If your spouse or partner is British, Irish, settled in the UK or has certain other qualifying immigration status, you may be able to apply for a UK Family Visa to live together in the UK.

The spouse and partner route is one of the most common ways for couples to relocate to the UK, but applications require detailed evidence. You must satisfy the requirements relating to your relationship, finances, English language ability and accommodation, as well as the general suitability requirements under the Immigration Rules.

Who can apply?

You may be eligible for a spouse or partner visa if your partner is:

• a British or Irish citizen;
• settled in the UK, including someone with Indefinite Leave to Remain or settled status under the EU Settlement Scheme (EUSS);
• a person with qualifying pre-settled status under the EUSS; or
• in the UK with refugee status or humanitarian protection.

You must also intend to live together permanently in the UK.

If your partner has settled or pre-settled status under the EUSS, it is important to establish whether the EUSS provides a more appropriate route before making a Family Visa application.

Relationship requirements

You must demonstrate that your relationship is genuine and subsisting and that you intend to live together permanently in the UK.

The requirements differ depending on your circumstances.

If you are married or in a civil partnership, you will need to provide evidence that your marriage or civil partnership is legally recognised.

If you are not married or in a civil partnership, you may qualify as an unmarried partner if you meet the requirements under the Immigration Rules. Evidence may include your history together, periods of cohabitation, travel, communication, financial commitments and other evidence demonstrating the nature of your relationship.

You do not necessarily need to have lived together to qualify, although the evidence required will depend on your individual circumstances.

Can dependants join me on this route?

Children under the age of 18 may be able to apply for permission to live in the UK with you as your dependants. Where a child requires a visa, they should generally apply at the same time as you, although there are circumstances in which a child may apply separately.

The rules relating to dependent children can be more complex where the child’s other parent is not the sponsoring partner, particularly where questions arise about parental responsibility, the child’s living arrangements or the consent of the other parent.

If you are planning to bring children to the UK with you, it is important to establish whether they qualify as dependants and which application route is appropriate before submitting your applications.

Financial requirement

For most new spouse and partner visa applications, the minimum income requirement is currently £29,000 per year.

The financial requirement can be met through a number of sources, including:

• employment income;
• self-employment income;
• pension income;
• rental or other qualifying non-employment income;
• and cash savings.

In some circumstances, different sources of income can be combined.

If cash savings are being used on their own to meet the financial requirement, the applicant and their partner will generally need to demonstrate £88,500 in qualifying cash savings. The savings must have been held for at least six months immediately before the application and meet the other requirements under the Immigration Rules.

For a new spouse or partner visa application, employment income must generally be from the sponsoring partner. The applicant’s overseas employment income cannot be relied upon to meet the financial requirement for their initial application to join their partner in the UK.

What if my partner receives disability or carer’s benefits?

If your partner receives one or more of certain qualifying disability or carer’s benefits, the £29,000 minimum income requirement does not apply.

The relevant benefits are:

• Disability Living Allowance;
• Severe Disablement Allowance;
• Industrial Injuries Disablement Benefit;
• Attendance Allowance;
• Carer’s Allowance;
• Personal Independence Payment;
• Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme;
• Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme;
• Police Injury Pension;
• Child Disability Payment (Scotland);
• Adult Disability Payment (Scotland);
• Carer’s Support Payment (Scotland);
• Pension Age Disability Payment (Scotland); and
• Scottish Adult Disability Living Allowance.

Instead, the applicant must demonstrate that they and their family can be adequately maintained and accommodated in the UK without relying on additional public funds. This is known as the adequate maintenance test. The calculation takes account of the household’s income and housing costs, so the financial assessment is different from the standard £29,000 minimum income requirement.

The financial requirement is one of the areas where applications most commonly require careful preparation, particularly where income comes from self-employment, investments, overseas sources or a combination of different sources.

English language requirement

Most applicants must demonstrate a required level of English language ability.

This can generally be established by:

• passing an approved English language test;
• holding an eligible academic qualification taught or researched in English; or
• being a national of a qualifying majority English-speaking country.

There are also exemptions in certain circumstances, including for applicants aged 65 or over and those who have certain physical or mental conditions.

The required level of English may increase when you later apply for further permission or settlement.

Accommodation

You must have adequate accommodation available for you and your family in the UK.

The accommodation can generally be rented, owned or provided by another person, provided it meets the relevant requirements.

The Home Office must be satisfied that the accommodation is adequate and that you will not be living in overcrowded conditions or accommodation that breaches relevant housing requirements.

Applying from outside or inside the UK

Whether you apply from overseas or from within the UK will depend on your current immigration status.

If you are applying from outside the UK, you will need to obtain entry clearance before travelling to the UK as a spouse or partner.

If you are already in the UK with valid immigration permission, you may be able to switch into the Family Visa route before your current permission expires.

There are important restrictions on switching from certain immigration categories. In particular, visitors will generally need to leave the UK and apply for a spouse or partner visa from overseas.

If you are already in the UK and have overstayed or otherwise do not meet the requirements to switch, there may be circumstances in which an application can be considered on human rights grounds. These applications are subject to different considerations and may lead to the 10-year route to settlement rather than the standard five-year route.

When should I apply?

If you are applying for a spouse or partner visa from outside the UK, you can generally submit your application up to 6 months before the date you intend to travel to the UK.

When completing the application, you will be asked to provide your intended travel date. If your application is approved, UK Visas and Immigration (UKVI) will determine the date from which your entry clearance is valid, taking your requested travel date into account.

You should therefore plan the timing of your application carefully, particularly if you need to coordinate your visa with a planned move, employment start date or other commitments in the UK.

If you are applying from within the UK, there is no equivalent six-month advance application window. You can generally apply at any time before your current immigration permission expires, provided you meet the requirements to make an in-country application.

How long does a spouse visa application take?

The processing time depends on whether you apply from outside or inside the UK and whether you choose a priority service.

For applications made outside the UK, the standard processing time is currently 60 business days. Applicants may also be able to purchase the optional Priority Service, which aims to provide a decision within 30 business days.

For applications made inside the UK, the standard processing time is currently 8 weeks. Applicants may also be able to use the Super Priority Service, which aims to provide a decision by the end of the next business day.

How long does a spouse visa last?

A spouse or partner visa granted following an application from outside the UK is valid for 2 years and 9 months.

You can then apply for a further period of permission, normally 2 years and 6 months, if you continue to meet the requirements.

Applicants following the standard five-year route can normally apply for Indefinite Leave to Remain after completing five years of qualifying residence on the partner route.

Once you obtain Indefinite Leave to Remain, you may subsequently qualify to apply for British citizenship, subject to the separate requirements for naturalisation.

UK spouse visa costs

There are two main government charges when applying for a spouse or partner visa: the visa application fee and the Immigration Health Surcharge (IHS).

For applications made outside the UK, the current Family Visa application fee for a spouse or partner is: £2,064

For applications made inside the UK, the current fee is: £1,407

Immigration Health Surcharge – £1,035.00 per annum for applicants 18 years of age and over, and £776.00 per annum for applicants under the age of 18:

• For entry clearance applications:
  • £3,105.00 per adult
  • £2,328.00 per child
• For in-country applications:
  • £2,587.50 per adult
  • £1,940.00 per child

Working and studying in the UK

A spouse or partner granted permission under the Family Visa route is generally permitted to work and study in the UK.

The main exception is a person granted permission as a fiancé(e) or proposed civil partner. They cannot work or study during the initial six-month fiancé(e) visa and must first marry or enter into a civil partnership and apply for permission as a spouse or partner.

How can we help?

Thinking about applying for a UK spouse or partner visa? Get in touch with our team to discuss your circumstances and the next steps.