UK Spouse Visa Eligibility
- Fernanda Stefani
- Apr 10
- 4 min read
An overview of the requirements for UK Spouse visa applications by Omayemi
Mac-Jaja, Senior Immigration Solicitor.
For a UK spouse visa under the family visa/partner route, the applicant must satisfy requirements relating to the sponsor’s status, the relationship, finances, English language, accommodation, suitability, and application formalities. The governing framework is principally Appendix FM and associated guidance. The specific rules that generally deal with spouse visas can be found at paragraphs EC-P.1.1. to D-LTRP.1.3.
A useful preliminary distinction is that a Spouse visa is different from a Dependant Partner visa for the spouse of a Skilled Worker or other work route migrant. If your partner is in the UK on a work route rather than British or someone with Indefinite Leave to Remain (ILR), the application will usually fall under a different part of the Immigration Rules.
Requirements for your British or Settled Partner (Indefinite Leave to Remain holder)
The partner with the right to be in the UK must belong to one of the categories permitted under the partner route. In broad terms, that partner must be 18 or over and be:
a British or Irish citizen;
settled in the UK (for example, holding indefinite leave to remain or settled status);
in certain cases, a person with pre-settled status who began living in the UK before 1 January 2021;
a person with protection status (refugee or humanitarian protection); or
within certain narrower legacy/stateless categories recognised by the Rules and guidance.
Both partners must also intend to live together permanently in the UK after the application has been approved.
Relationship requirement
Both partners must both be aged 18 or over
For a spouse visa, the applicant must be able to show that:
the marriage is legally valid and recognised in the UK
the parties have met in person
and
the relationship is genuine and subsisting
The Home Office will ordinarily expect documentary evidence showing a real ongoing marital relationship.
If the application is as an unmarried partner rather than spouse, the current position is that the couple must have been in a relationship akin to marriage or civil partnership for at least 2 years, but 2 years’ cohabitation is no longer an absolute requirement if there is adequate evidence explaining why the parties could not live together and proving an ongoing committed relationship.
Financial requirement
The applicant must meet the financial requirement. The current threshold is generally £29,000 per year.
In broad terms
for an entry clearance spouse visa application, it is usually the UK sponsor’s income that must meet the threshold;
for some in-country applications, relevant income of the couple may be taken into account depending on the category relied upon.
The requirement can be met through one or more permitted sources, including:
salaried or non-salaried employment income
self-employment income
pension income
non-employment income such as rent, dividends or investment income
cash savings or
a permitted combination of income and savings.
Where relying on cash savings alone, the commonly cited figure is £88,500 if there is no qualifying income, calculated by taking the shortfall against the financial threshold, multiplying it by 2.5, and adding £16,000.
Transitional arrangements apply to applicants who entered the route before the increase in April 2024.
English language requirement
Applicants are usually required to demonstrate a good knowledge of English.
For an initial spouse visa application, this is generally satisfied by:
passing an approved English language test at CEFR level A1 in speaking and listening;
being a national of a majority English-speaking country; or
holding an approved degree qualification taught in English and accepted as equivalent;
with exemptions available in some cases, for example on age, disability, or exceptional circumstances.
Accommodation requirement
An applicant must be able to demonstrate that adequate accommodation will be available to couple as well as any children in the UK, without recourse to public funds.
In practice, the accommodation should be:
available for their occupation;
not overcrowded;
lawfully occupied and
Documents must also be provided which meet the Home Office requirements.
Suitability and immigration history
The applicant must not fall for refusal under the suitability provisions and general grounds in the Immigration Rules. Problems may arise, where any of the following apply:
serious criminality
deception or false documents (including in previous applications)
sham marriage concerns;
unpaid NHS debt at the relevant threshold;
adverse immigration history; and
failing to attending biometric appointments or complying with requests for additional information or documents.
It is important to state that a person unlawfully in the UK cannot usually apply under this route, although limited exceptions may apply, for example where paragraph 39E of the Immigration Rules allow for a limited period of overstaying to be disregarded.
Valid application requirements and process
A valid application generally requires:
completion of the correct online application form
payment of the application fee
payment of the Immigration Health Surcharge
submission of a valid passport or other identity document
enrolment of biometrics
and
submission of supporting evidence.
If the applicant is applying from abroad, they will have to apply for entry clearance (a spouse visa) from outside the UK. If applying within the UK, the application must be made online and is required to be in a category from which switching is permitted.
Where the applicant is from a country to which tuberculosis screening applies, a valid TB certificate must be obtained and supplied.
Duration of leave and settlement
If a spouse visa is submitted from outside the UK, it is generally granted for 2 years and 9 months. Where the application was made from within the UK, it is generally granted for 2 years and 6 months.
Conclusion
This article is intended as a general overview of the requirements for a spouse visa application. It is not a substitute for proper legal advice from a qualified solicitor or an adviser regulated by the Immigration Advice Authority (IAA).
Immigration rules are subject to frequent changes, so applicants are strongly advised to seek professional guidance before submitting their applications.
Contact Omayemi Mac-Jaja today to see how we can help you.
Omayemi@stefanisolicitors.com or 07861 298426
References:
Immigration Rules – Appendix FM
Family Policy - Family life (as a partner or parent) and exceptional circumstances
[Version 27.0]
Tuberculosis tests for visa applicants
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