A Complete Guide to Spouse Visas

The UK Spouse Visa allows you to move to the UK to live with your sponsoring husband, wife or civil partner.

To obtain a Spouse Visa, you need to meet some exacting requirements and make a successful application to the Home Office.

In this guide, our UK immigration lawyers outline the eligibility requirements for the Spouse Visa, explain how to apply for your visa, and answer some frequently asked questions about the Family Visa route to UK entry clearance, settlement, and British citizenship.

The guide covers:

• Introduction to Spouse Visas
• Why Spouse Visas are important
• Types of Spouse Visas
• Eligibility criteria for Spouse Visas
• Who can sponsor a Spouse Visa application?
• Relationship requirements for a Spouse Visa application
• Financial requirements for Spouse Visas
• The English language requirement for a Spouse Visa
• General requirements for a Spouse Visa
• How to make a Spouse Visa application
• Documents required for a Spouse Visa application
• Common reasons for Spouse Visa refusals
• How to appeal or reapply for a Spouse Visa
• FAQs on Spouse Visas
• Tips for a smooth Spouse Visa application
• About OTS Solicitors

Introduction to Spouse Visas

A Spouse Visa allows someone who is married or in a civil partnership with a person who is either a British citizen or a person with settled status entry to the UK under a time-limited visa. The visa can be extended in length and can lead to UK settlement (Indefinite Leave to Remain) and British citizenship.

Why Spouse Visas are important

Spouse Visas are important because love and relationships often transcend national boundaries. They allow a couple who would otherwise be separated by immigration control to reunite and live together as a family.

Some couples choose to reunite by living outside the UK or by the spouse applying to come to the UK, securing a work visa or another type of visa. However, the Spouse Visa is important because:

1. It is a flexible visa – you can work while living in the UK on a Spouse Visa. Employment is not limited to specific jobs, and you do not need to be employed by an employer with a sponsor licence.
2. The visa can lead to UK settlement and a British citizenship application.
3. Spouse Visa holders can bring family members with them on Dependant Visas if the family member meets the eligibility requirements.

Types of Spouse Visas

There are three types of Spouse Visa applications:

1. UK Spouse Visa
2. Spouse Visa renewal
3. Indefinite Leave to Remain for spouses

Securing your first Spouse Visa is the first step to settling in the UK. The UK immigration rules require you to apply for a visa extension before you become eligible to apply for Indefinite Leave to Remain(ILR) as a spouse. Once you have Indefinite Leave to Remain status, you can decide whether you want to apply for British citizenship.

As the eligibility criteria for each type of application are slightly different, it's important to Spouse Visa Solicitors when you first decide to apply for a Spouse Visa. They will explain how to navigate the three stages so you can obtain your first visa, visa extension, and settlement as quickly and efficiently as possible by understanding the rules you need to follow to qualify for the next stage of your visa journey to UK settlement.

Eligibility criteria for Spouse Visas

The requirements for UK Spouse Visas are outlined in Appendix FM of the immigration rules. They are:

1. You and your sponsoring spouse or civil partner must be at least 18 years old.
2. Your sponsoring partner must be eligible to sponsor you.
3. You must be married or in a civil partnership.
4. Your relationship must be genuine and subsisting.
5. On a first Spouse Visa application, your sponsoring spouse must meet the Spouse Visa financial requirement. On a renewal application or Indefinite Leave to Remain application, your income can meet the financial requirement or contribute towards it.
6. You must meet an English language requirement.
7. You must have accommodation in the UK.
8. You must meet the general eligibility criteria for a UK visa.

Who can sponsor a Spouse Visa application?

All Spouse Visa applicants need their husband, wife or civil partner to sponsor their visa application. The sponsor must be living in the UK and meet one of these criteria:

1. British citizen or Irish national. This can be through birth or after arrival in the UK on a visa and the subsequent acquisition of British citizenship, or
2. Settled person. This means they have either Indefinite Leave to Remain status, permanent residence or settled status under the EU Settlement Scheme, or
3. Refugee status or humanitarian protection in the UK, or
4. Holder of a Turkish Businessperson Visa or Turkish Worker Visa.

If you are unsure whether your sponsor meets the requirements or if they need immigration legal advice to secure their status, our UK immigration solicitors can assist them in achieving their goal, so you can then apply for your Spouse Visa.

Relationship requirements for a Spouse Visa application

There are four relationship requirements for a Spouse Visa:

1. The marriage or civil partnership must be legally recognised in the UK, and
2. The relationship must be genuine, and
3. The relationship must be ongoing, and
4. You must intend to live together as a couple in the UK.

Home Office officials are on the lookout for sham marriages and refuse applications if they do not believe a relationship is genuine. This can lead to inappropriate challenges to loving relationships, where, for cultural reasons, a husband and wife may not have had a long courtship or lived together before their marriage, or where a husband and wife have married after a holiday romance and are forced to live apart due to immigration rules.

The online Family Visa application and covering letter provide an opportunity to demonstrate that your relationship meets all four eligibility criteria and complies with the immigration rules and Home Office guidance.

Financial requirements for Spouse Visas

The current financial requirement is that a sponsor must have a gross annual income of at least £29,000 to be able to sponsor their partner’s visa application.

There are some exceptions to this rule:

1. The sponsor and/or their partner have access to cash savings over £88,500, and the savings meet the immigration rules on how long the funds have been accessible and the source of the money or the sponsor. Alternatively, the sponsor and/or their partner have access to cash savings, and they can use a combination of income and accessible savings to meet the financial requirement.
2. The sponsor receives a qualifying state benefit from a list prescribed by the Home Office.
3. Exceptional circumstances apply. For example, the applicant can demonstrate that there will be unjustifiably harsh consequences if their application is refused. In this situation, the Home Office official can consider other sources of income to meet the financial requirement.

The way the financial requirement is applied depends on whether an applicant is applying for their first visa, a visa extension, or Indefinite Leave to Remain. The immigration rules state that when an applicant is applying for their first visa, their income is usually not considered when assessing if the financial requirement is met, even if they have a job offer in the UK. An applicant for an extension or ILR can generally have their income included in the financial assessment.

In addition to meeting the financial requirement, an applicant must also provide evidence to demonstrate that they will have accommodation in the UK without recourse to public funds. To meet this requirement, neither the applicant nor their sponsor needs to own or rent a property in the UK. For example, the applicant and their sponsor may have been offered accommodation in the home of an extended family member.

The English language requirement for a Spouse Visa

An applicant must show they have sufficient knowledge of the English language in one of three ways:

1. By passing an English language test (the Common European Framework of Reference for Languages (CEFR) English test) at an approved testing centre, or
2. A qualification from an approved list taught in English, or
3. Being a national of a mainly English-speaking country.

The Home Office classifies Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago, and the United States as predominantly English-speaking countries.

You will be exempt from sitting the English language test and from meeting the English language requirement if:

1. You are over 65 years of age, or
2. You have a physical or mental condition that prevents you from sitting the test.

General requirements for a Spouse Visa

Every UK visa applicant must meet general requirements for entry clearance in addition to the visa-specific requirements. They are contained in Part 9 of the immigration rules.

The general grounds for refusal include the applicant’s entry not being deemed conducive to the public good, criminal offending, involvement in a suspected sham marriage, making false representations, or previous breaches of immigration law.

If you are concerned about a prior criminal offence, an earlier marriage, or your past immigration record, it's best to discuss this with your immigration lawyer. They can then fully address why you meet the general requirements when submitting your online visa application.

How to make a Spouse Visa application

You can apply for a Spouse Visa in the UK or make your application from overseas. If you apply for a Spouse Visa from within the UK, it will last for 30 months. If you apply from overseas, the visa will be valid for 33 months.

All UK visa applications are made online to the Home Office. The application must be accompanied by:

1. The correct fee payable to the Home Office, and
2. The supporting documents that show you meet the visa eligibility criteria.

When applying for a Spouse Visa, it is advisable to seek specialist immigration legal advice because the requirements and immigration rules can be complex. Some of the requirements can be challenging to prove to the standards set out in the immigration rules and the accompanying Home Office guidance for visa applications.

The eligibility criteria and the documents you need to support each requirement can be broken down by expert immigration lawyers experienced in submitting applications, even where family circumstances are unusual, such as:

1. The marriage was arranged, and there was limited direct contact before the wedding ceremony.
2. You have not lived with your spouse for some years before making your first visa application.
3. There is a very significant age gap between you and your sponsoring spouse.
4. Your sponsoring spouse is self-employed or a company director, or is relying on several sources of income or a combination of income and capital to prove they meet the financial requirement to sponsor your visa application.
5. You or your sponsoring partner made a previous unsuccessful visa application with a previous partner.
6. You have previously applied for a work visa or other type of visa, and your application was refused.
7. After a short relationship and marriage, you are applying to switch visa from your current UK Student Visa or Graduate Visa to a Spouse Visa.
8. Family members are helping you meet the financial requirement by gifting you capital.
9. You previously overstayed on a UK visa.
10. You have a criminal record, or there is another aspect that makes you worried that you will not easily meet the general eligibility criteria for a UK entry clearance or leave to remain.

There may be several other reasons why you may struggle to secure a visa despite the genuineness of your relationship with your husband, wife or civil partner. Specialist Spouse Visa Solicitors can advise you, whatever the circumstances of your application, and ensure that you get the bespoke immigration legal advice you need to ensure your application meets all the UK Spouse Visa requirements and immigration rules.

Documents required for a Spouse Visa application

The documents required for a Spouse Visa application depend on a variety of factors, but generally, all applicants must provide:

1. Completed online application form and application fee.
2. Valid passport and any previous passports.
3. Biometric information – fingerprints and photographs.
4. National insurance number (if one has been issued).
5. Evidence that the English language requirement is met or evidence of an exception from sitting the English language test.
6. Evidence of the relationship (marriage or civil partnership certificate).
7. Evidence that the relationship is genuine and subsisting.
8. Evidence that the financial and accommodation requirements are met.
9. Details of any previous convictions.
10. TB test certificate if you are from a country where the Home Office requires a TB certificate.

The exact documents required depend on several factors, such as:

1. The circumstances of the relationship and the evidence that best show that the relationship is genuine and ongoing. This could be a copy of an old tenancy agreement from when you lived together overseas, a council tax bill, joint bank statements, or photos and social messaging. An immigration lawyer will advise on the most compelling evidence to produce, as it is a case of the quality of information rather than the volume.
2. The source of the income or capital being used to meet the financial requirement. The paperwork required can be complex when the applicant relies on the sponsor’s self-employed income, remuneration as a company director, multiple sources of income or capital. The immigration rules are strict regarding the sources of funds that can be combined and the evidence required.

It is recommended that applicants seek immigration legal advice well in advance of the final submission date for their UK Family Visa application because it can take time to obtain key evidence, such as a letter from a former landlord or employer, or to obtain tax returns or information from a company accountant.

Common reasons for Spouse Visa refusals

Common reasons for Spouse Visa refusals include:

1. Not submitting all the evidence required to prove that you meet all the Spouse Visa requirements, or not sending the most compelling evidence to support your application.
2. Not addressing potential problem areas in the online application. For example, if the marriage is of short duration and only a limited time has been spent with a spouse, or a previous immigration application was refused.
3. Not paying the correct application fee.
4. Assuming a Home Office official will understand your circumstances without your having to spell out the reasons why family-provided accommodation is suitable to meet the accommodation requirement.
5. Not explaining, by reference to the detailed Home Office guidance, why your application involves human rights and why a Home Office caseworker should exercise discretion and grant your visa because of your compelling exceptional circumstances.

How to appeal or reapply for a Spouse Visa

If your application is refused, you have four options:

1. Apply for an administrative review.
2. Appeal to an immigration tribunal.
3. Apply for a judicial review.
4. Reapply.

The route you should take will depend on the reasons for the refusal. For example:

• You may want to apply for an administrative review by a different Home Office caseworker if you think the original decision maker made an obvious mistake. For example, saying no evidence of marriage was submitted, but you have proof that the Home Office received the certificate and an English translation.
• You may need to appeal the decision to refuse you a visa if you made a compelling case for the Home Office to exercise discretion and grant your visa, but the application was denied.
• You submitted your own visa extension application without realising that your second application would need to be as detailed as your first application, and have been advised by your lawyers that a fresh application for an extension would be your quickest and cheapest option to secure your visa extension.

Points to consider when applying for an administrative review, appeal or judicial review are:

1. There are strict deadlines to apply for an administrative review, appeal or judicial review. The deadlines depend on whether you have made the application from within the UK or from overseas.
2. Tribunal or judicial review proceedings take a lot longer and are therefore more expensive than applying for an administrative review or making a fresh application.
3. A new application must address the reasons for the original refusal. If it does not do so, the Home Office will also refuse the second application.

If you decide you want to appeal against a Home Office decision or make a fresh application, you need to do so quickly, as you do not want your immigration status compromised by making a late application.

FAQs on Spouse Visas

Can I apply for a Spouse Visa if we are not married yet?

You cannot apply for a Spouse Visa if you are unmarried. You may meet the criteria for a Fiancé Visa if you want to come to the UK to get married. Alternatively, you may qualify as a partner and obtain entry clearance on an Unmarried Partner Visa.

Can my wife or husband cancel my Spouse Visa?

A husband or wife does not have the authority to cancel your visa; only the Home Office can do that.

If you permanently separate from your spouse whilst in the UK, you and they are under a duty to inform the Home Office. The Home Office will then curtail your visa. This means the visa ends early (usually in 60 days), and you then have three options:

1. Switch to a different type of visa and stay in the UK.
2. Leave the UK.
3. Apply for Indefinite Leave to Remain using the domestic violence concession if your relationship broke down because of your partner’s domestic violence.

It is best to speak to a specialist UK immigration lawyer about your options, as staying in the UK after your visa expires will result in the Home Office classifying you as an overstayer.

How much is a Spouse Visa?

The cost of a Spouse Visa can be considerable, which is why it's essential to submit the best possible application. The Home Office will not refund the fees if you are not successful and need to reapply.

In addition to the Home Office Spouse Visa fees, you will also have to pay:

1. Biometric enrolment fees.
2. The English language test fee.
3. Getting documents officially transcribed into English.
4. The immigration health surcharge, so you can access NHS treatment while in the UK.

You may also want to consider paying for priority visa processing if you prefer a quicker decision on your visa than the standard Home Office processing time.

How long does a Spouse Visa take?

The UK spouse visa processing time depends on the complexity of your application and the quality of the documents submitted in support of your application.

If you are already in the UK, you can stay in the UK while your application is pending approval.

If you want a quick decision on your visa application, you can pay the Home Office an additional fee for priority processing. An immigration solicitor can tell you whether, in your circumstances, paying for a priority decision is worthwhile.

What happens if you divorce on a Spouse Visa?

If you permanently separate or divorce while in the UK on a Spouse Visa, you need to let the Home Office know that your relationship has ended, as the continuation of your visa is dependent on your relationship.

If you separate from your spouse because of their domestic violence, you may be able to apply early for Indefinite Leave to Remain using the domestic violence concession. Alternatively, if you separated for other reasons and wish to remain in the UK, you may be able to switch to a different type of visa without needing to leave the UK and apply for a new visa from within the UK.

Does Universal Credit affect Spouse Visas?

Your sponsoring husband, wife, or civil partner of a Spouse Visa applicant can claim Universal Credit without it affecting your visa application.

A Spouse Visa holder cannot claim Universal Credit in their own right, as the immigration rules state that a visa holder cannot access public funds while living in the UK on a visa. Once the Spouse Visa holder has secured Indefinite Leave to Remain and is settled in the UK, they are eligible to apply for UK state benefits, including Universal Credit.

Can a Spouse Visa lead to citizenship?

A Spouse Visa can lead to citizenship. You will need to apply to extend your Spouse Visa and then secure Indefinite Leave to Remain before being eligible to apply for British citizenship.

There is different eligibility criteria for British citizenship compared to a visa or an application for Indefinite Leave to Remain. That’s why it is important to take British citizenship immigration legal advice to ensure that you understand the citizenship requirements and are eligible to apply.

How can I prove my relationship for a Spouse Visa?

Proving that you are married and in a genuine and subsisting relationship with your spouse can be difficult if there are questions over the validity and recognition of your marriage in the UK, or if you only have limited evidence of time spent with your spouse because you have been forced to live in separate countries for financial reasons or due to UK immigration rules.

The best way to prove your relationship depends on the evidence available. Our immigration solicitors are experts in assessing the available evidence and determining what evidence should be submitted with your application. Immigration lawyers emphasise that sending large sheaths of paperwork will not help. Your lawyer needs to filter the evidence that helps prove your relationship and then submit it with your application, ensuring that the evidence is linked to the specific Home Office guidance.

Can I include my children in a Spouse Visa application?

If you want to bring your dependent children with you to the UK, you will need to apply for Dependant Visas on their behalf. Your sponsoring spouse will not need to meet an additional financial income threshold to sponsor your children.

Can I travel outside the country while my Spouse Visa application is pending?

You cannot travel outside the country while your visa application is pending approval by the Home Office. If you have travel plans, you may want to consider applying for a quick Home Office decision on your application by paying for the Home Office premium or priority processing service.

Tips for a smooth Spouse Visa application

Our award-winning UK immigration lawyers have these three tips for a smooth Spouse Visa application:

1. Talk to a specialist immigration lawyer as soon as you know you want to apply for a Spouse Visa. They will explain the application process and outline the documents needed to support your application.
2. Keep copies of documents. Old paperwork, such as a joint tenancy agreement or bank statement, may help you prove that you meet the relationship or financial requirement of being in a genuine and subsisting relationship. It can take time to obtain duplicate paperwork, such as payslips or tax returns.
3. Plan ahead, as your UK Family Visa journey does not end with your first visa application. You will need to apply to extend your Spouse Visa and for Indefinite Leave to Remain. If you plan ahead, it will make it easier to secure your extension and ILR status.

About OTS Solicitors

OTS Solicitors are based in central London and ranked in the two leading law directories, Legal 500 and Chambers Guide to the Legal Profession.

The immigration team are:

1. Accredited by the Law Society for their immigration work
2. Regularly receive excellent reviews on Google and Trustpilot for their expert and professional immigration legal advice delivered by lawyers who take the time to learn about why you want a UK visa and to then support and guide you through the application process.

When you place your trust in our lawyers to deliver your Spouse Visa, you are promised:

• A named lawyer who knows all about your application and how best to secure your visa at a fair price for our specialist services.
• Communication, so you are kept up to date with what you need to provide our immigration lawyers with, so we can prepare the best visa application for you in your circumstances.
• Accessible lawyers who are available to answer your visa questions from our offices in central London, by telephone, or through online consultation. We have a global client base and understand the importance of keeping you informed about changes in immigration rules and the progress of your application.

Contact our UK immigration lawyers for expert Spouse Visa advice.