will ensure that your case if progressed in a timely manner and that you receive the highest quality legal advice and representation throughout the life of your retainer. The quality of service provided by our team of specialist immigration lawyers are self-evident from our Google review.
Remote Legal Services
Our team of specialist immigration lawyers can provide you with excellent advice, guidance and legal representations remotely using modern means of communication. Whilst our expert immigration lawyer can meet you face to face in our offices at the heart of London, where a face to face meeting is not possible or convenient, our lawyers can represent you remotely without the need for you to attend our offices. Our expert immigration lawyers have successfully represented clients remotely from all four continents without their needing to attend our offices for a face to face meeting and can also represent you remotely if necessary.
Advising you on the suitability requirements of your application;
Specialist Advice and Representation
If instructed, your matter will be assigned to a lawyer with specialist knowledge of immigration law who will handle your matter from initial instructions to its conclusion, and where necessary – such as in complex matters – your immigration lawyer will be assisted by other immigration lawyers to ensure the best possible legal advice and representation.
Fast Track Visa Processing Service
The Home Office (UKVI) provide a faster processing of application via its Priority Service application which enables you to get a decision on your (in-country) application within 24 hours of enrolling your fingerprints or within 5 days of enrolling your biometrics for out of country applications. Our specialist immigration lawyers can take all steps to submit your application via Priority service so that you can get a decision on your application in the shortest time possible.
Fixed Fees With Payment Plan
To help you with certainty regarding the costs of your legal representation, we provide services for a reasonable and affordable fixed fee. To further help our clients manage the costs associated with their application, we can offer an instalment plan so that you can pay your fixed fees in instalments. Please do note, however, that all instalments must be completed before you enrol your biometrics.
Open 7 Days A Week
Although our offices are officially open Monday – Friday, if you wish to have your case progressed outside of our normal office hours, we can arrange for one of our immigration lawyers to handle your case on an urgent basis for an additional fee.
Free Immigration Advice Online
Our team of specialist immigration solicitors and lawyers can provide you one-off advice completely free of charge via our online enquiry form.
UK Spouse Visa Frequently Asked Questions
The UK Spouse Visa, also known as the UK Marriage Visa, enables non-UK nationals to join their partner in the United Kingdom. For eligibility, your spouse must be a British citizen or a settled person in the UK.
The decision on your Spouse Visa application is generally made within 12 weeks after attending your appointment at the visa application centre. The processing time may vary depending on the country from which you are applying. If a faster decision is necessary, the Super Priority Service is available for an additional £800, typically resulting in a decision on the next working day.
You can sponsor your partner without having a job, as long as you both meet the financial requirements for the Spouse Visa. This may include savings or income from other sources, such as rental income or investments.
Yes, in some cases you can switch to a Spouse Visa from another visa category if you meet the eligibility requirements.
You will be able to work in the UK if you have been granted a UK Spouse Visa.
To be able to rely on savings to meet minimum income requirement of a UK Spouse Visa application, you need to have £62,500 or more in savings, which must have been under your control for at least 6 months prior to the date of your application. When relying on savings to apply for a UK Spouse Visa, you must make and sign a declaration regarding the source of your cash savings.
You can include your children in your Spouse Visa application. This requires an additional application fee and proof that you meet the financial income requirements for your children.
Yes, you need to pass the English Language Test for a Spouse Visa application, unless you’re from a majority English-speaking country or you have obtained a university degree which was taught in English.
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