The UK Spouse Visa is intended for married partners of British or Irish citizens, individuals who are settled in the UK, individuals with pre-settled status, individuals with a Turkish Businessperson or Turkish Worker visa, and individuals with refugee status or humanitarian protection who wish to join or remain with their spouse in the UK. If your spouse is currently outside the United Kingdom but plans to return with you, you may also submit an application for a UK Spouse Visa.

After a five-year period, the UK Spouse Visa may result in indefinite leave to remain or settlement in the United Kingdom.  the UK Spouse Visa may result in indefinite leave to remain or settlement in the UK after a five-year period. 

 

UK Spouse Visa Requirements

To be eligible for a UK Spouse Visa, you must demonstrate that you satisfy the following criteria, as outlined by UK Visas and Immigration:

• Your partner is British or Irish, is settled in the UK, has been granted pre-settled status, holds a Turkish Businessperson or Turkish Worker visa or has refugee status or humanitarian protection;
• You and your partner are both over the age of 18;
• You and your partner are not within a prohibited degree of relationship;
• You and your partner have met in person;
• You and your partner are legally married in a marriage that is recognised in the UK;
• Your relationship is genuine and subsisting;
• You and your partner intend to live together permanently in the UK;
• Any previous relationship has broken down permanently;
• You satisfy a financial requirement;
• There is adequate accommodation for you and any dependents;
• You speak and understand English to a required level.

The specific requirements that must be met in order to qualify for a UK Spouse Visa may differ based on your personal circumstances. For expert guidance, it may be beneficial to consult with an immigration solicitor.

Status of Sponsoring Partner

To be eligible for a UK Spouse Visa, your partner must meet one of the following criteria: -

• Be a British or Irish citizen in the UK
• Have indefinite leave to remain, settled status, or permanent residence in the UK - Have pre-settled status under Appendix EU
• Have limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA
• Have refugee leave or humanitarian protection status in the UK

A British Citizen in the United Kingdom is defined as a British citizen who is accompanying you as your companion. A person who is being admitted for settlement on the same occasion as you is considered to have indefinite leave to remain in the UK.

Minimum Age for a Spouse Visa

On the date of submission of your Spouse Visa application, both you and your companion must be at least 18 years of age.

UK Spouse Visa Relationship Requirement 

The relationship requirement for the UK Spouse Visa is comprised of several components:

• You and your partner must not be in a prohibited degree of relationship; You and your partner must have met in person;
• You and your companion must be legally married.
• Your relationship must be authentic and ongoing.
• Your companion and you must intend to reside in the United Kingdom permanently.
• It is necessary that any prior relationships have ended permanently.The relationship requirement for the UK Spouse Visa is comprised of several components:
• You and your partner must not be in a prohibited degree of relationship; You and your partner must have met in person;
• You and your companion must be legally married.
• Your relationship must be authentic and ongoing.
• Your companion and you must intend to reside in the United Kingdom permanently.
• It is necessary that any prior relationships have ended permanently.

Prohibited Degree of Relationship Requirement

You and your spouse must not be in a prohibited degree of relationship, as defined in the Marriage Act 1949 and the Marriage (Prohibited Degrees of Relationship) Act 1986, in order to qualify for a UK Spouse Visa.

This implies that you and your spouse are not related in any of the following ways:

• Adoptive child
• Adoptive parent
• Child
• Former adoptive child
• Former adoptive parent
• Grandparent
• Grandchild
• Parent
• Parent’s sibling
• Sibling
• Sibling’s child

In this list ‘sibling’ means a brother, sister, half-brother or half-sister.

A spouse visa will not be granted to a marriage between an individual and any individual in the following list until both parties are 21 years of age or older, and the younger party has not been a child of the family in relation to the other party at any time prior to the age of 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

Requirement to Have Met in Person

It is imperative that you and your spouse have had the opportunity to meet in person. The requirement to have "met" entails the ability to show that a mutual acquaintance was formed as a result of a face-to-face meeting. The requirements for a UK Spouse Visa cannot be met by merely engaging in face-to-face communication, followed by telephone or written correspondence.

Requirement for Marriage to Be Recognised in the UK

To be eligible for a UK Spouse Visa, you and your partner must be legally married in a marriage that is recognised in the UK.

Marriage in the UK

All marriages that occur in the United Kingdom must be monogamous and must be conducted in compliance with the Marriage Act 1949 (as amended), the Marriage Act (Scotland) 1977, or the Marriage Order (Northern Ireland) 2003 in order to be considered valid.

This implies that the necessary notice of intention to marry must have been provided, the marriage must have taken place at an authorised location, and the ceremony must have been administered by or in the presence of a person authorised to register marriages.In order for your marriage to be recognised as valid, both you and your spouse must 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 wedding.

In the United Kingdom, a marriage certificate is required to serve as evidence of the union.

Marriage outside the UK

An overseas marriage will be recognised in the UK if:

• The type of marriage is recognised in the country in which it took place; 
• The marriage was properly conducted to satisfy the requirements of the law of the country in which it took place; 
• There is nothing in the laws of either person’s country of domicile at the time of the marriage which prevented the marriage being recognised; and 
• Any previous marriages of the couple had broken down permanently.

A marriage outside the UK must be evidenced by a reasonable equivalent to a marriage certificate, valid under the law in force in the relevant country.

Genuine and Subsisting Relationship Requirement

The Home Office will require evidence that your relationship with your companion is a genuine and subsisting relationship in order to qualify for a UK Spouse Visa.

On a case-by-case basis, decisions regarding the authenticity and ongoingness of a relationship are made, taking into consideration all available evidence and individual circumstances.

Factors Considered by the Home Office When Deciding Whether a Relationship Is Genuine and Subsisting

The Home Office may evaluate the authenticity and sustainability of your relationship by considering the following factors:

• Whether you and your spouse are in a current, long-term relationship; 
• Whether you and your spouse have been or are now living together;
• Whether you and your spouse have children together (biological, adopted or step-children) and shared responsibility for them; 
• Whether you and your spouse share financial responsibilities;
• Whether you and your spouse have visited the other’s home country and family;
• Whether you and your spouse have made definite plans concerning the practicalities of living together in the UK;

In the event that the Home Office has reservations regarding the authenticity and permanence of your relationship, it may conduct additional investigations, interview you and your spouse, or schedule a home visit.

Documents Required to Prove a Genuine and Subsisting Relationship

Significant evidence of regular contact, indications of affection and companionship, emotional support, and an abiding interest in each other's welfare and wellbeing will be anticipated by the Home Office.

The Home Office will require evidence of cohabitation in addition to a marriage certificate. It is recommended that documents be registered in the joint names of you and your spouse. Alternatively, it is feasible to depend on documents that are addressed to you both individually at the same address. Documents should be sourced from a variety of sources and be dated within the past few years. Official documents are preferred; however, alternative documents that demonstrate cohabitation may also be submitted if it is not feasible to submit exclusively official documents.

There is also the possibility of presenting unofficial evidence of a relationship if you and your spouse have not lived together for an extended period.

As previously stated, the Home Office anticipates the presence of substantial evidence of a genuine and ongoing relationship. In the event that the Home Office has reservations regarding the authenticity and permanence of your relationship, it may conduct additional investigations, interview you and your spouse, or schedule a home visit. Your Spouse Visa application will be denied if there are reasonable grounds to doubt the authenticity or continuation of your relationship.

Frequently, our immigration solicitors provide guidance to Spouse Visa applicants regarding the documentary evidence that the Home Office will require to verify that their relationship is genuine, rooted in shared values and genuine affection, and that it is currently ongoing at the time of an application. We do not rely on templated lists of documents and exclusively provide our clients with the necessary documents to establish a genuine and ongoing relationship based on their unique personal circumstances.

Intention to Live Together Permanently in the UK

UK Visas & Immigration will require assurance that you and your spouse intend to reside permanently in the United Kingdom in order to qualify for a Spouse Visa.

This will necessitate a clear commitment from both of you to reside permanently in the UK immediately following the outcome of your Spouse Visa application, or as soon as circumstances allow subsequent to the initial application stage.

The Home Office will anticipate that any periods of time spent outside the UK when you apply for further leave to remain or indefinite leave to remain as a spouse will be restricted, provided that they are justified and consistent with an intention to reside permanently in the UK. Time spent abroad for work, vacation, training, or education may serve as valid justifications.

The Home Office may question your commitment to permanently residing in the United Kingdom if you or your spouse spend the majority of your time abroad. The Home Office will evaluate the duration of your absence, the reasons for your travel, and whether you and your spouse resided and travelled together during your time abroad.

Previous Relationship Broken Down Permanently

At the time of your application for entry clearance as a spouse, the Home Office will be hoping to ascertain that neither you nor your spouse are married to another individual.

If you or your spouse have been previously married, you will be required to submit evidence that the marriage has come to an end. A decree absolute from a civil court is required to serve as evidence of a divorce in the United Kingdom. A decree absolute certificate, which is legitimate under the law of the relevant country, is required to serve as evidence of a divorce that occurred outside of the United Kingdom.

If you or your spouse have been married in the past and the marriage has not been legally dissolved, you may still be eligible for an Unmarried Partner Visa.You will be required to furnish evidence that the new relationship is genuine and ongoing, and that the previous relationship has broken down irreversibly.

UK Spouse Visa Financial Requirement

To satisfy the financial requirement for the Spouse Visa, it is necessary to demonstrate that you can be adequately supported in the UK without relying on public funds.

According to the financial requirement for a UK Spouse Visa application, you must prove that your spouse (or both of you jointly if you are in the UK with valid leave to remain) has a cumulative annual income of at least £29,000, unless you are exempt.

The minimal income requirement no longer includes a distinct child element.

When 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, different considerations will apply if your Spouse is in receipt of certain state benefits or entitlements.

When you initially 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, you will be required to satisfy the financial requirement.

The financial requirements for the Spouse Visa under the Immigration Rules are intricate and necessitate the submission of mandatory documentary evidence. Applicants are responsible for proving that the financial requirement has been satisfied. The absence of mandatory financial evidence is one of the most prevalent causes of Spouse Visa application rejection.

How to Satisfy the UK Spouse Visa Financial Requirement

One possible method of satisfying the financial requirement for the UK Spouse Visa is to rely on:

• Income from salaried or non-salaried employment of your spouse (and/or you if you are in the UK with permission to work); 
• Non-employment income, for example, income from property rental or dividends from shares; 
• Cash savings of your partner and/or yourself, above £16,000, held by your spouse and/or you for at least 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 permission to work).

In certain situations, it may be feasible to utilise a combination of the aforementioned sources of income to meet the financial obligation.

As previously mentioned, your spouse's receipt of specific state benefits or entitlements will necessitate distinct considerations.

Additionally, applicants for the Spouse Visa who depend on cash savings to meet the financial requirements of the visa may wish to consider that the amount of cash savings required for an entry clearance and extension application is distinct from the amount required for an indefinite leave to remain as a spouse application.

Other credible and reliable sources of income, financial support, or funds available to the couple may be considered in exceptional circumstances where the refusal of the Spouse Visa application would otherwise violate ECHR Article 8.

Our immigration solicitors are proficient in the financial requirements for the Spouse Visa and frequently provide guidance to UK Spouse Visa applicants as they navigate the intricate evidential requirements.

Spouse Visa Accommodation Requirement 

Evidence must be provided that there will be sufficient accommodation available for you and your spouse, without the necessity of utilising public funds, in accommodation that you either own or occupy exclusively, regardless of whether you are applying for entry clearance or for additional leave to remain as a spouse.

You will be required to furnish evidence that the property is legally and exclusively owned or occupied, that you are legally and exclusively entitled to occupy the property, and that the property will not be congested or in violation of public health regulations.

Spouse Visa English Language Requirement 

As part of your Spouse Visa application, you will be required to demonstrate to the Home Office that you meet an English language requirement, unless you are exempt.

Demonstrating proficiency in the English language to a minimum of CEFR level A1 is required when applying for entry clearance or transitioning to the Spouse Visa route. In order to petition for additional leave to remain as a spouse, you must demonstrate proficiency in the English language at a minimum of CEFR level A2.

By possessing the nationality of a country with a predominant English-speaking population, you can satisfy the Spouse Visa English language requirement.

Passing an approved English language test at or above the required CEFR level with an approved provider, as outlined in the Approved Secure English Language Tests and Test Centres; or

Ecctis (formerly UK NARIC) has confirmed that the degree was taught or researched in English at or above the required CEFR level, and the academic qualification is either a Bachelor's or Master's degree or PhD if awarded in the UK, or is deemed by Ecctis (formerly UK NARIC) to meet or exceed the recognised standard of a Bachelor's or Master's degree or PhD in the UK if awarded outside the UK.

You will typically be required to demonstrate that you are over the age of 65 at the time of your application in order to be exempt from the English language requirement.

If you are unable to meet the English language requirement due to a physical or mental disability, or if there are exceptional circumstances that preclude you from doing so prior to entering the UK...

Your application for a Spouse Visa will be rejected if you are unable to prove that you meet the English language requirement or are exempt.

UK Spouse Visa Supporting Documents Checklists

The applicant's failure to submit adequate documentary evidence in support of their Spouse Visa application is the most prevalent cause of refusal.

The Immigration Rules impose stringent requirements for the documents that must be submitted in support of a UK Spouse Visa application. The necessary supporting documents for a Spouse Visa application will differ from case to case, as each case is unique.

Applicants should exercise extreme caution when employing pre-prepared document checklists for Spouse Visa applications. Advice from an immigration solicitor will guarantee that the documents specified are suitable for the unique circumstances of each individual.

Concurrently, the application for a Spouse Visa may be rejected if a necessary document is not submitted, is in the incorrect format, or does not contain all of the required information. The outcome of appeals may be uncertain and the process may take many months to complete. Additional costs and delays will be associated with a new application.

Our immigration solicitors offer Spouse Visa applicants expert guidance on the necessary documents for a successful application and also verify that the supporting documents are in accordance with the Immigration Rules.

UK Spouse Visa Application Fee

Currently, the Home Office charges a fee of £1,846 for the submission of a UK Spouse Visa application from outside the UK. Currently, the Home Office charges a fee of £1,048 for the application to transfer into the spouse category from within the UK or to extend one's stay as a spouse. Using the Priority or Super Priority Service will incur additional surcharges.

UK Spouse Visa Processing & Decision Waiting Times

The Home Office's current processing period for a Spouse Visa application that is submitted outside of the UK is 24 weeks. The Priority Service typically provides a decision within 30 working days of submitting an application. Additionally, there is no Super Priority Service for applications submitted from outside of the country.

Applications to switch into or extend as a spouse submitted from within the UK are presently being decided by the Home Office within 8 weeks. In the event that the minimum income or English language requirements are not met, the decision may not be received for approximately 12 months.

No, there is no 5-day Priority Service for in-country spousal applications. However, if you submit an application through the Super Priority Service, you should receive a decision by the end of the following business day.

Duration of a UK Spouse Visa

Your spouse visa will be valid for 33 months at the outset if your application for a UK Spouse Visa is approved. Leave will be granted for a period of 30 months if you petition for leave to remain in the UK as a spouse.

To extend your stay, you must submit an application to UK Visas and Immigration prior to the expiration of your initial leave. You will be granted additional leave to remain as a spouse for a period of 30 months if your application for further leave is successful.

In the aftermath of a five-year tenure the UK as a spouse, you will be eligible to apply for indefinite leave to remain.

Switching Into the Spouse Visa Route From Within the UK

A spouse may submit an application for leave to remain in the United Kingdom from within the country, unless they are in the country as a visitor or, with a few exceptions, have been granted legitimate leave for a period of six months or less.

Visitors who intend to establish a permanent residence in the United Kingdom with their spouse should request entry clearance as a spouse from abroad after departing the country.

In exceptional cases, you may apply for leave to remain as a spouse from within the UK if you are in the UK with permission as a fiancé(e) or were granted leave pending the outcome of family court or divorce proceedings.  

Working in the UK on a Spouse Visa

Spouse Visa holders are entitled to labour in the United Kingdom without restriction.

Indefinite Leave to Remain as a Spouse

If your Spouse Visa application is approved, you will be granted permission to enter the United Kingdom for a period of two and a half years (plus an additional three months if you are applying for entry clearance). Before your leave expires, you must submit an extension application. If your spouse's extension application is approved, you will be granted additional leave for a period of two and a half years.

You may be eligible to apply for indefinite leave to remain in the UK after spending five years (60 months) in the UK on the Spouse Visa route.

In order to qualify for indefinite leave to remain as a spouse, you must also satisfy the following criteria:

• Since you have been in the spouse category you have lived together with your spouse in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period when you have not done so;
• You meet the higher CEFR Level B1 English Language requirement that applies to settlement applications;
• You have passed the Life in the UK test (unless exempt)..

If you fail to meet the aforementioned criteria and submit an application for indefinite leave to remain as a spouse, UK Visas and Immigration will proceed to determine whether you meet the criteria for an additional extension of your stay as a spouse.

UK Spouse Visa Frequently Asked Questions

How Can I Get Married in the UK?

There are two primary immigration routes available for individuals who desire to travel to the United Kingdom to marry: the Fiance visa and the Marriage Visit visa.

The Marriage Visit visa is intended for individuals who intend to marry or offer notice of a marriage in the United Kingdom.

The fiance visa is intended for engaged companions of British or Irish citizens, individuals with indefinite leave to remain in the UK, refugee leave or humanitarian protection, or limited leave to remain under Appendix EU or Appendix ECAA, who wish to enter the UK and marry within six months of their arrival.

Where Can I Apply for A UK Spouse Visa?

If you are pursuing a Spouse Visa from a country other than the United Kingdom, you should submit your application in the country in which you reside, unless you are a visitor. It is unnecessary to be a citizen of the nation.

If you are currently in the United Kingdom and have been granted permission to remain for a period exceeding six months, you are eligible to petition for leave to remain as a spouse from within the country.

If you have been granted a six-month or shorter leave of absence, such as a visitor, you will be required to depart the United Kingdom and submit an application for entrance clearance as a spouse from abroad. The concession that permitted visitors to submit applications from within the United Kingdom during the Covid-19 pandemic is no longer in effect.

How Do I Apply for a UK Spouse Visa?

An online application form is utilised to submit applications for spouse visas. The application form is distinct based on whether the applicant is submitting the application from within the United Kingdom or from abroad.

Before applying for a UK Spouse Visa, it is important to consult with an immigration counsel to ensure that the application form is appropriate for your specific circumstances.

While completing the Spouse Visa application form, it is imperative that you prepare your supporting documents. This is due to the fact that there are specific document requirements that require your documents to be dated prior to the date on which you submit the online application form.

The current system enables individuals to submit scans of the supporting documents for their spouse's visa for the Home Office to assess. Nevertheless, it is advisable to verify the specific application process for the country in which you plan to apply at the time of your application, as the Home Office periodically modifies this system.

Will My Overseas Marriage Be Recognised by the Home Office? 

The Home Office will acknowledge a marriage that has occurred outside of the United Kingdom if the following conditions are met:

The country in which the marriage occurred recognises the form of marriage.

The marriage was conducted in accordance with the laws of the country in which it occurred.

The marriage or civil partnership is not prohibited from being recognised by the laws of either individual's country of domicile at the time of the marriage.

The couple's previous marriages have ended in irrevocable dissolution.

In general, the UK will recognise your marriage as valid if the country in which it occurred does, with the exception of certain additional requirements regarding age, prohibited degrees of relationship, and previous divorces.

When Can I Apply for a British Passport?

The Spouse Visa category will grant you a two-and-a-half-year period upon initial entry, with an additional three months if you file for Entry Clearance. You will be required to submit an extension application prior to the expiration of this leave in order to receive an additional two and a half years.

The majority of individuals in the Spouse Visa category are on a five-year path to settlement. This implies that they are eligible for Indefinite Leave to Remain after receiving two 30-month grants.

Four grants of absence will be required for certain individuals who are on a ten-year journey to settlement. If you transition from the five-year route to the ten-year route after entering the UK, you may count both leave grants towards the ten-year route requirement.

If you are married to a British national, you may petition to naturalise as a British citizen immediately after obtaining Indefinite Leave to Remain in the UK. You will be required to wait a minimum of 12 months before you can submit an application if you are not married to a British national.

What if My Spouse Visa Application Is Refused?

If your application for a UK Spouse Visa is denied, you are entitled to an appeal. This is due to the fact that a spousal application is automatically classified as a human rights claim.

The appeal will be considered at the First-tier Tribunal (Immigration and Asylum Chamber) in the United Kingdom.

If you are located in the United Kingdom, you and your spouse will be permitted to appear before the Judge and provide testimony.

If you are located outside of the United Kingdom, your spouse will be permitted to attend; however, you may submit a statement and evidence for the Tribunal's consideration. If it is deemed appropriate in your situation, arrangements may be made for you to provide evidence remotely.

The outcome of immigration appeal proceedings may be uncertain and can take many months to be determined. Once more, we suggest that you obtain legal counsel and representation from a specialised immigration solicitor prior to appealing a decision to deny a Spouse Visa application.

What if I Cannot Satisfy the Requirements for a UK Spouse Visa?

If you are unable to meet the criteria for a UK Spouse Visa, you may still be able to enter or remain in the UK on human rights grounds if, for example:

• You have a child who is a British or Irish citizen and resides in the United Kingdom.
• You have a child in the United Kingdom who has resided there for a minimum of seven years and whose departure from the country would be deemed unreasonable.
• It would be a violation of your human rights to prevent you from entering the UK or to require you to leave the UK, as there would be substantial challenges that you and your spouse would be unable to surmount if you lived together as a couple outside of the UK.