Comprehensive Guide to the Spouse Visa UK Process

If you’re married to a British citizen or a person with UK-settled status, you do not automatically acquire immigration rights or lawful status in the UK.

You will instead have to apply to the UK Home Office for permission to come to the UK to live with your spouse. As part of the application, you need to provide extensive evidence that you meet the Spouse visa requirements.

So while you will want to start the next chapter in your family life quickly and with minimal disruption and expense, you should prepare for the Spouse visa UK application process to be demanding.

The Home Office also continues to take a tough stance when determining spouse visa applications, so it is important to ensure you follow the correct process and that your submission is comprehensive in evidencing your eligibility.

In this guide, we detail the spouse visa requirements and the process you need to follow to make your application.

 

Section A: What is a Spouse Visa UK?

 

In the UK, the Spouse visa is part of the Family visa category, allowing non-UK residents to come to the UK to live with their British citizen or UK-settled spouse or partner.

With a Spouse visa, you can work or study in the UK. There are no restrictions on the type of work you’re allowed to do (unlike most work visas).

The Spouse visa also provides a path to UK settlement; after five years in the UK with a Spouse visa, you can become eligible to apply for indefinite leave to remain.

 

1. Key Benefits of Obtaining a Spouse Visa

 

Securing a spouse visa offers several advantages for those looking to establish a life together in the UK:

 

a. Work and Study Opportunities

Holders of a spouse visa have the right to work in the UK without restrictions, providing greater financial stability and career growth opportunities. Additionally, they can pursue further education at UK institutions.

 

b. Pathway to Settlement

The spouse visa is an essential first step towards permanent residence. After five years of continuous residence, holders may apply for indefinite leave to remain (ILR), which eventually paves the way to British citizenship.

 

c. Healthcare Access

Spouse visa holders have access to the National Health Service (NHS), ensuring healthcare is available throughout their stay.

 

d. Family Life Continuity

This visa ensures that families can stay together, fostering emotional well-being and supporting stronger family units.

 

2. How long does the Spouse Visa last?

 

If you are applying as a fiancé(e) or proposed civil partner, you will only be permitted to come to the UK for a period of 6 months to enable you to get married. You will subsequently need to apply for a Spouse Visa on the basis of your recent marriage or civil partnership.

If you’re applying from outside the UK and your application for a Spouse Visa – and entry clearance – is successful, your visa will initially be granted for a period of 33 months.

If you are already in the UK and are applying for leave to remain as a spouse, then you will be granted leave as a spouse for 30 months.

You can apply to extend your spouse visa for a further two and a half years, to take your total stay as a spouse to five years (60 months). With five years under the spouse visa, you then become eligible to apply for indefinite leave to remain. With ILR, you will no longer be subject to immigration restrictions.

You can also make your application for British citizenship as soon as you are granted ILR, provided you meet the eligibility criteria to naturalise.

 

Section B: Eligibility Requirements for a UK Spouse Visa

 

Applying for a spouse visa under the UK Family visa route requires meeting specific criteria that ensure applicants and their UK-based partners are well-positioned for life in the UK. These eligibility requirements are designed to demonstrate the genuineness of the relationship, financial stability, and the ability of applicants to integrate into British society.

As such, to apply for a Spouse visa, applicants and their partners must meet the following criteria:

 

Table: Spouse Visa Requirements

Eligibility Requirement	Description	Examples of Documentation
Legal Relationship	Must be legally married or in a civil partnership.	Marriage certificate or civil partnership registration.
Financial Requirement	Minimum income of £18,600 per year or sufficient savings.	Payslips, bank statements, employment contracts.
Genuine Relationship Evidence	Proof that the relationship is genuine and ongoing.	Joint bills, photographs, communication records.
Accommodation	Adequate housing must be available for the couple.	Tenancy agreement or property deeds.
English Language Proficiency	Must meet the English language requirement.	English test certificate or proof of education in English.

 

1. Your Partner

 

To apply for a Spouse visa in the UK, you must either be the partner of a British citizen or, alternatively, the partner of someone with indefinite leave to remain or settled status or the partner of an individual in the UK with a Turkish Businessperson visa or Turkish Worker visa or refugee status or humanitarian protection.

 

2. Qualifying Relationship

 

Your relationship must fall into one of the following categories:

 

a. You are in a civil partnership or marriage that is legally recognised in the UK

b. You and your fiancé(e) or proposed civil partner will marry or enter into a civil partnership in the UK within 6 months of arriving

c. You have been living together in a relationship for at least 2 years prior to the date of submitting your application.

 

However, the definition of partner is relatively wide in that it not only includes a spouse or civil partner, it also covers the fiancé(e) or proposed civil partner of a British citizen or someone with settled status in the UK.

That said, where you and your partner are engaged to be married, or plan to enter into a civil partnership, you must prove that you will marry or enter into a civil partnership within 6 months of arriving in the UK.

If you are not married, nor indeed planning to get married or enter into a civil partnership, in other words, you are applying as an unmarried partner or common-law spouse, you must have been living in a relationship akin to a marriage or civil partnership for at least 2 years.

 

3. Financial Requirements

 

Under the financial Spouse Visa requirements, you will need to show that you and your partner can support each other and any dependent children you have without recourse to public funds.

The minimum income threshold is currently set at £29,000 per annum, but this may increase in 2025.

To meet the relevant threshold, there are several different sources of income that can be relied on, including income from employment or self-employment, non-work income such as from property rentals, cash savings greater than £16,000, and maternity pay and/or pensions. If the income requirement cannot be met through earnings alone, savings can be used to bridge the gap. The required savings are calculated as £16,000 plus 2.5 times the shortfall in the income threshold.

Further, in the event that your partner is in receipt of a specified benefit or allowance in the UK, you will be exempt from meeting the financial requirement in the form of the minimum income threshold. Rather, you will need to provide evidence of adequate maintenance and accommodation instead.

You need to meet the minimum financial threshold to become eligible for indefinite leave to remain after five years. Otherwise, if you don’t meet this requirement, you may be able to settle on the ten-year route.

 

4. Genuine Relationship Requirement

 

In practice, one of the more challenging criteria to prove is that you and your partner are in a ‘genuine and subsisting’ relationship.

Home Office guidance requires you to show that you have met your partner face to face at least once during your marriage.

If you are not married, you can apply as a partner by showing that you have been in a relationship for at least two years.

As part of your application, you will need to gather and submit extensive evidence to prove that you and your partner are committed and spend time together.

In cases where you are not yet living with your spouse, or if you have been apart for an extended period of time, you should be particularly thorough and extensive in proving your relationship is ongoing and genuine.

Supporting evidence typically includes details of any joint bank accounts, financial commitments or memberships; photographs and videos of you together from over the course of your relationship; details of holidays taken together; proof of cohabitation such as a mortgage statement or tenancy agreement and utility bills; and proof of communications between you both such as telephone records for any time spent apart; letters of support from family and friends.

 

5. Accommodation Requirement

 

Spouse visa holders are expected to live with their partner permanently. This means the partner must be able to show they can offer and fund adequate accommodation for their spouse and any dependent children, without needing to claim benefits or state support.

Adequate accommodation could be in the form of owned, mortgaged or rented property.

The size and type of accommodation should be suitable for the number of people in the family. For each child you have that is over one year of age, you must have an additional bedroom.

 

6. English Language Requirement

 

Save except where you are a national of a majority English-speaking country, to qualify for a Spouse visa, you will need to provide evidence of having an academic qualification that was taught in English and is recognised as being equivalent to a UK bachelor’s degree, masters degree or PhD, or that you have passed an approved English language test.

However, you will be exempt from meeting the English language requirement in the following circumstances:

 

a. You are aged 65 or over

b. You have a physical or mental disability that prevents you from meeting this requirement

c. There are exceptional circumstances that prevent you from being able to meet the requirement prior to entry to the UK.

 

7. Age Requirement

 

Both partners must be over 18 years old.

 

8. UK-Based Sponsor Requirements

 

The UK-based sponsor (i.e. partner) plays a pivotal role in the application process, and they must meet several criteria to support their partner’s visa application.

The sponsor must be either a British citizen, hold indefinite leave to remain (ILR), or have settled or pre-settled status in the UK. The sponsor is responsible for meeting the financial requirement and must provide evidence such as pay slips, bank statements, and employment contracts.

The sponsor must also contribute to providing the relationship evidence, ensuring that the application includes clear and consistent documentation.

 

Section C: Application Process Overview

 

Applying for a UK spouse visa can seem complex, with several steps and detailed requirements to meet. However, understanding the full application process helps applicants prepare for each stage, collect essential documents, and avoid common errors that could delay approval.

 

1. Switching into the Spouse Route

 

Most applicants will apply for the spouse visa from overseas, but it may be possible to apply to switch into the Spouse route if you are already in the UK under certain types of visa.

You will not be able to switch into the spouse visa if you are in the UK under a visitor visa or if your leave has been granted for less than 6 months – except for fiance visa holders who are granted leave of up to 6 months and during this time are allowed to switch to the spouse visa.

This means if you already hold a UK fiancé visa, work visa, or student visa valid for more than six months, you may be eligible to switch to a spouse visa in the UK.

 

2. Step-by-Step Breakdown of the Spouse Visa Application

 

The UK government’s official visa and immigration website is the primary portal for submitting your Spouse visa application. Applicants must create an account, complete the application form, and track the progress of their application through this portal. The portal also allows applicants to upload necessary documentation digitally.

 

Step 1: Create an Online Account

Begin the application by creating an account on the official UK government visa and immigration portal. Select the option for applying under the family visa route for spouses and partners.

 

Step 2: Complete the Application Form

Fill in the online application form with detailed information about the applicant and the UK-based sponsor. Ensure that all fields are completed accurately to prevent delays or rejections.

 

Step 3: Pay the Application Fee and Immigration Health Surcharge (IHS)

Pay the applicable visa fee and the Immigration Health Surcharge, which grants access to the UK’s National Health Service (NHS). Keep confirmation receipts for your records as proof of payment.

 

Step 4: Schedule a Biometric Appointment

You will be instructed on how and where to make an appointment to submit your biometric information when you apply. This could be at a visa application centre if applying from outside the UK or a UK Visa and Citizenship Application Services (UKVCAS) service point when applying to switch or extend.

Ensure you attend the appointment with all necessary documents as instructed.

 

Step 5: Upload Required Documents

Submit scanned copies of all required documentation to the online portal – ensuring documents are clear and in a supported format (e.g., PDF or JPEG) – or bring them to your biometric appointment, depending on the chosen process.

 

Step 6: Attend the Appointment

Bring all original documents to your biometric appointment if required and ensure they are organised according to the application checklist. Confirm that your application form, supporting documents, and any supplementary forms are included.

 

Step 7: Wait for Processing

After submitting your application and attending your biometric appointment, the processing period begins. The portal will be updated as your application progresses, and you may be sent email updates about the status of your application, so ensure your contact details are correct and up-to-date.

 

Table: Application Process Steps

Step	Action	Estimated Timeframe
Create Online Account	Set up an account on the UKVI portal.	1 day
Complete Application Form	Fill out the spouse visa application form.	1-2 days
Pay Fees	Pay application fee and Immigration Health Surcharge.	1 day
Schedule Biometric Appointment	Book an appointment for biometrics.	1-3 weeks (availability dependent)
Submit Supporting Documents	Upload or bring required documents to the appointment.	Concurrently with application
Await Decision	Processing time for the application.	2-12 weeks (varies)

 

3. Supporting Documents

 

Along with the application form, you will also have to compile and submit supporting documents to prove your eligibility.

If you are applying as a spouse or civil partner of a UK citizen or someone settled in the UK, in addition to a valid passport, you will need to provide documentary evidence of your marriage or civil partnership. As previously indicated, this must be a marriage or union that is legally recognised under UK law.

Alternatively, if you are applying as an unmarried partner or common law spouse, you must provide evidence that you and your UK partner have lived with each other for at least 2 years prior to applying. This will need to include documents like a joint bank account, joint tenancy agreement or joint mortgage.

In either case, whether you are applying as a married or unmarried partner, you must provide evidence that your relationship is ‘genuine and subsisting’, in other words, that supports the sincerity of your relationship. This can include evidence of communication between you and your partner as a couple, such as texts or emails, as well as photographs of the two of you together and travel documents to prove any visits to one another.

If either you or your UK partner has been married or in a civil partnership in the past, you will also need to provide evidence of the permanent breakdown of the previous relationship, such as a divorce or dissolution order.

Finally, you will need documentation to support both the financial and English language requirements. This should include at least 6 months worth of pay slips for both you and/or your partner or evidence of self-employed earnings, a letter from your respective employers outlining your role and job security, as well as evidence of any savings and/or benefits upon which you rely.

For the English requirement, you will need either a certificate of your academic qualification or a passing the necessary English language test.

 

Table: Supporting Documentation

Document Type	Description
Personal Identification	Passports and photographs of both partners.
Proof of Relationship	Marriage certificate, joint bills, photos.
Financial Evidence	Payslips, bank statements, employment letters.
Accommodation Proof	Tenancy agreement or property ownership documents.
English Language Evidence	Certificate from an approved English language test.

 

A successful application hinges on the accuracy and completeness of your documentation. Tips for applicants include:

 

a. Double-check Personal Information: Ensure all names, dates of birth, and other personal details are consistent across documents.

 

b. Organise Documents Logically: Arrange documents in the order listed on the application checklist to make the review process smoother for the caseworker.

 

c. Verify Translations: Any documents not in English must be accompanied by certified translations. Double-check that translations are accurate and complete.

 

d. Stay Updated: Keep an eye on any changes in the visa requirements or processing updates through the official UK government website or legal advisory services.

 

4. Spouse Visa Interview Questions

 

An interview may be required as part of the UK spouse visa application process, though it’s not mandatory for all applicants. If the Home Office has questions about the application, such as concerns over the genuineness of the relationship or inconsistencies in the documentation, they may request an interview.

There is no single set of standard questions that you could be asked during your spouse visa interview. However, you should prepare well to answer questions about your relationship, your history together and your future plans as a couple.

Examples could include:

 

a. How did you meet your spouse?

b. When did you meet your spouse?

c. Have you met your spouse’s friends and family?

d. How much does your spouse earn a year?

e. Where do you plan to live?

 

5. Spouse Visa Processing Times

 

Standard processing times for spouse visa applications submitted from abroad typically range from 12 to 24 weeks. This duration can vary depending on the applicant’s country of residence and the volume of applications being processed.

For those applying to switch to or extend a spouse visa from within the UK, the standard processing time is approximately 8 weeks. However, if the applicant does not meet certain requirements, such as the financial or English language criteria, the processing time may extend to about 12 months.

 

Table: Spouse Visa Processing Times

Application Location	Standard Processing Time	Priority Processing Time
Outside the UK	12-24 weeks	5 working days
Inside the UK	8 weeks	10 working days

 

If eligible, you can choose the priority service for an additional £500, receiving a decision within 5 working days. For family visa applications outside the UK (for a partner, spouse, parent, child, or adult dependent), it usually takes up to 30 working days. The time begins either from the day of your in-person appointment or the day after you upload documents via the ‘UK Immigration: ID Check’ app. Delays may occur if the Home Office needs further information.

If eligible, the super-priority service costs £1,000 in addition to the application fee. Decisions are typically given by the next working day if documents are submitted on a weekday or within 2 working days if uploaded on weekends or bank holidays. However, processing may take longer if additional checks are needed, and you will be notified if this is the case.

 

6. Breakdown of Spouse Visa Fees

 

Table: Fee Structure

Fee Type	Cost
Standard Application Fee (Outside UK)	£1,846
Standard Application Fee (Inside UK)	£1,258
Immigration Health Surcharge (IHS)	£1,035 per year
Biometric Enrolment Fee	£19.20
Priority Service Fee (Optional)	£500
Super Priority Service Fee (Optional)	£1,000

 

The standard application fee for a spouse visa varies depending on where you are applying from. If you are applying from outside the UK, the fee is £1,846. For those applying from within the UK, the fee is £1,258.

There are also other costs to consider. The Immigration Health Surcharge (IHS), which grants access to the UK’s National Health Service (NHS), is £1,035 per year. A biometric enrolment fee of £19.20 may also be required to capture your fingerprints and photograph.

 

Section D: How Employers Can Support their Employees with a Spouse Visa

 

In today’s global business environment, many companies rely on international talent to strengthen their workforce and drive innovation. When relocating employees to the UK, efforts to support a smooth transition should also take account of the employee’s family. One way to facilitate this is by supporting employees through the spouse visa application process.

 

1. Support for Families

 

Businesses can play a valuable role in helping their employees through the spouse visa process by:

 

a. Providing Guidance on Application Steps: HR departments can offer resources or workshops that outline the spouse visa application process, including necessary documents, timelines, and common pitfalls.

 

b. Connecting with Immigration Experts: Collaborating with immigration consultants or legal experts to offer personalised assistance can greatly simplify the application for employees.

 

c. Financial Assistance: Some companies choose to cover or contribute to the costs of the visa application, such as the application fee, the Immigration Health Surcharge (IHS), or biometric enrolment fees.

 

d. Flexible Work Arrangements: Supporting employees with flexible work options during the visa process helps them manage their time for appointments and documentation collection.

 

e. Internal Support Systems: Establishing an internal network of employees who have undergone similar processes to provide shared experiences and tips.

 

2. Benefits of Providing Visa Assistance as Part of a Relocation Package

 

Including spouse visa assistance as part of an employee relocation package has numerous advantages:

 

a. Employee Retention and Satisfaction: Supporting employees through significant personal and logistical processes fosters loyalty and reduces turnover. Employees who feel valued and supported are more likely to stay with the company longer.

 

b. Productivity Enhancement: Stress from visa complexities can distract employees. Providing assistance alleviates this burden, allowing employees to focus on their work.

 

c. Attracting Top Talent: Demonstrating a commitment to supporting employees’ family needs makes a company more appealing to international talent. This commitment shows prospective employees that their family’s well-being is also prioritised.

 

d. Cultural Integration: Companies that support their employees’ families contribute to quicker adaptation and integration, which can positively impact the work environment and team dynamics.

 

3. Best Practices for HR

 

HR departments should follow best practices and legal requirements when assisting employees with spouse visas:

 

a. Stay Informed on Immigration Rules: HR professionals must keep updated on UK immigration policies, as these can change and affect eligibility, application procedures, and processing times.

 

b. Data Privacy and Confidentiality: Ensure that any personal data collected or processed as part of visa assistance complies with GDPR (General Data Protection Regulation) and other relevant data protection laws.

 

c. Provide Clear Documentation Requirements: HR should assist employees by clarifying what documentation is needed and ensuring employees have access to templates or examples for certain forms, such as financial evidence or proof of accommodation.

 

d. Facilitate Employer Letters: Companies can provide official employer letters that confirm an employee’s job details, salary, and terms of employment. This letter can be an essential part of the visa application to support financial eligibility.

 

e. Offer Referral Resources: If direct support isn’t possible, HR departments should be ready to provide employees with recommended contacts for certified immigration advisers or solicitors.

 

f. Internal Policies for Support: Develop and communicate clear policies on what assistance the company provides for spouse visa applications. This transparency helps employees understand their available resources and avoid confusion.

 

Section E: Supporting Your Partner with their Visa Application

 

Applying for a spouse visa under the UK Family Visa route can be a complex and meticulous process. Many individuals experience stress and uncertainty when applying for their partner, but with proper preparation and awareness of potential pitfalls, the process can be more manageable.

 

1. Tips for Ensuring a Successful Application

 

Follow these tips to reduce the risk of issues or delays:

 

a. Prepare Comprehensive Documentation

Collect all necessary documents ahead of time, including marriage or partnership certificates, financial evidence, and proof of cohabitation or communication. Ensure documents are in the correct format and provide translations for any non-English documents with certified translations.

 

b. Meet Financial and Accommodation Requirements

Verify that the UK-based partner meets the minimum financial threshold (currently £29,000 annually). Provide evidence such as payslips, bank statements, and employment contracts. Double-check that these documents align with the specified time frame (e.g., six months of financial records).

Submit proof of adequate accommodation that meets UK housing standards, such as tenancy agreements or property ownership documents.

 

c. Showcase a Genuine and Substantial Relationship

Include evidence that demonstrates the authenticity of your relationship. This can include travel itineraries, shared bills, photographs from important events, and consistent communication records (emails, chats, etc.). Present this evidence in an organised manner with a clear narrative that connects key events and time periods.

 

d. Ensure English Language Proficiency

Confirm that the applicant meets the English language requirement through an approved test or equivalent qualifications. Check the list of approved English tests and centres to avoid issues with non-recognised test results.

 

2. Common Mistakes to Avoid During the Process

 

The following are common mistakes to avoid when making a Spouse visa application:

 

Table: Common Mistakes to Avoid

Mistake	Description	Tip to Avoid
Incomplete Applications	Missing forms or documentation.	Use a checklist before submission.
Incorrect Information	Errors on application forms.	Double-check all information.
Not Meeting Financial Requirements	Failing to prove financial stability.	Gather comprehensive financial evidence.
Ignoring Deadlines	Submitting applications too late.	Mark important deadlines on your calendar.

 

a. Inaccurate or Incomplete Forms

Avoid submitting forms with errors or missing information. Double-check every detail, from names and dates to addresses and financial figures. Ensure that all supporting documents match the information provided on the application form.

 

b. Insufficient or Unclear Documentation

Do not assume that basic documents alone will suffice. Provide clear, detailed evidence that leaves no room for doubt. Avoid submitting documents that are difficult to read or incomplete. For example, bank statements should show the account holder’s name, address, and all transactions within the relevant period.

 

c. Ignoring Deadlines and Processing Times

Many applicants fail to consider the processing time for the application. Plan for at least 12 weeks for standard processing when applying from outside the UK. Submit applications well in advance of any planned travel or personal commitments to account for potential delays.

 

d. Overlooking the Immigration Health Surcharge (IHS)

Ensure you pay the IHS as part of the application to gain access to the UK’s National Health Service (NHS). Failing to pay the surcharge or providing proof of payment can lead to processing delays.

 

Section F: UK Spouse Visa Application Successful

 

If your application is approved, you will be granted 33 months (entry clearance) or 30 months (leave to remain).

Once your UK spouse visa application is approved, your visa will be issued as an electronic visa, or “eVisa.” Instead of a physical visa, the eVisa is stored digitally and linked to your passport. This streamlined approach allows you to manage your visa details securely online.

To view and manage your eVisa, you’ll need to log in to your UK Visas and Immigration (UKVI) account, which was set up when you applied. Through your UKVI account, you can:

 

a. View Visa Details: Check your visa status, duration, and conditions directly.

b. Access Visa Confirmation: Download or print a copy of your visa confirmation to have on hand if required for travel or official purposes.

c. Update Information: Notify UKVI of any changes to your details, such as passport updates, if needed in the future.

 

Your UKVI account is the main portal for managing your visa. Ensure you keep your login information safe, as it will be essential for accessing or updating your visa information.

When you travel to the UK, you won’t need a physical visa, as your passport is linked to your eVisa, allowing border officers to verify your visa electronically. However, you may wish to print off a screenshot of your eVisa to carry with you when you travel.

 

Section G: Spouse Visa Refused?

 

Unfortunately, it is not uncommon for UKVI to refuse an application for a Spouse visa. This is often due to a lack of documentation, not least where UKVI is not satisfied that the applicant and their UK partner have a “genuine and subsisting” relationship based on the documentary evidence submitted in support.

In the event that you are refused a Spouse Visa, you may have options.

 

1. Common Reasons for Potential Refusal

 

Spouse visa applications can be refused for several reasons, often tied to specific eligibility and evidential requirements. Common reasons for refusal include:

 

Table: Common Reasons for Refusal

Reason for Refusal	Explanation	Potential Solutions
Financial Requirements Not Met	Sponsor did not meet minimum income threshold.	Provide additional financial documentation or evidence of savings.
Insufficient Relationship Evidence	Lack of proof showing a genuine relationship.	Submit more comprehensive evidence of cohabitation and communication.
Documentation Issues	Missing or unclear documents.	Double-check and ensure all documents are clear, complete, and correctly formatted.
Errors on Application Form	Incorrect information provided in the application.	Carefully review and correct any mistakes before resubmitting.

 

a. Financial Requirement Not Met

If the UK-based sponsor fails to prove the minimum annual income threshold (£29,000) or sufficient savings, the application may be rejected. Incomplete or inconsistent financial documentation can also lead to refusal.

 

b. Insufficient Relationship Evidence

Applications that fail to convincingly demonstrate a genuine and subsisting relationship may be refused. This could be due to inadequate evidence, such as missing communication records or photos, or inconsistencies in the provided narrative.

 

c. Documentation Issues

Submitting documents that are unclear, not properly certified, or not translated (if in a foreign language) can result in a refusal. Failing to provide necessary documents, such as proof of accommodation or English language test results, can also lead to rejection.

 

d. Errors on the Application Form

Mistakes or discrepancies in the application form, such as incorrect names or dates, can trigger suspicion and lead to refusal.

 

e. Credibility Concerns

If the Home Office suspects that the applicant is not providing accurate or truthful information, this can lead to an unfavourable decision.

 

2. Steps to Take for Appealing a Denied Application

 

Step 1: Review the Refusal Letter

Carefully read the refusal letter, which outlines the specific reasons for the decision. This document is essential for understanding what went wrong and how to address it in an appeal.

 

Step 2: Determine Eligibility for Appeal

Not all refusal cases are eligible for an appeal.

If you have the legal right to appeal, the decision letter will state this. Typically, applicants have the right to appeal if the decision breaches their human rights (e.g., the right to family life).

In this case, you will have 28 days to appeal after you get your decision to appeal to the first-tier tribunal. It will cost you £80 to appeal without a hearing, although you are entitled to attend an oral hearing at a cost of £140.

If you cannot appeal, you may have alternative options, such as Administrative Review or making a new application, depending on the circumstances.

In either case, it is always best to seek specialist legal advice from an expert in immigration law in advance of any hearing or appeal decision. These types of cases can be complex, with much at stake, so you will need to know exactly where you stand legally and what the best course of action is to take.

 

Section H: Spouse Visa Extension and Settlement Pathways

 

The Spouse visa extension process and eventual settlement pathway ensure that individuals and their partners can continue their lives together without disruption. However, the visa holder must continue to be eligible under the spouse visa rules, and they must follow the required process to extend their lawful status.

 

Table: Timeline for Spouse Visa Extension and ILR

Stage	Action	Timeframe
Apply for Extension	Submit extension application before current visa expiry.	Up to 8 weeks processing time.
Meet Residency Requirement	Hold spouse visa for 5 continuous years.	5 years
Apply for ILR	Submit ILR application, including documents and tests.	Up to 6 months processing time.

 

1. How to Extend a Spouse Visa in the UK

You can apply to extend your stay under a Spouse Visa, although you must do so prior to the expiry of your existing leave. You must also prove that you have been living together with your UK partner since your initial visa application and that you intend to continue to do so after you apply to extend your visa.

You may be eligible to switch into the Spouse Visa category if you came to the UK under a different type of visa and you have been granted leave other than as a visitor for a period of more than 6 months.

In the event that you have been granted a visa for less than 6 months, typically, you will need to leave the UK and apply for entry clearance as a spouse or civil partner. If you are applying from outside the UK, you should apply in the country where you are ordinarily resident.

When applying for an extension of your spouse visa, you should do so before your current visa expires, ideally within 28 days of the expiry date. Applying too early or after the visa has expired could result in complications or even legal challenges.

To be eligible for an extension, you must meet the same criteria as for the initial spouse visa, including financial and accommodation requirements. Additionally, you must continue to provide evidence of a genuine, ongoing relationship, such as joint bills, tenancy agreements, and other proof of cohabitation. You are also required to meet the English language proficiency requirement at A2 level or higher.

The application process involves completing the online form on the Home Office portal, paying the application fee, and covering the Immigration Health Surcharge (IHS) for the extension period. You will also need to schedule and attend a biometric appointment to submit your fingerprints and photograph. Supporting documents, such as updated financial statements, proof of accommodation, and relationship evidence, should be uploaded during the process.

The standard processing time for a spouse visa extension is typically up to 8 weeks. Priority services are available for an additional fee, offering faster processing times.

 

2. Spouse visa to ILR

Having lived continuously in the UK for a period of 5 years as a Spouse visa holder, you may be eligible to apply for indefinite leave to remain (ILR). This means that you can settle in the UK on a permanent basis, free from immigration restrictions. Most individuals who have a Spouse Visa UK are on the 5-year route to settlement.

Please note you cannot count any permission to stay in the UK as a fiancé(e) or proposed civil partner.

When applying for ILR, you will usually also need to satisfy the KoLL requirement, namely your “knowledge of the English language and about life in the UK”. This means you must be able to demonstrate a commitment to respect the UK’s laws, values and traditions, whereby the ability to communicate in English and have knowledge of UK life forms an integral part of this commitment.

Unless you are exempt by reason of age or otherwise, you can satisfy the KoLL requirement by proving your knowledge of English and passing a ‘Life in the UK’ test at an approved test centre.

Supporting documentation for ILR should include the same types of evidence required for the spouse visa extension but should cover the entire five-year period, showing stability in the relationship and financial status. Include the results of the Life in the UK Test and any relevant English language test certificates or exemptions.

Standard processing for an ILR application may take up to six months, though priority services are available for faster processing for an additional fee.

 

Section I: Summary

 

A UK Spouse visa, officially part of the UK Family visa route, allows the spouse or partner of a British citizen or someone with UK-settled status to live and work in the UK. It is designed to keep families together, enabling couples to build their lives in the UK without prolonged separation.

To qualify, applicants must demonstrate that their relationship is genuine and ongoing, meet financial requirements and fulfil English language proficiency standards.

The sponsoring partner must earn a minimum annual income of £29,000 or show sufficient savings. Both partners must also provide substantial evidence, such as marriage certificates, photographs, joint bills, and communication logs, to prove the authenticity of their relationship.

Applications are submitted online, and biometric data is collected as part of the process. Standard processing times can range from 8 weeks to several months, depending on whether the application is made within or outside the UK. Priority services are available for faster decisions at an extra cost.

Successfully obtaining a spouse visa grants the right to live, work, and study in the UK. After five years, visa holders may be eligible to apply for indefinite leave to remain (ILR), offering a path to permanent residency and eventually British citizenship.

 

Section J: Need Assistance?

 

Given what is at stake for you and your family, the UK spouse visa application process requires careful handling. We are on hand to guide you through every step.

At DavidsonMorris we have the experience to advise you on the most appropriate category of visa for your circumstances and have the insight to make the process as smooth as possible.

As a team of immigration lawyers and former Home Office employees, we have an established reputation for effective and efficient management and processing of visa applications, and for providing expert visa-related advice.

We also understand the stresses involved with moving across the world and take great pride in playing a supportive role to ease the pressure.
DavidsonMorris are experienced UK immigration specialists offering guidance and support to individuals in relation to UK immigration status and Home Office applications.

We can advise on the eligibility criteria you will need to evidence a UK Spouse visa and the process you will need to follow for your application. We can also help where you have dependants applying with you or where you are looking to extend your visa. For specialist UK immigration advice, contact us.

 

Section K: FAQs

 

What is a spouse visa, and how does it differ from a family visa?
A spouse visa, applied for under the UK Family Visa route, allows a non-UK resident to live with their British or settled partner in the UK. It is commonly referred to as a spouse visa, although technically it falls under the broader category of family visas.

 

Can I work in the UK on a spouse visa?
Yes, holders of a spouse visa have the right to work and study in the UK without any restrictions, which can greatly enhance financial stability for your family.

 

How long is a spouse visa valid, and can it be extended?
The initial spouse visa is usually granted for 30 months (2.5 years). Before it expires, you can apply for an extension, which typically lasts another 30 months.

 

What are the financial requirements for a spouse visa?
The UK-based partner must meet a minimum annual income of £29,000 to sponsor a spouse. This amount increases if there are dependent children included in the application. Alternatively, savings can be used to meet the financial threshold.

 

Do I need to take an English language test to apply for a spouse visa?
Yes, most applicants are required to demonstrate English proficiency by passing an approved test at A1 level or higher. There are exemptions for citizens of certain English-speaking countries or those with a degree taught in English.

 

Can I include my children in my spouse visa application?
Yes, dependent children can be included in your application, but you must meet higher financial requirements to support them. Each additional child increases the income threshold.

 

What should I do if my spouse visa application is refused?
If your application is refused, you may have the right to appeal the decision or request an administrative review. It is essential to carefully review the refusal letter to understand the reasons and gather additional evidence if needed.

 

What is indefinite leave to remain (ILR), and how can I apply for it?
Indefinite leave to remain (ILR) grants the right to live in the UK permanently. After five years on a spouse visa, you may be eligible to apply for ILR, provided you meet all the requirements, including passing the Life in the UK Test.

 

How long does it take to process a spouse visa application?
Processing times vary. Applications from outside the UK typically take 12 to 24 weeks, while those submitted within the UK can take up to 8 weeks. Priority services are available for faster processing.

 

Can I travel outside the UK on a spouse visa?
Yes, you can travel outside the UK with a spouse visa. However, be mindful that extended absences might affect your eligibility for indefinite leave to remain (ILR).

 

Is the Immigration Health Surcharge mandatory?
Yes, paying the Immigration Health Surcharge (IHS) is mandatory for most visa applicants. This fee allows access to the UK’s National Health Service (NHS) during your stay.

 

What evidence do I need to prove my relationship is genuine?
You will need to provide substantial evidence, such as joint bank statements, utility bills, communication records, photos together, and travel history to show a genuine and ongoing relationship.

 

Section L: Glossary

 

Term	Definition
Spouse Visa	A visa that allows the spouse or partner of a British citizen or someone with settled status to live in the UK.
Family Visa	A visa route that includes visas for spouses, partners, children, and other close family members of UK residents.
Indefinite Leave to Remain (ILR)	Permanent residency status that allows an individual to live in the UK without time restrictions.
Financial Requirement	The minimum income threshold the UK-based sponsor must meet to support their spouse (currently £18,600 annually).
Genuine Relationship Evidence	Proof provided to demonstrate that the relationship between the applicant and sponsor is authentic and ongoing.
Biometric Appointment	An appointment where applicants provide biometric information, including fingerprints and a photograph, for identity verification.
Immigration Health Surcharge (IHS)	A fee that grants access to the UK’s National Health Service (NHS) for the duration of the visa.
Priority Service	An expedited visa processing option that provides a faster decision for an additional fee.
Super Priority Service	An even faster processing option that typically offers a decision by the next working day for an extra charge.
Life in the UK Test	An exam that assesses applicants’ knowledge of British culture, history, and traditions, required for ILR.
English Language Requirement	A requirement for applicants to demonstrate proficiency in English, typically through an approved language test.
Sponsor	The British citizen or person with settled status in the UK who supports the spouse visa application financially and legally.
Dependants	Family members, such as children, who can be included in a visa application, subject to additional financial requirements.
Immigration Rules: Appendix FM	A section of UK immigration rules that outlines requirements for family members, including spouses and partners.
UK Visas and Immigration (UKVI)	The government department responsible for managing visa applications and immigration services in the UK.
Accommodation Requirement	Proof that the couple has suitable housing arrangements that meet UK living standards for spouse visa eligibility.
Application Fee	The fee charged for processing a visa application, varying based on visa type and service options.

 

Section M: Additional Resources

 

UK Visas and Immigration (UKVI)
https://www.gov.uk/government/organisations/uk-visas-and-immigration
The official government body responsible for visa applications and immigration services in the UK.

 

Family visas: apply, extend or switch
https://www.gov.uk/uk-family-visa
Comprehensive guidance on applying for a family visa, including eligibility criteria and application procedures.

 

Appendix FM: family members
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members
Detailed immigration rules pertaining to family members, including partners and spouses.

 

Life in the UK Test
https://www.gov.uk/life-in-the-uk-test
Information on the test required for indefinite leave to remain and British citizenship applications.

 

English Language Requirements
https://www.gov.uk/english-language
Details on the English language proficiency requirements for visa applicants.