To apply for a Partner Visa in the UK, both you and your partner must meet specific eligibility criteria.
Age Requirement
Both partners must be at least 18 years old.
Partner’s Citizenship or Residency Status
Your partner must fulfil one of the following conditions to be eligible for the Family Visa: they must be a British or Irish citizen; have settled status in the UK, such as indefinite leave to remain, settled status, or proof of permanent residence; be a citizen from the EU, Switzerland, Norway, Iceland, or Liechtenstein with pre-settled status, having started residency in the UK before January 1, 2021; hold a Turkish Businessperson visa or a Turkish Worker visa; have protection status, which includes leave to remain as a refugee or humanitarian protection; or have permission to stay as a stateless person.
Intention to Live Together
Both partners must intend to live together permanently in the UK after the application is submitted.
Relationship Evidence
To qualify for a Partner Visa, you must demonstrate one of the following:
Civil Partnership or Marriage: You are in a civil partnership or marriage that is recognized in the UK.
Living Together
You have been living together in a relationship for at least 2 years at the time of your application.
Specific Requirements for Fiancés and Fiancées
If you are applying as a fiancé, fiancée, or proposed civil partner, you must provide evidence that any previous marriages or civil partnerships have ended, as well as a clear plan to marry or enter a civil partnership within 6 months of arriving in the UK. This documentation is essential to demonstrate your commitment and intention to establish a genuine relationship in the UK.
Long-Distance Relationship
You have been in a relationship for at least 2 years but cannot live together due to work, study, or cultural reasons.
The financial thresholds for partner, fiancé, fiancée, or proposed civil partner visa applications have increased since April 11, 2024. If you are applying on or after this date and are new to these routes or seeking permission to stay with a new partner, you must meet the new threshold of £29,000.
There is no longer a separate child element to the minimum income requirement.
However, if you are already in one of these routes and applying to stay with the same partner for whom you were last granted permission, you can benefit from transitional arrangements and only need to meet the lower threshold of £18,600, plus an additional amount for any children, capped at a maximum of £29,000. For those who have applied before April 11, 2024, the previous threshold of £18,600 still applies.
Additionally, if a child is applying under Appendix FM, they must meet the same financial threshold as the parent they are joining, regardless of when the child’s application is made.
To successfully apply as a partner or spouse, you must provide evidence showing that you have enough income or means to support yourselves in the UK. This requirement applies whether the partner is joining the UK sponsor from abroad, if the couple is already living together in the UK, or if they are returning to the UK from overseas.
The Immigration Rules relating to the Spouse Visa financial requirement are complex and include mandatory documentary evidence requirements. The onus is on applicants to demonstrate that the financial requirement is met. One of the most common reasons for refusal of a Spouse Visa application is because mandatory financial evidence is not provided.
You can satisfy the financial requirement for a UK Spouse Visa in several ways, including:
In some cases, you can combine different sources of income to meet the financial requirement.
It’s important to note that different rules apply if your spouse receives certain state benefits or entitlements.
Additionally, the amount of cash savings needed for an entry clearance or extension application is different from what is required when applying for indefinite leave to remain as a spouse.
In exceptional cases, if refusing the Spouse Visa application would violate Article 8 of the European Convention on Human Rights (ECHR), other reliable sources of income or financial support may be considered.
Our immigration solicitors and caseworkers are experts in the Spouse Visa financial requirement rules and can help you navigate the complex documentation needed for your application.
If your UK-based partner receives certain qualifying benefits or allowances, you may be exempt from meeting the standard £29,000+ financial requirement for a Spouse Visa. Instead, you must demonstrate “adequate maintenance” to support yourselves and any dependents without relying on public funds.
Qualifying Benefits/Allowances
Whether you are applying for entry clearance or seeking further leave to remain as a spouse, you must provide evidence that adequate accommodation is available for you and your spouse, without the need to rely on public funds. This accommodation should be a property that you own or occupy exclusively. You will need to demonstrate the basis on which the property is owned or occupied, confirm that you have the legal right to occupy the property exclusively, and ensure that the accommodation is not overcrowded and complies with public health regulations.
Unless exempt, as part of your Spouse Visa application, you must satisfy the Home Office that you meet the English language requirement. When applying for entry clearance or switching to the Spouse Visa route, you need to demonstrate competence in the English language at least at CEFR level A1. For those applying for further leave to remain as a spouse, the required level is CEFR A2.
You can meet the Spouse Visa English language requirement in one of the following ways:
To be exempt from the English language requirement, you typically need to prove that:
If you are unable to demonstrate that you meet the English language requirement or qualify for an exemption, your Spouse Visa application will be refused.
The most common reason for a Spouse Visa application to be refused is the failure to provide sufficient documentary evidence. The Immigration Rules impose strict requirements regarding the documents that must be submitted in support of a UK Spouse Visa application, and the necessary supporting documents can vary significantly from case to case. Applicants should exercise caution when using pre-prepared document checklists, as these may not be tailored to their specific circumstances.
Seeking advice from an immigration lawyer can help ensure that the documents listed are appropriate for your situation. Additionally, if a required document is missing, incorrectly formatted, or lacks essential information, your Spouse Visa application may be denied.
Our immigration solicitors and caseworkers offer expert guidance to Spouse Visa applicants regarding the necessary documents for a successful application and can review supporting documents to ensure compliance with the Immigration Rules.
The Home Office application fee for a UK Spouse Visa application submitted outside the UK is currently £1,846. The Home Office application fee to switch into the spouse category from within the UK or extend stay as a spouse is currently £1,048. Additional fees will apply if you use the Priority or Super Priority Service.
Pay for UK healthcare as part of your immigration application
There is a separate health charge for the applicant who apply under spouse/partner category. The Immigration Health Surcharge is £2587 for 2.5 – years of visa granted under this category.
The current processing time for a Spouse Visa application submitted from outside the UK is approximately 24 weeks. If you choose to apply through the Priority Service, you can typically expect a decision within 30 working days. Please note that there is no Super Priority Service available for applications made from outside the UK.
For applications to switch to or extend a Spouse Visa submitted from within the UK, the Home Office is currently processing these applications within 8 weeks. However, if you do not meet the minimum income or English language requirements, it may take up to 12 months to receive a decision.
While there is no 5-working-day Priority Service for in-country Spouse Visa applications, if you opt for the Super Priority Service, you should receive a decision by the end of the next working day.
After this period, you will need to apply to extend your stay.
If you extend your family visa or switch to a Spouse Visa, you can remain in the UK for an additional 2 years and 6 months.
After spending 5 years in the UK as a spouse, you will be eligible to apply for indefinite leave to remain.
You can apply for leave to remain as a spouse from within the UK, unless you are in the country as a visitor or, with a few exceptions, if you have valid leave that was granted for a period of 6 months or less.
Visitors who wish to settle in the UK with their husband or wife must leave the UK and apply for entry clearance as a spouse from outside the country.
However, if you are in the UK with permission as a fiancé(e) or if you have been granted leave while awaiting the outcome of family court or divorce proceedings, you may exceptionally apply for leave to remain as a spouse from within the UK.
Spouse Visa holders have a full right to work in the UK.
If your Spouse Visa application is successful, you will initially be granted permission to enter the UK for a period of two and a half years, with an additional three months if you are applying for entry clearance. You will need to submit an extension application before your current leave expires. If your extension application is successful, you will receive further leave for another two and a half years.
After spending 5 years (60 months) in the UK on the Spouse Visa route, you may be eligible to apply for indefinite leave to remain in the UK.
To qualify for indefinite leave to remain as a spouse, you must demonstrate, in addition to the above requirements, that:
If you apply for indefinite leave to remain as a spouse but do not meet the above requirements, UK Visas and Immigration will consider whether you qualify for a further extension of stay as a spouse.
The Home Office application fee for a UK Spouse Visa application submitted outside the UK is currently £1,846. The Home Office application fee to switch into the spouse category from within the UK or extend stay as a spouse is currently £1,048. Additional fees will apply if you use the Priority or Super Priority Service.
Pay for UK healthcare as part of your immigration application
There is a separate health charge for the applicant who apply under spouse/partner category. The Immigration Health Surcharge is £2587 for 2.5 – years of visa granted under this category.
The current processing time for a Spouse Visa application submitted from outside the UK is approximately 24 weeks. If you choose to apply through the Priority Service, you can typically expect a decision within 30 working days. Please note that there is no Super Priority Service available for applications made from outside the UK.
For applications to switch to or extend a Spouse Visa submitted from within the UK, the Home Office is currently processing these applications within 8 weeks. However, if you do not meet the minimum income or English language requirements, it may take up to 12 months to receive a decision.
While there is no 5-working-day Priority Service for in-country Spouse Visa applications, if you opt for the Super Priority Service, you should receive a decision by the end of the next working day.
After this period, you will need to apply to extend your stay.
If you extend your family visa or switch to a Spouse Visa, you can remain in the UK for an additional 2 years and 6 months.
After spending 5 years in the UK as a spouse, you will be eligible to apply for indefinite leave to remain.
You can apply for leave to remain as a spouse from within the UK, unless you are in the country as a visitor or, with a few exceptions, if you have valid leave that was granted for a period of 6 months or less.
Visitors who wish to settle in the UK with their husband or wife must leave the UK and apply for entry clearance as a spouse from outside the country.
However, if you are in the UK with permission as a fiancé(e) or if you have been granted leave while awaiting the outcome of family court or divorce proceedings, you may exceptionally apply for leave to remain as a spouse from within the UK.
Spouse Visa holders have a full right to work in the UK.
If your Spouse Visa application is successful, you will initially be granted permission to enter the UK for a period of two and a half years, with an additional three months if you are applying for entry clearance. You will need to submit an extension application before your current leave expires. If your extension application is successful, you will receive further leave for another two and a half years.
After spending 5 years (60 months) in the UK on the Spouse Visa route, you may be eligible to apply for indefinite leave to remain in the UK.
To qualify for indefinite leave to remain as a spouse, you must demonstrate, in addition to the above requirements, that:
If you apply for indefinite leave to remain as a spouse but do not meet the above requirements, UK Visas and Immigration will consider whether you qualify for a further extension of stay as a spouse.
Initial Visa Grant
Extension Application
Settlement Routes
Naturalization as a British Citizen
Key Considerations
If your application for a UK Spouse Visa is denied, you have the right to appeal the decision, as such applications are automatically considered human rights claims. The appeal will be conducted at the First-tier Tribunal (Immigration and Asylum Chamber) in the UK.
If you are currently in the UK, both you and your spouse can attend the hearing and provide evidence to the Judge. If you are outside the UK, your spouse can attend the hearing, and you can submit a written statement along with supporting evidence for the Tribunal’s consideration. In some cases, arrangements may be made for you to give evidence remotely.
Please be aware that immigration appeal proceedings can take several months to resolve, and the outcome may be unpredictable. We strongly recommend seeking legal advice and representation from a specialist immigration lawyer before proceeding with an appeal against a Spouse Visa refusal.
We assist partners in both same-sex and opposite-sex relationships, whether they are married or unmarried, residing in the UK or abroad. Our expertise extends to individuals with exemplary immigration histories as well as those who may have encountered difficulties in the past. We have significant experience handling complex applications that involve various financial sources, including self-employment, non-salaried employment, and non-income financial resources. Additionally, we are well-versed in assisting overstayers and same-sex couples who cannot return to their home countries due to concerns about their rights and liberties.
If you are unable to satisfy the standard criteria for a UK Spouse Visa, you may still qualify to enter or remain in the UK under human rights grounds (Article 8 of the European Convention on Human Rights).
Potential scenarios include:
Parental Ties to a Child in the UK
Your child is a British/Irish citizen or has resided in the UK for 7+ years, and it would be unreasonable to expect them to leave (e.g., disruption to education, family ties, or integration).
“Very Significant Obstacles” to Living Abroad
You and your spouse face insurmountable difficulties living together outside the UK (e.g., unsafe conditions, medical needs, or extreme hardship).
Breach of Human Rights
Removal or exclusion from the UK would violate your right to family/private life (e.g., long-term relationships, dependency on UK-based family, or exceptional circumstances).
Other Compelling Circumstances
Cases involving vulnerable individuals (e.g., victims of domestic abuse, serious health issues requiring UK-based care).
How to Proceed
Key Considerations
We assist partners in both same-sex and opposite-sex relationships, whether they are married or unmarried, residing in the UK or abroad. Our expertise extends to individuals with exemplary immigration histories as well as those who may have encountered difficulties in the past. We have significant experience handling complex applications that involve various financial sources, including self-employment, non-salaried employment, and non-income financial resources. Additionally, we are well-versed in assisting overstayers and same-sex couples who cannot return to their home countries due to concerns about their rights and liberties.
We recognise that some individuals may find themselves in abusive relationships and feel trapped due to their immigration status. Our team is equipped to assist with applications based on domestic violence and has extensive experience with cases involving stranded spouses.
We actively engage with policymakers and provide training to other legal professionals on family-based immigration applications, ensuring that we stay at the forefront of immigration law.
At ABS, we celebrate the fact that love transcends borders, cultures, and ages. Whatever your unique circumstances may be, we are here to provide tailored advice and support for your family immigration needs.
At Adam Bernard Solicitors, we take pride in our extensive history of helping couples and families unite in the UK. Whether you are the partner of a British citizen, a settled individual, a European national with EU Settlement Scheme leave, or someone with temporary leave, our team is here to provide expert advice on your immigration application based on your relationship.
Our work in family immigration has been recognized by leading directories, highlighting our commitment to supporting partners through increasingly complex immigration rules. We understand that navigating the application process can be challenging, and we are dedicated to guiding you through every step.
Call us today at 0207-100-0505 to discuss your case with our lawyers and schedule a free consultation.
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