Spouse Visa
The partner and spouse visa is part of the family immigration
scheme and enables an eligible foreign national to join and live
with their partner in the UK if they are a British citizen or
settled person.
Contact our immigration lawyers for a free telephone
consultation on 020 3951 8832 or complete our enquiry form
to discuss your UK spouse visa.
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What is the UK spouse visa?
What is a UK Spouse Visa?
A UK Spouse Visa is for non-UK residents aged 18 or over who are engaged, married to, or has a proposed civil partner who is aged over 18 living in the UK. It is a type of settlement visa known as the UK partner visa.
The qualifying criteria vary depending on your partner’s situation. You need to apply for a UK Partner Visa if you are coming to the UK to join your partner or spouse from outside the European Economic Area.
If you hold a Spouse Visa in UK, you have the right to work like all British citizens. However, you cannot claim most benefits, such as public funds, housing allowance or tax credits.
What is a UK Spouse Visa?
A UK Spouse Visa is for non-UK residents aged 18 or over who are engaged, married to, or has a proposed civil partner who is aged over 18 living in the UK. It is a type of settlement visa known as the UK partner visa.
The qualifying criteria vary depending on your partner’s situation. You need to apply for a UK Partner Visa if you are coming to the UK to join your partner or spouse from outside the European Economic Area.
If you hold a Spouse Visa in UK, you have the right to work like all British citizens. However, you cannot claim most benefits, such as public funds, housing allowance or tax credits.
What are the Spouse Visa financial requirements?
The UK national of the relationship is known as the sponsor, and he or she is required to meet specific criteria.
First, you will need to prove that you and your wife/husband/partner meet the financial requirement and have enough money to support yourselves without claiming public funds.
The UK spouse needs an income of at least £18,600 before tax if there are no dependent children.
If you have one dependent child, you will need an income of £22,400 before tax to meet the financial requirement. For any other children, the sponsor will need an extra £2,400 for each subsequent child.
What if I don’t meet the financial requirement?
If you don’t have enough money from all the listed sources of income to meet the mandatory Partner/Spouse Visa financial requirement, or you are unsure about your income, seek the advice of our specialist immigration lawyers, as exceptional circumstances may apply.
What sources of income can be included towards the Spouse Visa financial criteria?
To meet the minimum income requirement for your UK Spouse Visa application, you can use:
- Savings over £16,000
- Earnings from employment or self-employment
- Maternity, paternity, adoption or sick pay
- Pensions
- Other income such as that generated from rent or shares
If your partner is applying from outside the UK, they can use their savings to contribute towards the total income amount – but not their earnings. Nevertheless, if your partner is working in the UK, their earnings can count towards the total amount.
You can also use a combination of savings and earnings to help you meet the minimum income threshold. However, you will need to prove you have enough financial support for the entire length of the permit.
To see how much you will need in savings, first subtract any other eligible income from your minimum requirement. Then, multiply this figure by 2.5 and add 16,000.
What is the Spouse Visa English Language Test?
Applicants who wish to live in the UK, need to be able to prove that they can speak English. Once you have passed an English Language Test, it will be valid for two years.
You must sit an English test in speaking and listening to get the right to remain in the UK with your UK spouse. Your qualification will be valid only if your English exam is taken through an approved Secure English Language Testing (SELT) Provider.
Currently, SELT tests for immigration purposes are only available through the Trinity College London or the IELTS (International English Language Testing System) Consortium.
You do not need an English Language test if you:
- Are a national of a majority English speaking country
- Are aged under 18 or over 65
- Have a long-term physical or mental condition
Hold a degree or any educational establishment that was taught or researched in English. Your qualification will only be valid if confirmed by UK NARIC.
Who can apply for a Spouse Visa?
You can apply for a UK Spouse Visa if you are:
- Aged 18 years or over
- Married or in a civil partnership that is recognised by the UK
- Married to a British citizen or UK settled person
- You have been living together in a relationship for the past 2 years and you can prove it
- You are engaged, or you hold a Fiance Visa UK and will get married within 6 months of being in the UK
British citizens can send the leave to remain forms on their partner’s behalf as long as they are eligible. You must list their name and information as the applicant’s details.
Who can apply for a Spouse Visa?
You can apply for a UK Spouse Visa if you are:
- Aged 18 years or over
- Married or in a civil partnership that is recognised by the UK
- Married to a British citizen or UK settled person
- You have been living together in a relationship for the past 2 years and you can prove it
- You are engaged, or you hold a Fiance Visa UK and will get married within 6 months of being in the UK
British citizens can send the leave to remain forms on their partner’s behalf as long as they are eligible. You must list their name and information as the applicant’s details.
What are the Spouse Visa required documents?
Making sure you have all the correct documents to support your UK Spouse Visa application will help to ensure it is successful and prevent delays.
These are the documents you will need to send to the Home Office to get the right to remain in the UK:
- Your original marriage or civil partnership certificate
- Proof that you and your partner have been living together for at least the past two years
- A valid passport to get leave to remain in the UK
- A valid certificate to meet the English language requirement
- Proof of accommodation
- Proof that the relationship is genuine
- Proof that you meet the income threshold and the financial requirement
- Proof that you are married to a British citizen or settled person (for example, UK citizens can submit a copy of their passport)
Please note that any documents that are not in English need to be accompanied by a translated version from a professional translator. All evidence must be in the exact format required by the Home Office.
Can I use income from benefits for my case?
There are cases where you won’t need to meet the mandatory eligibility criteria, such as if you are claiming any one of the following benefits:
- Disability Living Allowance
- Severe Disablement Allowance
- Industrial Injuries 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
- Police Injury Pension
You will, however, need to prove that you have enough money to support your dependents. This is called ‘adequate maintenance’, and the exact amount you need will depend on your individual circumstances.
Typically, you will need at least £120 per week after you have paid for housing. If you have a child or children, this amount will increase.
How to apply for a Spouse Visa
Ensure you start your Spouse visa application ahead of your planned move to the UK, and do not book your flight or travel before you get a visa approval from the Home Office.
The UK Spouse visa application process can start online by completing Appendix FM and other forms from outside the UK. However, you may need to visit a visa application centre to give your biometrics as part of the process. Note that there are several forms and documents involved, and they must be filled correctly with sufficient evidence to increase your chances of obtaining a UK Spouse or Partner visa.
If you are applying from within the UK, the process is different as you will need to show proof that you are in the country on an eligible visa to switch to the UK spouse visa.
When reviewing your application, if the Home Office has any doubts about your application, you may be invited to come for a Spouse visa interview. During the interview, you will be asked questions to determine the genuineness of your relationship and intent in the UK.
The Spouse visa application process can be lengthy and difficult to go through alone. We can help. Contact us now on 020 3951 8832 or make an enquiry online to speak with one of our immigration lawyers about your application for a Spouse Visa UK