Applying for a UK Partner or Spouse Visa – key requirements and considerations
Our Immigration Team regularly supports clients who wish to bring their overseas national partner, spouse and/or dependents to the UK. In this article, we discuss the key requirements for individuals applying to come to the UK under the Family Visa route as a partner or spouse, as well as guidance on how to navigate some common issues. At the end, there is a webinar recording in which Julie Moktadir, Head of the Immigration Team, talks through this subject with a series of helpful slides.
What is the Family Visa route?
The Family Visa route enables British nationals or individuals who are settled in the UK to bring their overseas national partner, spouse and/or dependents to live in the UK with them. Once granted, a visa under this route permits the holder to reside in the UK and work in most occupations without restriction.
This is a route to settlement. Time spent on this visa can therefore be counted towards the five years of continuous residence required for Indefinite Leave to Remain (also known as settlement) in the UK.
The law
The legal requirements for an application under the Family Visa route are outlined in Appendix FM to the Immigration Rules, and are broadly separated into entry clearance, suitability and eligibility requirements.
Where an individual is making their visa application from outside the UK, this is known as an application for entry clearance. The applicant must therefore submit a valid application from outside the UK. It is important to note that an applicant cannot switch to a Spouse or Partner Visa from a Visitor Visa from within the UK.
The suitability requirements relate to the applicant not having committed any offences, nor being involved in any activities that are not conducive to the public good.
The entry clearance and suitability requirements are therefore generally straightforward to meet. Where we often see issues arise for clients is under the eligibility requirements. These are separated into:
- Relationship requirement
- Financial requirement
- English language requirement
Relationship requirement
In order to meet the relationship requirements for a Partner or Spouse Visa under Appendix FM, the applicant’s partner must hold an eligible type of status in the UK, for example, British national.
Both applicant and partner must be over the age of 18 and the couple must have met in person. The couple must also intend on living together permanently in the UK, and their relationship must be genuine and subsisting. Furthermore, any previous relationships must have permanently broken down. As part of the application, the UKVI will assess these points and determine whether it thinks the relationship is genuine.
A key aspect of an application under this route is therefore evidencing these requirements and an application can be refused where insufficient evidence has been provided. The UKVI guidance confirms that evidence can be considered strong, acceptable and weak. The stronger evidence comes from official sources, such as documentation from government departments like HMRC, bank statements and medical letters.
Where a couple are married, they should provide evidence of their marriage, such as a marriage certificate. If the couple is not married, they must have been in a relationship similar to marriage or civil partnership for at least 2 years prior to the application, and this should be evidenced accordingly.
Those applying under this route should take care to include sufficient evidence of the relationship with their application to avoid a refusal on this basis.
Financial requirement
Individuals applying for a Partner or Spouse Visa must evidence that they have sufficient funds to sustain themselves once in the UK. The two main ways in which the financial requirement can be met are through providing evidence of:
- Annual income of at least £29,000 (increased from £18,600 in April 2024); or
- Specified cash savings of at least £88,500.
It is important to note that only certain sources of income are permitted and there are strict legal and evidential requirements that must be complied with. Where cash savings are being relied upon, there are further rules which must be adhered to including, for example, how long funds must be held for.
Information about the evidence expected by the UKVI can be found in Appendix FM-SE. These rules can make the financial requirement complex to navigate. As such, if there are any concerns in relation to finances, we would recommend seeking legal advice.
If an applicant’s partner receives certain disability or carer’s allowances, this may also be used to meet the financial requirement, provided the rules are met.
It is important to note that, in addition to meeting the financial requirement, the applicant must also show that there will be adequate accommodation for them in the UK.
English language requirement
Another aspect of the eligibility requirement is for the applicant to evidence their English language ability. The applicant can evidence this in a number of ways by:
- Being a national of a majority English speaking country;
- Having a UK degree or a degree taught outside the UK in English, and a certificate can be provided from Ecctis to confirm that it met the required standard;
- Passing a UKVI approved English language test prior to submitting their visa application.
Alternatively, if the individual is over 65 or has a disability that prevents them from meeting the English language requirement, they will be exempt.
Further considerations
There are a number of considerations that applicants should take into account when submitting an application for a Partner or Spouse Visa.
Regarding costs, the Partner Visa application fee is £1,846 and the Immigration Health Surcharge payable is £1,035 per year that the visa is valid for.
Furthermore, it is important to be aware that the minimum income requirement may increase to £38,700 in early 2025. This is, however, currently under government review.
Another consideration is that, where an individual has lived in a ‘listed country’ for six months or more, they may need to provide a valid tuberculosis test certificate as part of the application.
In relation to timings, the standard processing time for a Spouse or Partner Visa application submitted outside the UK is around 8-12 weeks. There is, however, a visa priority service which aims for a decision to be made on the application within 30 working days for an additional fee. Applicants should therefore consider these processing times in relation to their personal circumstances and timeframes.
Once granted a visa in this route, individuals can live in the UK and work in most occupations. This visa is ordinarily granted for two years and nine months in the first instance, which can be extended thereafter. If the individual is a fiancé(e), the initial period of grant is no more than six months. Visa expiry dates should always be diarised to ensure they are not missed.
Finally, once an individual has held status under this route for five years, they should ordinarily be eligible to apply for Indefinite Leave to Remain in the UK (also known as settlement).
Final thoughts
The legal requirements to come to the UK as a partner or spouse can be complex to navigate, particularly where there are issues around finance or evidencing the relationship. Our team supports individuals with all types of immigration law, including applications under the Family Visa routes, therefore, should you have any queries or if you would like support with your application, please get in touch, and to hear our Head of Immigration, Julie Moktadir, speak on this subject, please watch the recorded webinar below.