Partner Visa UK: How to Avoid Refusal

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Anne Morris

Employer Solutions Lawyer

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Key Takeaways

 
  • A UK partner visa is the family visa route that lets the non-UK partner of a British or settled person, or a person with certain other qualifying statuses, live in the UK.
  • Partner visa applications require extensive detailed evidence to prove eligibility.
  • Partner visas have to be extended and may lead to ILR after 5 years, provided the couple keep meeting the financial, relationship and suitability requirements at each application stage.
  • Partner visa applications involve significant Home Office fees and Immigration Health Surcharge payments.
  • The Home Office application fee will be lost if the application is refused and the refusal will stay on the immigration record.
  • For advice on your application, book a fixed-fee telephone consultation with one of our partner visa experts.
 
The UK partner visa allows couples, including married couples, civil partners and long-term unmarried partners, to live together in the UK, provided the strict eligibility and suitability criteria are met.

The partner route requires planning. The visa is initially granted for around 2.5 years, and then has to be extended with a new application. After 5 years on the partner route, the visa may lead to ILR. Every application stage is a fresh reassessment.

Partner visa refusals are usually due to weak evidence, regardless of the genuine nature of the relationship. Applications have to focus on proving the financial, relationship and suitability requirements.

In this guide, we set out the key evidence and process requirements for the partner visa, with tips on how to give your application the best chance of success. For advice on your application, book a fixed-fee telephone consultation with one of our partner visa experts.

SECTION GUIDE

 

Section A: What is the UK Partner Visa?

 

The partner visa is part of the wider UK family visa route and allows an eligible partner of a person in the UK to apply for permission to enter or stay here so the couple can live together long term. It is the main route for partners of British citizens, those with indefinite leave to remain or EU settled status and certain others with long-term status. The partner route usually leads to a 5-year pathway to settlement where the requirements are met at each stage.

The Immigration Rules use the term “partner” in a defined way rather than limiting the route to married couples. The definition covers spouses, civil partners and unmarried partners where the relationship meets the Rules’ durability test. The test focuses on whether the couple have been in a genuine relationship similar to marriage or a civil partnership for at least two years, rather than simply counting a fixed period of cohabitation.

Within Appendix FM, the partner route is distinct from other family categories such as the parent route or the private life route. Caseworkers are directed to consider applications under the partner provisions where the couple are in a genuine and subsisting relationship and the requirements are met, rather than redirecting the case to a different category with different criteria and timeframes.

 

1. What is the UK partner visa under Appendix FM?

 

The partner visa is the route that allows an eligible applicant to enter or remain in the UK on the basis of their relationship with a qualifying partner. The framework sits primarily in Appendix FM and related appendices that define the partner relationship and the evidential expectations for family life applications.

A successful application usually results in leave that forms part of a 5-year route to settlement. Entry clearance granted outside the UK is generally issued for around 33 months and leave granted inside the UK is usually for 30 months. Time spent on this route counts towards an application for indefinite leave to remain where the person continues to meet eligibility and suitability rules at each step.

There is also a 10-year partner route for cases where an applicant cannot meet every aspect of the standard requirements but removal would breach their rights to family life. Leave is granted in shorter periods with a longer route to settlement and closer monitoring of ongoing circumstances.

 

a. Partner categories covered by the route

 

For Appendix FM purposes, the term “partner” covers three main categories. The first is a spouse where the marriage is legally valid and recognised in the UK. The second is a civil partner where the civil partnership has legal recognition. The third is an unmarried partner where the couple have been in a durable relationship similar to marriage or a civil partnership for at least two years before applying.

The shift away from a strict cohabitation requirement towards a broader durability test allows for situations where work patterns, cultural factors or previous visa restrictions have prevented continuous living together. Evidence still needs to show a committed long-term relationship rather than a short or casual partnership. Cohabitation remains powerful evidence even though it is no longer the only route to demonstrating eligibility as an unmarried partner.

 

b. How partner visas differ from fiancé(e) and other family routes

 

The partner visa is different from the fiancé(e) or proposed civil partner route. A fiancé(e) route applies where the couple intend to marry or enter into a civil partnership in the UK within a set period. Applicants on that route are not allowed to work until they switch into the partner category after marrying or entering a civil partnership. The partner route applies when the couple are already married, in a civil partnership or in a durable unmarried relationship.

The partner route also differs from categories such as the parent route or private life route. Where a couple are in a genuine partner relationship and will meet the partner requirements, caseworkers are expected to assess the case under the partner provisions. The partner route generally offers a clearer and quicker route to settlement than other family or private life routes.

 

2. Who can sponsor a UK partner visa?

 

The person in the UK is the sponsor. They are the partner with a qualifying status on whom the application is based. To sponsor a partner application, the person in the UK normally needs to be a British or Irish citizen, someone present and settled with indefinite leave to remain, a person with settled or pre-settled status under the EU Settlement Scheme, or a person with refugee status or humanitarian protection. In some cases, certain Turkish worker or businessperson categories can also sponsor a partner.

Where the sponsor is returning to the UK with their partner from overseas, they need to show that the UK will be their main home and that they intend to settle here together if the application is approved. Evidence of plans to re-establish life in the UK, such as employment and accommodation arrangements, is typically needed.

Sponsors are also subject to suitability and character checks. Factors such as serious criminality, recent offending or immigration breaches can prevent a sponsor from supporting a partner application or result in refusal based on suitability even where the relationship meets the definition of a partner.

 

Sponsor residence and intention to live together

 

The Rules require that the couple intend to live together permanently in the UK if the application is successful. For an applicant overseas, this means the sponsor must already live in the UK or will return with the applicant within a reasonable period after the visa is granted. For applicants applying inside the UK, it means the couple intend to continue living together here in line with their immigration conditions.

Where the sponsor spends long periods outside the UK, the Home Office will assess whether the UK is still the centre of the couple’s family life. Evidence such as regular returns, ties to UK employment or property and arrangements for children’s schooling can help demonstrate that the UK remains the settled base.

 

3. Applying inside or outside the UK

 

Applicants can normally apply for a partner visa either from outside the UK as entry clearance or from inside the UK as leave to remain, provided they still hold valid permission and are not barred from switching by the Rules. The route chosen affects fees, processing arrangements and the length of leave granted.

Applications from outside the UK are made through the online family visa system and are followed by a biometrics appointment or an app process where available. Successful applicants travel to the UK using an entry clearance vignette and then receive digital status or a Biometric Residence Permit. Applications inside the UK are made on the FLR(M) form and, if granted, the person receives leave to remain that continues the 5-year or 10-year journey to settlement.

Not all applicants can switch into the partner route from any category. Visitors, overstayers and people with certain types of leave face restrictions and may need to apply from overseas unless there are strong human rights grounds that justify an in-country application. The partner route therefore interacts with wider switching and overstaying rules as well as the specific requirements of Appendix FM.

 

Length of leave and route to settlement

 

Where an applicant is granted the standard 5-year route, they normally complete two periods of limited leave, each lasting around 30 months, before applying for indefinite leave to remain as a partner. They need to show that they still meet the continuous residence, relationship, financial and English language requirements at the settlement stage and that they do not fall for refusal under suitability rules.

After obtaining indefinite leave to remain, many partners then look at eligibility for British citizenship. That requires meeting the nationality law tests on residence, absences and good character. The partner visa can therefore be the first stage in a longer progression towards permanent residence and citizenship in the UK.

 

 

 

DavidsonMorris Strategic Insight

 

The principle behind the partner visa is noble, to keep couples together and allow them to build their lives in the UK, but the application process has no sentiment about it. Prepare for an onerous, document-heavy process.

Planning is going to be crucial. Most couples will want to work towards the 5-year route to ILR, but this will only be possible if the timings are right and the applications at each stage are granted. Delays or refusals can disrupt that 5-year plan and potentially shift you onto a 10-year pathway.

 

 

 

 

 

Section B: UK Partner Visa Eligibility Requirements

 

Eligibility for a UK partner visa is built around several core requirements. The Home Office will look first at the genuineness and durability of the relationship, then at whether the couple meet the financial requirement, the English language rules, suitable accommodation and the wider suitability criteria such as criminality and immigration history. Each element has detailed rules and evidential expectations. A weak area can undermine an otherwise strong application, so planning tends to focus on addressing any vulnerabilities well before the form is submitted.

The Rules distinguish between the standard 5-year route and the 10-year route. Where the couple can show that all of the main eligibility requirements are met, the application will usually sit on the 5-year route to settlement. Where certain requirements cannot be met but removal would breach family life rights, limited leave can be granted on the 10-year route instead. Understanding which route applies in practice is important for how you position the application, the evidence you provide and how you plan future extension and settlement stages.

 

1. Relationship requirements

 

The relationship requirement is the foundation of any partner application. The couple need to show that they are in a genuine and subsisting relationship that meets the definition of a partner under the Rules. For spouses and civil partners, the marriage or civil partnership has to be legally valid and recognised in the UK. For unmarried partners, the couple need to show a durable relationship similar to marriage or a civil partnership that has usually existed for at least two years by the date of application. Evidence is expected to show a shared life, emotional commitment and ongoing intention to live together in the UK.

The Home Office will also look for evidence that any previous relationships have broken down permanently. Where either partner has been married or in a civil partnership before, decision makers expect to see divorce decrees or dissolution orders, or evidence that the previous spouse or civil partner has died. Inconsistent or incomplete treatment of previous relationships can raise questions about credibility and can feed into wider doubts about the genuineness of the current partnership.

 

a. Genuine and subsisting partnership

 

To show that a relationship is genuine and subsisting, most applications rely on a mix of documentary and narrative evidence. Joint tenancy agreements, joint bank statements, shared bills and official correspondence to the same address all help to show an established household. Where the couple have not been able to live together continuously, other records such as travel tickets, photographs, communication logs and money transfers can show ongoing commitment and regular contact. The focus is on a pattern over time rather than a few isolated documents.

Decision makers look for consistency between the application form, the supporting documents and the relationship evidence. Timelines of how and when the couple met, when they started living together and significant life events such as weddings or children should align across the form, statements and documents. Any gaps or unusual features, such as long periods apart, age differences or short periods between meeting and marriage, do not automatically lead to refusal but they do tend to trigger closer scrutiny, so they need to be explained clearly and backed by evidence.

 

b. Intention to live together in the UK

 

The couple also need to show that they intend to live together permanently in the UK after the grant of leave. For applications made overseas, that usually involves evidence that the sponsor either already lives here or has concrete plans to move back once the visa is granted. Accommodation arrangements, job offers or ongoing employment in the UK and plans for children’s schooling all help to show that the UK will be the family home. Where the sponsor has spent extended periods abroad, you should anticipate questions about where the centre of family life really sits and prepare evidence that supports the case that it is, or will be, in the UK.

For in-country applications, the focus is on continuity. The Home Office expects to see that the couple already live together in the UK or, if there has been a recent change of address or temporary separation, that there is a clear explanation and that the underlying intention to live together permanently has not changed. Landlord references, updated tenancy agreements and up-to-date council tax or utility bills can help to bridge the gap where recent moves might otherwise create uncertainty.

 

2. Financial requirement

 

The financial requirement is one of the most technical and high-risk aspects of a partner visa application. The Rules set a minimum income threshold that the couple need to meet, usually through the sponsor’s earnings, the applicant’s earnings where permitted, qualifying cash savings or a combination of these. The level of the threshold and the permitted combinations can change, so figures need to be checked against the Rules and guidance in force at the time of application. The Home Office applies strict evidential rules for each income category, so it is not enough for the couple to know they earn above the threshold; they need to evidence that income in the specific way the Rules require.

Income can come from salaried or non-salaried employment, self-employment, director’s income from a specified limited company, pensions or certain other permitted sources. Each source has a defined calculation method and mandatory evidence list, such as payslips, bank statements, tax returns and company accounts. Cash savings can in some cases make up all or part of the financial requirement, but only where they have been held for a specified period in acceptable accounts and after applying the relevant formula. Misunderstanding these technical points is a common reason for refusal even where the couple are, in reality, financially secure.

 

a. Whose income can count

 

For most partner applications, the starting point is the sponsor’s income. Where the sponsor is in the UK and has been working for the same employer for a certain period, the Rules allow their salary to be counted under specific categories that set out how far back you look at payslips and bank statements. In some scenarios, particularly in-country applications where the applicant already holds permission to work, the applicant’s income can also be taken into account. Joint income can provide useful flexibility but you still need to meet the documentary rules that apply to each person’s earnings.

There are special rules where the sponsor is returning to the UK from overseas. In those cases, projected income from a confirmed job in the UK can be relied on if the offer meets certain criteria, and overseas income can sometimes be combined for the purpose of showing a stable earnings history. These cases carry more moving parts and usually require careful matching of evidence to the specific category being used, such as employment, self-employment or company director income.

 

b. Exceptions to the financial requirement

 

There are limited exceptions to the standard financial requirement. Where the sponsor receives certain specified benefits connected with disability or caring responsibilities, a different test applies. In those cases, the couple need to show that they have adequate maintenance and accommodation without recourse to further public funds, rather than meeting the income threshold. Evidence shifts towards benefit letters, bank statements and a detailed picture of regular income and outgoings.

Outside the specified benefit route, the Home Office can in principle consider broader financial and practical circumstances under the wider family life provisions where strict compliance with the financial requirement is not possible. Those cases usually sit on the 10-year route and require a strong Article 8 argument that refusal would cause unjustifiably harsh consequences for the family. They are fact sensitive and involve higher litigation risk, so they need a clear strategy and detailed evidence rather than a brief request for discretion.

 

3. English language & accommodation requirements

 

Partner applicants usually need to show that they meet an English language requirement at the initial and later stages. For first-time applications, the level is relatively modest but it still needs to be met in a prescribed way unless an exemption applies. Accepted methods include passing an approved English language test at the required level with a recognised provider, holding a qualifying degree taught in English or being a national of a majority English-speaking country. Exemptions exist for age and certain medical conditions, but they require clear evidence and are interpreted narrowly.

For extension and settlement applications, the required English language level is higher and the Home Office will expect to see either a more advanced test or a qualifying qualification if the applicant did not already provide one that meets the higher level. Reusing test results is sometimes possible if they remain valid under the Rules, but assumptions are risky; you should check whether the particular certificate and test provider still appear on the Home Office’s approved list and whether the test meets the level now required at that stage.

 

a. Accommodation requirement

 

The couple also need to show that they will have adequate accommodation in the UK without overcrowding and without relying on public funds. Adequate here refers to the housing standards in the relevant overcrowding legislation, not to luxury or size beyond the minimum required for the household. Where the couple rent, tenancy agreements, landlord letters and evidence of rent payments are usually needed. Where they own, title documents, mortgage statements and utility bills are relevant. Where they will live with family or friends, detailed consent letters and evidence of the host’s right to occupy and ability to accommodate the household are expected.

Problems tend to arise where accommodation is informal, where there is a risk of overcrowding once the applicant arrives or where the documentary trail is thin. For example, cash-in-hand arrangements with no written tenancy can leave a gap in evidence. In high-risk scenarios, some applicants choose to obtain an independent housing report to support their case, especially where properties are shared with extended family and room allocation is not straightforward on paper.

 

4. Suitability & immigration history

 

Suitability requirements run alongside eligibility rules. Even where the relationship, financial, English language and accommodation requirements are met, an application can still be refused if certain suitability factors apply. These include serious or recent criminal convictions, behaviour that is considered not conducive to the public good, dishonesty in previous applications or unpaid NHS charges above a defined threshold. The Home Office also looks at whether a person has breached immigration laws through overstaying, illegal working or failing to comply with conditions, and different consequences follow depending on timing and the precise breach.

Not every negative factor leads automatically to refusal, but anything that suggests dishonesty or deliberate flouting of the rules tends to carry significant weight. Some issues can be mitigated, for example where there has been a short period of overstaying that falls within a limited concession, or where there is strong evidence of rehabilitation after older offences. Others, such as recent serious offending or sham marriage concerns, can block an application altogether and may require a longer-term approach before any future partner application is likely to succeed.

 

 

DavidsonMorris Strategic Insight

 

Applicants can often underestimate just how rigid the ‘specified evidence’ rules are and don’t realise the Home Office applies them mechanically. Miss out even one document and the whole application, and your long-term UK plans, are at serious risk.

Most couples’ day-to-day lives are not as straightforward as the rules demand, so work is going to be needed to get evidence in order in a way that aligns precisely with the requirements. Income fluctuations, multiple jobs or self-employment are all common scenarios now, but they still have to fit into the Home Office framework.

Returning British citizens should also brace for additional scrutiny; caseworkers will examine whether the UK is genuinely the couple’s intended permanent home, and vague or flimsy relocation plans are a common reason for refusal.

 

 

 

Section C: UK Partner Visa Supporting Documents

 

The quality and completeness of the evidence often determines the success of a partner visa application. The Home Office expects clear, consistent documentation that aligns with the information provided in the form and any relationship statements. Decision makers are trained to look for internal consistency, accurate dates, reliable sources and a coherent narrative across the file. Small errors, missing pages or documents that appear altered can slow down the assessment or lead to refusal. Preparing the evidence early and cross checking each document against the Rules is vital to avoid gaps that undermine the overall application.

The documentation needed varies depending on the couple’s circumstances, the income category being relied on and whether the application is made inside or outside the UK. Some items, such as passports and relationship evidence, feature in almost every case. Others, such as company accounts or tenancy agreements, are specific to the couple’s financial or living arrangements. Applicants should avoid overloading the file with large quantities of low-value material; instead, high-quality documents that directly address the requirements for the route tend to carry more weight.

 

1. Identity and status documents

 

Every application needs the applicant’s current passport or travel document. Where older passports contain relevant immigration history, they should also be included if available. A clear copy of the sponsor’s passport or national identity document is required to show their identity and qualifying status. Where the sponsor relies on indefinite leave to remain, pre-settled status or settled status, evidence of that status must also be provided. Digital evidence from government accounts is acceptable where the status is held electronically, but applicants should still include the reference numbers and screenshots so the decision maker can match the records quickly.

Where the sponsor holds refugee status, humanitarian protection or certain Turkish worker or businessperson rights, documents confirming that status are needed. If the sponsor is a returning British citizen or settled person who has been living abroad, evidence of previous residence in the UK may also help demonstrate their link to the UK for the purposes of the application. Keeping identity documentation consistent and up to date is vital; mismatched names, missing pages or outdated evidence can cause delay or raise unnecessary questions.

If children are applying at the same time, each child needs a full birth certificate showing both parents where possible, or evidence explaining why this is not available. Where one parent has sole responsibility or has legal permission for the child to relocate, court orders or written consent are needed. Evidence also needs to show that the child will be adequately supported and accommodated in the UK without relying on public funds. In cases where children from previous relationships are involved, decision makers look carefully at the arrangements and the involvement of the other parent, so the file needs to provide a clear and consistent picture.

 

2. Relationship evidence

 

Relationship evidence directly supports the requirement that the partnership is genuine, subsisting and meets the definition under the Rules. The most persuasive evidence usually includes documents that show the couple share a household or, where that has not been possible, that they maintain regular, meaningful contact. The Home Office expects evidence to cover the whole relevant period rather than a brief snapshot. A well-organised bundle that sets out the history of the relationship in clear chronological order makes the assessment easier and reduces the chance of misunderstanding.

For married or civil partnered couples, a marriage certificate or civil partnership certificate must be included. Where either partner has previously been married or in a civil partnership, divorce decrees, dissolution orders or death certificates are required to show that any previous relationship has ended. For unmarried partners, evidence of a durable relationship similar to marriage or a civil partnership is required, supported by at least two years of cohabitation or, where that has not been possible, substantial evidence of sustained commitment and regular contact.

Persuasive relationship evidence often includes joint tenancy agreements or mortgage statements, joint utility bills, joint bank statements and other official documents sent to both partners at the same address over a period of time. Where cohabitation has not been continuous, evidence such as flight bookings, passport stamps, hotel records, photographs taken over time, communication logs and money transfers can demonstrate ongoing contact and commitment.

Decision makers look for coherence across the file. If the timeline in the application form does not align with the dates in the relationship evidence, credibility concerns can arise. A short, well written summary of the relationship can help anchor the narrative and guide the caseworker through the evidence without acting as a substitute for the required documentation.

 

3. Financial documents

 

Financial evidence is one of the most technical parts of a partner visa application. The Rules require specific documents for each category of income, and decision makers apply these rules strictly. Missing documents, bank statements that do not cover the full period, payslips that do not match bank deposits or incomplete company accounts can all lead to refusal. Applicants should go through each income category carefully and ensure that every required document is included in the correct format.

For salaried income, mandatory evidence usually includes payslips for the relevant period, corresponding bank statements showing the salary deposits and a letter from the employer confirming details such as employment start date, salary, type of contract and whether the payslips are genuine. For self-employment, documents can include tax returns, HMRC tax calculations, business accounts and bank statements. Director income from a specified limited company requires the company’s accounts, corporate bank statements, dividend vouchers and payroll records.

Where the couple rely on cash savings, bank statements covering the entire required period must be provided. The statements need to show the funds held throughout the relevant months, that the money is held in accessible accounts and that the origin of any large deposits can be explained. Funds that come from loans or gifts intended to be repaid usually cannot count. Applicants should calculate the usable savings under the formula set out in the Rules and ensure that the figure is consistent across the form and evidence.

 

4. Accommodation evidence

 

Accommodation evidence needs to show that the couple will live in adequate housing without overcrowding and without relying on public funds. Tenancy agreements, letters from landlords, mortgage statements and title deeds are commonly used documents. Utility bills and council tax records help show occupation and the size of the accommodation. Where the couple will live with family or friends, the accommodation evidence needs to include written consent from the host, proof of the host’s right to occupy the property and evidence that the property is large enough for the household.

Where there is any doubt about the size or suitability of the property, some applicants choose to commission an independent housing report. Although not mandatory, such a report can help clarify the layout and confirm that the accommodation meets the relevant overcrowding standards.

 

5. Additional supporting documents

 

Additional documents may be necessary depending on the circumstances of the case. For example, where there are medical conditions relevant to an exemption from the English language requirement, medical evidence must be provided from a qualified professional. Where the applicant has lived in certain countries for prolonged periods, tuberculosis test certificates may be needed. Police certificates are sometimes required depending on the nature of the applicant’s previous residence in certain jurisdictions.

Applicants should ensure that translations are provided for any document not in English or Welsh. The translation needs to meet the Home Office’s requirements by confirming the translator’s qualifications and that the translation is an accurate representation of the original document. Poor translation quality or partial translations can raise doubts about the reliability of the evidence and delay the decision.

 

 

DavidsonMorris Strategic Insight

 

Relationship evidence is a common pain point. Inconsistencies between personal statements, addresses on documents or the timing of key events are red flags that can raise credibility issues for even the most genuine of relationships.

Unmarried partners are especially exposed if they assume cohabitation alone is enough. If you can’t evidence it, to the Home Office, it did not happen.
The Home Office will not usually request missing documents unless the caseworker chooses to, so relying on a “they will ask if they need more” mindset is extremely high risk.

 

 

 

Section D: How to Apply for a UK Partner Visa

 

Applying for a UK partner visa involves a structured process that requires careful preparation, accurate documentation and a full understanding of the procedural rules. The steps differ slightly depending on whether the application is made outside the UK for entry clearance or from inside the UK for leave to remain. Timelines, costs and methods for providing biometrics also vary. Throughout the process, the Home Office expects consistency across the form, evidence and declarations. Any gaps or errors can slow down the decision or result in refusal, so planning the sequence of steps is as important as preparing the underlying documents.

Most partner visa applications are made online. The applicant completes the relevant form, uploads evidence, pays the fees and either books a biometrics appointment or, where available, uses the app-based identity verification process. Decision makers rely heavily on what is provided at the point of submission, and correcting mistakes usually requires withdrawing the application and submitting again, with further fees. Understanding the timing and the practical requirements helps applicants avoid common pitfalls and ensure the application is complete on submission.

Applicants should avoid travel while an in-country application is pending. Leaving the UK before a decision is made is treated as withdrawing the application. This can cause problems with continuity of residence for the 5-year route and may delay the overall settlement pathway. Applicants therefore need to plan travel commitments around the application timeline and factor in possible delays in processing.

 

1. Applying from outside the UK (entry clearance)

 

Applicants outside the UK usually apply for entry clearance through the dedicated online family visa route. After completing the form, the applicant pays the application fee and the Immigration Health Surcharge for the full duration of the visa. The next step is to verify identity either by booking a biometrics appointment at a visa application centre or by using an app-based process where the country supports that option. The applicant must ensure the passport submitted matches the details in the form and that all supporting evidence is uploaded in the correct format.

Once the application is submitted, the Home Office begins assessing the evidence. Processing times vary by location and by the time of year. Priority services may be available in some countries at additional cost, although these do not guarantee a decision within a fixed number of days. When the application is approved, the applicant receives an entry clearance vignette valid for a short period to allow travel to the UK. After arrival, digital status is usually issued, or a Biometric Residence Permit is collected where the digital process is not yet available.

 

2. Applying from inside the UK (leave to remain)

 

Applicants already in the UK with valid immigration permission may be able to apply for leave to remain as a partner using the FLR(M) form. The application process involves completing the online form, uploading evidence and paying the relevant fee and the Immigration Health Surcharge. The applicant then either uses the digital identity verification app, where available, or books an appointment at a UKVCAS service point to enrol biometrics.

Applicants should ensure they remain within the rules on switching. Certain categories, such as visitors, generally cannot switch into the partner route from inside the UK unless there are strong human rights reasons. Overstaying should also be handled with care, as the length and circumstances of an overstay can affect the validity of the application and may trigger refusal on suitability grounds. Where switching is permitted, the applicant needs to ensure their existing leave is still valid on the date of application to avoid gaps in their immigration record.

 

3. Partner Visa application fees

 

Partner visa fees differ depending on whether the application is made outside or inside the UK. The application fee is paid at the point of submission along with the Immigration Health Surcharge, which is payable for the full duration of leave. Applicants should check the current fees at the time of applying as they are subject to regular updates.

 

4. Partner Visa processing time

 

Processing times vary. Overseas applications often take several months, although some applicants may be able to pay for priority services. In-country applications can also take several months depending on demand and whether the applicant chooses a standard or priority option. The Home Office does not guarantee processing times even with priority services, so applicants should avoid making fixed travel or work plans until a decision has been received.

After the form, fees and evidence are submitted, the Home Office will verify biometrics and review the documents. Decision makers look for completeness, clarity and consistency across the evidence. Where the application raises concerns or requires clarification, the Home Office may request further information, although this is discretionary and should not be relied on. Most decisions are made based solely on the submitted documents.

 

5. Switching categories

 

Not all categories permit switching into the partner route from inside the UK. Visitors and short-term stay categories generally cannot switch unless human rights grounds apply. Student visa holders, Skilled Workers and some other categories may switch provided they meet the partner requirements and apply before their existing leave expires. Applicants need to check whether any work restrictions will apply while the new application is pending.

 

 

 

DavidsonMorris Strategic Insight

 

Mistakes during the application process are going to be expensive. A typo on the form or uploading the wrong document can invalidate your entire application, and you would need to resubmit and pay the fees again.

Double check the switching rules and whether you are allowed to apply from within the UK on your current route, or if you have to leave the UK first and apply from overseas. It’s a basic but crucial point that can end an application before it’s even considered.

Also remember that if you are applying from within the UK, don’t ravel overseas during processing; leaving the UK automatically withdraws the application.

 

 

 

Section E: After Approval – Visa Conditions, Extensions & ILR

 

If the application is approved, the applicant will receive either a digital status confirmation or, where applicable, a Biometric Residence Permit. If refused, the decision letter will explain the reasons for refusal and whether the applicant has a right of appeal or administrative review. Where an appeal is available, the applicant must act within the deadlines set out in the refusal notice.

Once a partner visa is granted, the focus shifts from securing the initial approval to managing the conditions of stay, planning for the next extension and preparing for settlement. The grant of leave comes with specific conditions on work, study and access to public funds, together with expectations about how the relationship and residence in the UK will be maintained. Decisions taken in this period, including travel patterns, employment choices and how quickly issues are addressed if the relationship changes, can all affect later extension and indefinite leave to remain applications.

A standard partner visa granted under the 5-year route usually runs for around 30 months at a time, with entry clearance including a short extra period to allow for travel. Before each grant expires, the applicant needs to apply for further leave or settlement, depending on how long they have been in the route. The Home Office will reassess the relationship, financial, English language and accommodation requirements as well as suitability each time, so the way the couple manage their affairs after the initial grant directly influences the strength of the next application.

 

1. Visa conditions after grant

 

Partner visa holders are usually granted broad permission to work and study in the UK. In most cases there are no restrictions on the type of work or number of hours, which means the holder can take employment, be self-employed or run a business, subject to any separate professional or regulatory requirements. Study is also permitted, although certain courses may trigger separate requirements such as ATAS clearance, which sit outside the family route but still need to be observed.

The key limitation on a partner visa is access to public funds. In almost all cases, the grant of leave will include a condition that the holder is not entitled to claim public funds as defined in the Immigration Rules. Breaching the public funds condition can cause serious problems at extension or settlement and can lead to enforcement action. There is a process for applying to have the condition lifted where the couple face genuine destitution or risks such as domestic abuse, but that process involves separate evidence and is not automatic.

 

a. Work, study and travel

 

In practice, many partners rely on their right to work to contribute to the household income, which can be important for meeting the financial requirement at extension or settlement. Changes in employment, such as moving from salaried to self-employment, can have significant evidential consequences, so it is sensible to factor immigration rules into career decisions where possible. The freedom to study can also be helpful where professional retraining or upskilling is part of the couple’s long-term plan for life in the UK.

Travel outside the UK is permitted, but long or frequent absences can raise questions at extension or ILR about whether the couple are genuinely living together in the UK as their main home. Short holidays, work trips and family visits overseas are normal. However, extended stays abroad, especially if the couple spend more time outside the UK than inside, can cause decision makers to query whether the partner route remains the appropriate basis for residence. Keeping a clear record of travel and reasons for longer absences can help manage these issues later on.

 

b. Reporting changes and maintaining records

 

Partner visa holders are expected to keep their immigration records up to date. Changes such as a new home address, a new passport or a change in contact details should be reported through the appropriate Home Office channels. Where digital status has been granted, account details need to be kept secure and contact information current because the Home Office uses those details for status updates and checks.

Couples should also maintain a sensible level of ongoing documentation that shows the relationship and life in the UK are continuing. Waiting until just before an extension or ILR application to collect evidence can leave gaps that are hard to fill, especially for periods several years in the past. Keeping organised records of housing, finances and household bills as you go along will make later applications much easier to support.

 

2. Extending a UK partner visa

 

Before the first period of partner leave expires, most applicants on the 5-year route need to apply for further leave to remain as a partner. The extension application largely revisits the same areas as the initial application. The couple need to show that the relationship remains genuine and subsisting, that they still intend to live together permanently in the UK, that they meet the financial and accommodation requirements and that the applicant meets the English language requirement at the level set for extensions.

The extension is usually granted for a further period of around 30 months. Time spent on the initial grant and the extension together should give the 5 years needed for ILR, provided there are no significant breaks or switches out of the route. Where the couple cannot meet the full eligibility requirements at extension but removal would breach their family life rights, the Home Office can grant further leave on the 10-year route instead, which carries different timelines for settlement and may require a strategic decision about whether to switch route later.

 

a. Timing and continuity of leave

 

Applications for extension should be made before the current leave expires. If the application is submitted in time and is valid, section 3C of the Immigration Act 1971 can extend the existing leave while the new application is decided. That protection is valuable for work and residence continuity, so the timing of submission needs to be planned carefully. Leaving the application too late risks accidental overstaying if something goes wrong with payment, biometrics or validity.

Applicants should also consider how the timing of the extension interacts with the 5-year ILR threshold. Applying significantly early can mean that the total time on the route is slightly longer than 5 years before ILR is available, which may have cost implications because of the Immigration Health Surcharge. Applying very close to expiry can increase the stress if the system is busy or appointments are scarce. A balanced approach that leaves time to deal with unexpected issues is usually safer.

 

b. Meeting the requirements again at extension

 

At extension, the Home Office will not simply assume that the requirements continue to be met. The couple need to show updated evidence of cohabitation or, where they do not live together for part of the time, a clear explanation and supporting documents that show the relationship is still genuine and subsisting. Financial evidence needs to be refreshed and aligned with the current minimum income threshold and the income category being relied on. Any changes in employment, self-employment or company structure need to be reflected in the chosen category and evidence.

The English language requirement may change between the initial grant and the extension, so applicants should check whether a fresh test or a different qualification is now required. Where the applicant relied on an exemption at the first stage, they may need to show that the exemption still applies. Suitability is also reassessed, so any new criminal convictions, civil penalties or immigration breaches since the last grant will be scrutinised and can affect the outcome.

 

3. Indefinite leave to remain as a partner

 

After completing the required period on the partner route, many applicants become eligible to apply for indefinite leave to remain. On the standard 5-year route, that usually means two consecutive grants of limited leave as a partner, amounting to at least 60 months in total, with no significant breaks in residence or switches that reset the clock. On the 10-year route, four grants of 30 months are usually required. Time on the 10-year route does not usually count towards the 5-year route, although a switch from the 10-year route to the 5-year route is possible once the full eligibility requirements can be met.

An ILR application as a partner revisits many of the same areas as previous applications but with a higher bar in some respects. The applicant needs to show that the relationship remains genuine and subsisting, that the couple have lived together in the UK or have good reasons for any departures from that pattern and that the financial, accommodation and suitability requirements continue to be met. There is also a higher English language requirement and the need to pass the Life in the UK Test, subject to exemptions for age or serious medical conditions.

 

a. ILR on the 5-year and 10-year partner routes

 

On the 5-year partner route, decision makers expect to see a continuous history of residence as a partner in the UK with only brief, explained absences. There is no strict day-count rule in the same form as some work routes, but long periods overseas can still raise questions about whether the UK remains the main home. The evidence of cohabitation, finances and family life needs to cover the full period since the last grant in a coherent way.

On the 10-year route, the focus is on whether the person meets the family life rules as adapted for that route and has accrued the full 10 years of qualifying residence. In some cases, partners on the 10-year route may instead consider applying for long residence ILR under the separate 10-year continuous lawful residence provisions if their time in the UK includes a mixture of different categories. Choosing the right route to settlement is often a strategic decision that depends on the strength of the relationship evidence, financial position and wider immigration history.

 

b. Relationship breakdown, bereavement & domestic abuse

 

If the relationship breaks down before ILR is granted, the partner route cannot usually continue. The Home Office expects to be notified when the relationship ends, and curtailment of leave is likely. However, there are specific routes for partners who experience domestic abuse and for bereaved partners where the sponsoring partner has died. In those circumstances, the person may still be able to obtain settlement without needing to remain in a subsisting relationship.

Where the relationship ends but no domestic abuse or bereavement route applies, the applicant needs to consider other options, such as switching into a work or study route if eligible, or leaving the UK. Remaining in the UK without valid leave risks enforcement action and will damage the prospects of any future application, including under different categories. Early, realistic assessment of options at the point of a relationship breakdown can limit longer term immigration damage.

 

4. British citizenship after ILR

 

Once indefinite leave to remain has been held for the required period, many partners will be able to consider applying for British citizenship, usually by naturalisation. The relevant period is often 12 months after ILR is granted, although where the partner is married to a British citizen, it may be possible to apply as soon as ILR is obtained, provided the statutory residence and absence limits are met. Good character, ongoing intention to make the UK the main home and, where relevant, continued use of English and knowledge of life in the UK are all assessed at the nationality stage.

Planning for citizenship should start before the ILR application, particularly in relation to travel patterns and any issues that could affect the good character assessment, such as unpaid tax, civil penalties or minor criminal matters. Managing those issues early reduces the risk of a later surprise refusal at the nationality stage after years of careful compliance on the partner route.

 

 

DavidsonMorris Strategic Insight

 

If you have long-term aspirations to stay in the UK on the basis of your relationship, the initial partner visa will just be the start of your Home Office journey. So once your visa is granted, don’t be tempted to relax and forget your plans.

The extension and any subsequent ILR applications will be treated as new, fresh applications, so you have to start the whole persuasion exercise again. There’s no goodwill for having already previously been granted a visa; you have to show you continue to be eligible and have spent the time in the UK on the visa in full compliance and without issue. Save your evidence as you go and build your visa extension application file over time, because those 2.5 years quickly come around.

 

 

 

Section F: Summary

 

The partner visa route under Appendix FM provides a structured pathway for couples who want to build their lives together in the UK, but the requirements at each stage are detailed and consistently applied. Every application is assessed on the strength of the evidence presented, the clarity of the couple’s circumstances and the consistency of their immigration and relationship history. Meeting the financial requirement, evidencing a genuine relationship and maintaining compliance between each grant of leave are the factors that most often determine whether the route proceeds smoothly or becomes more complicated. Planning ahead, keeping records organised and addressing issues early make the difference between a straightforward extension and a challenging ILR application. Many couples find that a methodical approach across the entire 5-year route helps them stay on track for settlement without last-minute pressures or gaps that are difficult to correct later.

 

Section G: Need Assistance?

 

For tailored guidance on your partner visa application, extensions or settlement planning, book a fixed fee telephone consultation with our specialist advisers. We can review your circumstances, identify any risks and help you prepare a strong, well evidenced application.

 

Section H: FAQs

 

How long does a UK partner visa take to process?

Processing times vary throughout the year and by location. Overseas applications often take several months, while in-country applications can also take significant time depending on demand. Priority services may be available, although they do not guarantee a fixed decision timeframe.

 

Can I work in the UK on a partner visa?

Most partner visa holders have full permission to work in the UK without restrictions on the type of work or hours, which can help meet the financial requirement at extension and settlement.

 

Do we need to live together before applying?

Cohabitation is strong evidence for a partner application, especially for unmarried partners, but it is not always mandatory. Applicants who have not lived together need robust evidence of a durable, committed relationship.

 

What happens if our financial circumstances change before extension?

The Home Office reassesses the financial requirement at each stage, so updated income or savings evidence is required. Changes in employment type or structure may need a different evidential approach. Early planning helps avoid gaps at extension.

 

Can I travel while an in-country partner visa application is pending?

Leaving the UK before a decision is made is treated as withdrawing the application. Applicants should avoid travel until they receive confirmation that their new leave has been granted.

 

Does time on another visa count towards the 5-year partner route?

Time spent on other categories does not usually count towards the 5-year partner settlement requirement. Only time granted as a partner under the 5-year route counts.

 

What if our relationship ends before ILR?

If the relationship ends, the partner route normally cannot continue. There are separate provisions for domestic abuse or bereavement. Otherwise, the person may need to switch into another route if eligible or leave the UK.

 

Do partner visa holders have access to public funds?

Partner visa holders are usually subject to a no recourse to public funds condition. Breaching this condition can cause problems at future stages unless a formal request is made to lift it due to destitution or other qualifying circumstances.

 

Is the Life in the UK Test required?

The Life in the UK Test is not required for the initial or extension partner applications but is required for ILR unless an exemption applies.

 

Can we switch from the 10-year route to the 5-year route later?

Switching is possible once the full eligibility requirements for the 5-year route can be met. The time already spent on the 10-year route does not transfer to the 5-year route, so settlement timelines will change.

 

Section I: Glossary

 

TermDefinition
Appendix FMThe section of the Immigration Rules that governs family visas, including partners, parents and children.
FLR(M)The online form used for in-country applications for leave to remain as a partner or dependent child of a partner.
Entry clearancePermission granted overseas to enter the UK in a specific visa category.
Indefinite leave to remain (ILR)Permission to stay in the UK permanently without a time limit.
No recourse to public fundsA visa condition that restricts access to most welfare benefits and certain housing support.
Durable relationshipA long-term committed partnership similar to marriage or civil partnership, usually evidenced over at least two years.
Section 3C leaveAutomatic extension of leave while an in-time application to extend or switch remains pending.
Specified evidenceDocuments that must be provided in the exact format required by the Immigration Rules, especially for financial requirements.
Immigration Health Surcharge (IHS)A compulsory payment made with visa applications that gives access to the NHS on the same basis as UK residents.
Suitability requirementsRules assessing factors such as criminality, dishonesty or immigration breaches that may lead to refusal.

 

 

Section J: Additional Resources & Links

 

 

ResourceDescriptionLink
Family visas: apply, extend or switchGovernment guidance on partner, spouse and dependent visa applications.https://www.gov.uk/uk-family-visa
Appendix FM: Family MembersThe Immigration Rules covering partner, parent and child routes.https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members
Appendix FM-SE: Specified EvidenceRules for financial documentation and other required evidence.https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence
Family Policy: Partner route guidanceHome Office decision-making guidance for partner visa cases.https://www.gov.uk/government/collections/immigration-directorate-instructions
Financial requirement guidance (Appendix FM 1.7)Detailed Home Office guidance on the Minimum Income Requirement.https://www.gov.uk/government/publications/family-migration-financial-requirement
English language for family visasGovernment guidance on meeting the English language requirement.https://www.gov.uk/english-language/family
Secure English Language Tests (SELT)List of approved English test providers used for partner visas.https://www.gov.uk/guidance/prove-your-english-language-abilities-with-a-secure-english-language-test-selt
Life in the UK TestOfficial information for the test required at ILR and naturalisation.https://www.gov.uk/life-in-the-uk-test

 

About our Expert

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Anne Morris

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
Picture of Anne Morris

Anne Morris

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

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The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.