Spouse and Civil Partner Visas
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Overview Of The Spouse And Civil Partner Visa
A Spouse, Civil Partner or Partner Visa enables the husband, wife or civil partner of a British citizen or a person who is settled in the UK to live with their partner in the UK. This route forms part of the UK Family Immigration route and can ultimately lead to Settlement and British citizenship, provided the relevant requirements continue to be met.
A UK Spouse Visa allows the partner of a British citizen, a person with Indefinite Leave to Remain (ILR), settled status under the EU Settlement Scheme, or another qualifying immigration status to live with their partner in the UK.
The requirements for married couples and civil partners are broadly the same. Applicants must demonstrate that their relationship is genuine and that they satisfy the Home Office’s eligibility criteria.
Requirements For A Spouse Visa
To qualify for a Spouse Visa, applicants must generally show that:
- Both partners are aged 18 or over.
- They are legally married or in a recognised civil partnership.
- The relationship is genuine and ongoing.
- They intend to live together permanently in the UK.
- They satisfy the financial requirement.
- They satisfy the adequate accommodation requirement.
- They meet the English language requirement.
- They do not fall for refusal under the general grounds for refusal.
Each application is assessed on its own merits, and supporting evidence plays a critical role in demonstrating compliance with the Immigration Rules.
Genuine And Subsisting Relationship Requirement
Applicants must demonstrate that their relationship is what the Home Office calls ‘genuine and subsisting’.
The main evidence that a Home Office caseworker would consider includes:
- Marriage or civil partnership certificates and any documentation regarding children.
- Evidence of living together including utility bills and rental agreements.
- Joint financial commitments, including bank statements, property and expenses for any children.
- Travel records demonstrating frequent visits to each other, if required.
- Photographs and communication records.
- Evidence of future plans together.
Applications are often scrutinised carefully, particularly where couples have spent significant periods apart or have relatively recent relationships.
Financial Requirements
Meeting the financial requirement is one of the most important aspects of a Spouse Visa application and has changed frequently in the last few years.
New applicants will have to demonstrate earnings of at least £29,000 or that between themselves and their partner they have cash savings of at least £88,500.
Those making an extension application may be able to rely on the previous thresholds of earning at least £18,600 or having cash savings of £62,500.
The applicant’s own income can only be taken into account if the applicant is living and working in the UK lawfully. Otherwise, only the British or settled person’s income is considered, whether they work in the UK or abroad.
Depending on individual circumstances, applicants may be able to rely on:
- Employment income.
- Self-employment income.
- Savings.
- Pension income.
- Rental income.
- A combination of permitted sources.
The evidence requirements are detailed and strictly enforced by the Home Office. Even where the income threshold is met, applications can be refused if the required documentation is not provided in the correct format.
Careful preparation is therefore essential before submitting an application.
English Language Requirement
Most applicants must demonstrate an appropriate knowledge of the English language. This can usually be satisfied through:
- An approved English language test.
- A degree taught or researched in English.
- Nationality from a majority English-speaking country.
- Another recognised exemption.
The level of English required may vary depending on the stage of the immigration journey.
How Do I Apply For A Spouse Visa?
Applications can be submitted either from outside the UK or inside the UK, if making a valid switching application. The form is available here.
The application process typically involves:
- Completing the online application.
- Paying the relevant fees.
- Enrolling biometric information.
- Submitting supporting documents.
- Awaiting a Home Office decision.
Length And Conditions Of Stay
Successful applicants are typically granted a period of permission of two and a half years if applying from within the UK, and two years and nine months if applying from outside of the UK.
This allows them to live in the UK with their partner before moving towards Settlement. During this period, visa holders are generally permitted to:
- Work in the UK.
- Change employers.
- Study.
- Undertake voluntary work.
- Travel in and out of the UK.
Before the initial period of leave expires, applicants can apply for a further grant of permission. To obtain an extension, applicants will usually need to demonstrate that:
- The relationship remains genuine and subsisting.
- They continue to meet the financial requirement.
- They satisfy the relevant English language requirement.
Early preparation is advisable to ensure that all requirements can be met by the expiry date of the visa.
Settlement And British Citizenship
For many applicants, the Spouse Visa route provides a pathway to Settlement, also known as Indefinite Leave to Remain (ILR).
Applicants will generally be required to demonstrate that:
- They have completed the required qualifying period.
- They have complied with UK immigration laws.
- The relationship remains genuine and ongoing.
- They continue to live together in the UK.
- They satisfy the English language requirement.
- They have passed the Life in the UK Test.
Obtaining ILR removes immigration time restrictions and provides greater security for individuals and their families.
Following a grant of Indefinite Leave to Remain, many individuals may become eligible to apply for British citizenship, provided they satisfy the nationality requirements in force at the time of application. British citizenship can provide additional rights, including obtaining a British passport and the right to participate fully in civic life within the UK.
How Our Immigration Partners Can Help
Spouse Visa applications are subject to detailed scrutiny by the Home Office. Applications may be refused where the Home Office is not satisfied that the relationship is genuine, the financial requirements have been met, or the supporting evidence is sufficient.
Our immigration Partners can assist with:
- Assessing eligibility.
- Advising on the financial requirement.
- Preparing supporting evidence.
- Drafting legal representations.
- Managing complex relationship circumstances.
- Assisting with extensions and Settlement applications.
- Providing strategic immigration advice throughout the process.
We offer practical, commercially focused advice designed to maximise the prospects of a successful outcome.
If you would like to discuss your circumstances, please contact us or complete our enquiry form below.
Frequently Asked Questions
Can I Apply From Inside The UK?
In many circumstances, applicants who already hold valid immigration permission may be able to switch into the Spouse Visa route from within the UK.
Can I Work On A Spouse Visa?
Yes. Spouse Visa holders are generally permitted to work without restriction.
What Happens If My Circumstances Change After I Receive My Visa?
Changes in employment, finances or personal circumstances may affect future extension or Settlement applications. Professional advice should be sought wherever there is uncertainty.
Can Children Be Included In An Application?
Dependent children may be able to apply alongside a parent, provided the relevant requirements are met.