UK Spouse Visa | 2024 Ultimate Application Guide

Sunday, January 5, 2025

UK partner visa or spouse visa is a family visa that allows eligible non-British citizens to join and live with their British or permanent resident spouses in the UK.

Contact SLS Solicitors today on 0161 697 5959 for tailored legal advice for a successful spouse visa application.

What is a UK Spouse Visa?

Also known as a partner visa,  UK Spouse Visa is a family visa that enables foreign nationals to live in the UK with their British or settled partner. A UK spouse visa is designed for people who are married, in a civil partnership, or in a genuine relationship with a British citizen, a person with Indefinite Leave to Remain (ILR), EU Settled Status, or a recognised refugee in the UK.

Unlike a UK Marriage Visitor Visa, which only allows entry for marriage or civil partnership ceremonies, the Spouse Visa provides a pathway to permanent residency and eventual British citizenship.

The visa is initially granted for up to 30 months, with the possibility of a 30-month extension upon meeting the necessary criteria. It is the initial step toward obtaining Indefinite Leave to Remain (ILR), which grants permanent residency in the UK. Following ILR, you may also qualify for British citizenship, typically after some years and meeting additional requirements.

A UK Spouse Visa grants you the right to do any job without restrictions in any sector. You can also study and participate in various social activities. However, you may be limited regarding certain public funds such as housing allowance and tax credits.

Difference Between Spouse Visa and Other Family Visas

A Spouse Visa is one of the most sought-after family visas. According to a UK government source, over 80,000 visas were granted under the family category in 2023. The family category offers various pathways, each tailored to specific relationships.

For example, while a Spouse Visa allows married or civil partners of British citizens or settled persons to live in the UK, the Fiancé(e) Visa permits entry for marriage or civil partnership but does not grant the right to work. Other types include the Parent Visa for those with dependent children in the UK and the Adult Dependent Relative Visa, designed for relatives requiring long-term care.

It is crucial not to confuse these visas, as each has distinct eligibility criteria and rights. For instance, while a Spouse Visa provides a pathway to Indefinite Leave to Remain (ILR), a Marriage Visitor Visa only allows a short-term stay for marriage ceremonies. Understanding the differences will help you focus on meeting the correct requirements and avoid unnecessary delays or complications. You can also work with an immigration expert to ensure compliance and a straightforward application process.

Spouse Visa Eligibility Criteria

You are required to meet various eligibility criteria to qualify for the UK Spouse Visa. These include:

• Proof of relationship requirements
• Financial requirements
• Accommodation requirements
• Proof of English

Proof of Relationship Requirements

One of the most crucial elements of a Spouse Visa application is proving the genuineness of your relationship with the UK Home Office. Failure to demonstrate this will lead to delay or outright rejection. 

You must provide evidence showing that your relationship is honest, subsisting, and legitimate and that you did not enter into it solely to secure the visa.

To prove this, you must provide a range of documentary evidence, depending on your situation. The evidence must be verifiable and meet the criteria set by the UK Visas and 

Immigration (UKVI). Examples include:

• A marriage certificate or civil partnership certificate
• Evidence of at least 2 years of cohabiting at the same address if applying as an unmarried partner
• Proof of shared financial responsibilities, such as a joint bank account, life insurance policies with listed beneficiaries, bills paid in both names, or a joint mortgage or tenancy agreement
• Evidence that you live together, such as tenancy agreements, mortgage agreements, utility bills or other official documents or forms of ID with the same addresses, such as driving licences
• Evidence that any previous relationships have broken down permanently, such as divorce certificates from any previous marriages
• Evidence that you have children together, such as birth certificates, adoption certificates, and any proof that you and your spouse share responsibilities for them
• Evidence of communication and experiences shared together, such as through letters, texts,  emails, photographs, social media messages, receipts, travel tickets and hotel or holiday bookings.
• Proof that you and your spouse intend to settle in the UK long-term

If You Live Apart

If you are not living together for any reasons, such as study or work purposes, or for religious or cultural reasons, you can provide evidence of ongoing commitment to each other. This may include proof that you:

• Support each other financially as a married couple or civil partners.
• Communicate regularly with each other.
• Attend events or spend time together as a couple, for example, on holiday.
• Care for any children you have together. 

Accommodation Requirements

To get a UK Spouse Visa, you must provide adequate accommodation for family migration for you and your partner. This means having a safe, suitable, and spacious place to live. The Home Office checks that your housing meets specific standards, which include overcrowding and public health rules.

Your accommodation must:

• Be owned or rented by you or your family.
• Have enough space for you, your partner, and any children.
• Not rely on public funds unless in cases where such is acceptable.

Overcrowding is a key concern. The Home Office checks the number of people and bedrooms in the property. Children under one are not counted, and children aged 1-10 count as half a person.

You will need to provide proof such as property deeds, lease agreements, or landlord letters. If the property is shared, you must prove there is space exclusively for your use.

Meeting these standards is vital for your application to succeed. Ensure all documents are clear and complete.

Financial Requirements

As of April 2024, you (the applicant) and your partners must demonstrate a combined gross annual income of £29,000 to meet the financial requirements for a UK spouse visa. You can leverage various income sources to meet this threshold, individually or jointly.

The income can include:

• Employment or self-employment salary earned by either partner.
• Pension income received by the applicant and/or their partner.
• Income from property letting (if applicable).
• Savings, provided the cash savings are substantial enough. If relying solely on savings, the required amount is calculated as follows:
  • £16,000 (minimum threshold) + (£29,000 x 2.5 years) = £88,500. This increase reflects the need to cover the duration of the 2.5-year visa.

In other words, to use cash savings as the sole means to meet the financial requirement, you must show evidence of at least £88,500 in savings. This is an increase from the previous savings requirement of £62,500.

Exemptions to the Financial Requirement

You may be exempt from the £29,000 the above financial requirement income threshold if your UK spouse receives certain state benefits, such as:

• Disability Living Allowance
• Personal Independence Payment
• Severe Disablement Allowance
• Industrial Injuries Disablement Benefit
• Attendance Allowance
• Armed Forces Independence Payment or related benefits
• Constant Attendance Allowance or War Disablement Pension under the War Pensions Scheme

In such cases, the Home Office will assess your spouse’s ability to provide adequate maintenance for you and any dependents. This involves demonstrating sufficient financial resources to meet essential living expenses without relying on public funds.

English Language Requirement

The UK is an English-speaking country, so you are required to meet certain English language requirements. This can be proved by: 

• Passing an Approved Test: Take a test at CEFR level A1 or higher for initial applications and A2 for extensions. Tests must be from a government-approved provider.
• Academic Qualifications: Hold a degree taught in English. If awarded outside the UK, it must be verified by Ecctis (formerly UK NARIC) to confirm it meets UK standards and was taught in English.
• Nationality: Be a citizen of a majority English-speaking country, such as the USA, Canada, Australia, or New Zealand.

You may be exempt from English language requirement if:

• You are over 65 years old.
• You have a physical or mental condition that prevents meeting the requirement.
• There are exceptional circumstances or barriers to meeting the requirement.

Failing to demonstrate your English ability or exemption can result in your visa being refused. To avoid issues, ensure you take your test at an approved centre, provide official documents, and double-check everything before submission. This is a crucial step for a successful application.

What If I Don’t Have the Exact Evidence? 

It is worth keeping in mind that the evidence examples listed above are not cast in stone. If you cannot provide the exact proof, comparable evidence may suffice. UKVI treats each visa application on a case-by-case basis and will process your support on its own merits.  Working with an immigration lawyer with extensive immigration rules experience is also helpful in analysing your situation and providing appropriate proof that ensures a smooth process. You can contact SLS Solicitors today for guidance on filing your Spouse Visa application with appropriate documentary evidence.

Step-by-Step Application Process 

UK Spouse Visa application process can be a daunting endeavour. However, understanding the steps involved can help you navigate it. Below art smoothly. Below are the stages the application process will undergo.

Step 1: Create an Online Account

The application starts on the UK government visa and immigration website. You need to choose the “Family visa” route, specifically for spouses or partners. Once you register, you can track your application and upload supporting documents through this portal.

Take your time setting up the account, as you’ll use it throughout the application process to monitor progress, book appointments, and communicate with the Home Office.

Step 2: Complete the Online Application Form

You’ll complete the online application form once your account is set up. This form requires details about:

• You (the applicant).
• Your partner (the British citizen or settled person).
• Your relationship history.
• Financial details to meet the income requirement.
• Accommodation arrangements in the UK.

Take care to fill out every section accurately. Errors or omissions can lead to delays or rejection. If you’re unsure about any part, consult an immigration advisor or review the guidance on the government website. Double-check all details before submitting.

Step 3: Pay the Application Fees

After completing the form, you’ll need to pay the required fees:

1. Visa Fee: The cost depends on whether you’re applying from outside or within the UK.
2. Immigration Health Surcharge (IHS): This fee allows you access to the UK’s National Health Service (NHS) during your stay. The amount is calculated based on the visa duration.

Keep all payment receipts as proof of your transaction. These will also serve as confirmation that your application has progressed to the next stage.

Step 4: Upload Supporting Documents

Once the fees are paid, you’ll upload your supporting documents to the government’s online portal. These documents are crucial for proving your eligibility and include:

• Your passport or travel document.
• Evidence of your relationship, like a marriage certificate, joint bank accounts, or communication records.
• Financial proof, such as payslips, bank statements, or savings.
• Accommodation details, like a rental agreement or letter from your landlord.

Ensure all documents are scanned clearly and legibly and saved in an acceptable format (PDF or JPEG). Submitting clear and complete documentation can ensure your application is processed on time.

Step 5: Schedule a Biometric Appointment

After submitting your documents, you’ll need to book a biometric appointment. All applicants are required to provide fingerprints and a photograph.

• Outside the UK: You’ll attend a visa application centre in your country of residence.
• Inside the UK: You’ll visit a UK Visa and Citizenship Application Services (UKVCAS) centre.

The appointment is not an interview. It’s strictly for collecting biometric details. Ensure you bring your passport and any appointment confirmations.

Step 6: Attend the Biometric Appointment

On the day of your appointment:

1. Arrive early to avoid any delays.
2. Bring all required documents, as stated in your appointment confirmation. This may include your passport and any additional forms.
3. Ensure your documents are organised and ready for submission if required.

The staff will take your fingerprints and photograph. Once completed, the Home Office begins processing your application.

Step 7: Wait for Your Decision

After attending your biometric appointment, you can then relax and wait to hear from the Home Office. Your application and supporting documents will be reviewed. Processing times depend on the service you choose.

Avoid making travel plans during this time, as you’ll need to provide your passport for processing. You’ll receive updates via email, so make sure your contact details are correct.

Step 8: Receiving Your Visa Decision

Once a decision is made, you’ll be notified via email or through the online portal. The process varies depending on where you applied from:

• Outside the UK: If the application is approved, you’ll receive a vignette (sticker) in your passport. This is valid for 90 days, within which you must travel to the UK. After arriving, you must collect your Biometric Residence Permit (BRP) from the post office you selected during the application process.
• Inside the UK: If approved, your BRP will be sent to your address by post.

If your application is denied, you’ll receive a refusal letter explaining the reasons. You can either reapply or appeal, depending on the circumstances.

Tips for a Smooth Application Process

• Start Early: Begin your application months before your planned move. This gives you time to gather documents and address any issues.
• Organise Documents: Keep everything in order. Label your files clearly and ensure all scans are high-quality.
• Double-Check Details: Review your application form for accuracy. Even small mistakes can cause delays.
• Meet All Requirements: Pay close attention to financial and accommodation rules. These are common reasons for refusal.
• Save Copies: Keep copies of all documents, receipts, and correspondence for your records.

What Happens If My Application Is Rejected?

If your application is refused, you can:

• Reapply after addressing the issues mentioned in the refusal letter.
• Appeal the decision if you believe it was incorrectly made.
• Seek advice from an immigration expert to explore your options.

How Much Does a UK Spouse Visa Cost?

The cost of a UK Spouse Visa depends on where you apply and the services you use. As of April 2024, the official fees are:

• Applying from outside the UK: £1,846.
• Applying from within the UK: £1,048.

For those extending their stay on a Spouse Visa within the UK, the cost is £1,258. This extension allows you to remain in the UK for an additional 2.5 years. These fees are set by the Home Office and must be paid online during your application process.

You must also pay the Immigration Health Surcharge (IHS). This fee ensures access to the NHS throughout your stay and costs £1,035 per year. For a typical Spouse Visa, which lasts 33 months, you’ll pay a total IHS fee of approximately £2,587.

When registering your biometric information, such as fingerprints and photos, there is an additional charge of £19.20. These biometrics are a mandatory part of the application process.

It’s important to note that visa application fees are non-refundable if your application is refused. However, the IHS fee is refundable if your application is denied or withdrawn.

UK Spouse Visa Document Checklist

To successfully apply for a UK Spouse Visa, ensure you gather the following documents. This document checklist will help you stay organised:

• Completed Application Form: Submit the appropriate visa application form (e.g., VAF4A).
• Valid Passport: Include your current passport with at least one blank page.
• Previous Passports: Provide copies of old passports, showing travel history and any visa stamps.
• Passport-Sized Photos: Two recent colour photographs that meet UKVI guidelines.

• Proof of English Language Proficiency:
  • English language test certificate (minimum level A1).
  • Proof of citizenship from an exempt English-speaking country.
  • Degree certificate taught or researched in English, recognised by UK NARIC.

• Proof of Financial Requirements:
  • Payslips or employment contracts.
  • Bank statements showing regular income.
  • Evidence of savings, pension, or self-employment income.

• Proof of Genuine Relationship:
  • Marriage or civil partnership certificate.
  • Photos together over time.
  • Shared tenancy agreements or property ownership documents.
  • Travel documents or holiday bookings together.
  • Chat logs, call records, or other communication history.

• Proof of Accommodation:
  • Tenancy agreement or property deed.
  • Letter from a landlord confirming accommodation arrangements.
  • Immigration housing report (if required).
• Criminal Record Certificate: Proof of no convictions or suitability requirements (if applicable).
• National Insurance Number: If available (for applicants in the UK).
• Parent Details: Parent’s date of birth and nationality (for applicants applying from outside the UK).
• Tuberculosis Test Results: If applicable, based on your country of residence.
• Biometric Information: Fingerprints and a photograph taken at your biometric appointment.
• Divorce Certificate: If either applicant has been previously married or in a civil partnership.
• Proof of Paid Visa Fees: Payment confirmation for visa application and Immigration Health Surcharge.

This comprehensive checklist ensures you are prepared to submit a complete application with all necessary documents. It is important to double-check each item to avoid delays or rejections.

UK Spouse Visa Processing Times

The processing time for a UK Spouse Visa depends on where you apply and the service level chosen. On average, applications take between 12 weeks (3 months) and 24 weeks. However, processing times can vary based on case complexity, accuracy of the application, and workload at the Home Office.

Standard Processing

• Outside the UK: Applications typically take up to 12 weeks from the date of biometrics submission.
• Inside the UK: Switching or extending a Spouse Visa can take up to 8 weeks.

Priority and Super Priority Services

• Priority Service: Available overseas and reduces the processing time to 5 working days.
• Super Priority Service: Only available in the UK. A decision is usually made within 24 hours, making it the fastest option.

Life After Approval: Living in the UK on a Spouse Visa

A UK Spouse Visa offers many opportunities to build a life with your partner in the UK. It provides freedom to live, work, and create a secure future together. Below is a typical example of what life is like after approval.

Work and Study Opportunities

One of the key benefits of a Spouse Visa is the ability to work or study without restrictions. Unlike many other visas, there are no limitations on the type of work you can do. You can take up employment in any sector, start your own business, or pursue further education. This flexibility allows you to advance your career, achieve financial independence, or gain new qualifications at UK institutions.

Access to Healthcare

Spouse Visa holders gain access to the National Health Service (NHS). This means you can receive medical care throughout your stay without needing additional insurance. The Immigration Health Surcharge you paid during the application ensures that you are covered for most healthcare services.

Pathway to Permanent Residency

The Spouse Visa is an important step towards permanent settlement in the UK. After five years of continuous residence under this visa, you can apply for Indefinite Leave to Remain (ILR). ILR allows you to stay in the UK indefinitely, with no time restrictions and is a critical milestone for those seeking British citizenship.

Family Life and Stability

A Spouse Visa ensures you can live with your partner in the UK, maintaining a stable family life. It supports emotional well-being by allowing families to stay together and enjoy the benefits of UK residency. You can build a future in the UK with the security of being together.

Travel Outside the UK

While there are no strict limits on time spent outside the UK on a Spouse Visa, your intention to live in the UK with your partner must remain clear. If you spend excessive time apart or overseas, the Home Office may question your commitment to living together in the UK.

It’s important to provide valid reasons for any long separations, such as caring for a sick relative or work commitments. You may need evidence, like medical records or official documents, to explain absences. Failure to demonstrate continuous cohabitation with your partner could impact future visa extensions or applications for ILR.

How SLS Solicitors Can Help

Navigating the UK Spouse Visa application process can be complex and emotionally taxing. From gathering extensive documentation to meeting financial and language requirements, every step demands accuracy and careful attention to detail. Securing the visa is not just about ticking boxes—it’s about proving your genuine commitment to building a life with your partner in the UK.

At SLS Solicitors, we understand how overwhelming meeting the eligibility requirements and completing the process can feel. Whether you’re unsure about meeting the financial thresholds, proving your relationship, or completing the application forms, our expert immigration solicitors are here to help. With years of experience in UK immigration law, we specialise in confidently and clearly guiding applicants through the demanding Spouse Visa process.

Our tailored, one-to-one legal advice and support ensures you provide the strongest possible application. 

From providing expert advice on required evidence to drafting supporting documents and addressing Home Office concerns, we’re with you at every step.

Don’t let the stress of the process stand in the way of your future. Contact SLS Solicitors today to book a consultation with our friendly and professional immigration team. We’ll ensure your application is as robust and thorough as possible, giving you the best chance of success.

Start your journey towards a secure and happy life in the UK with your partner—reach out to us now for trusted legal guidance. Visit our Spouse Visa services page or call us to speak with an immigration expert.