Spouse Visa Solicitors

Who can apply for a UK spouse visa?

As a foreign national, you can apply for a UK partner and spouse visa as long as your partner is based in the UK:

• Is a British or Irish citizen (either by birth or naturalisation)
• Has settled in the UK and has Indefinite Leave to Remain (ILR), permanent residence, or EU Settled Status
• Has refugee status or humanitarian protection in the UK
• Has a Turkish Businessperson visa or Turkish Worker visa

You must also intend on living together in the UK after you move here and will need to provide evidence of your genuine and subsisting relationship.

UK spouse visa eligibility 2024

You must meet a set of eligibility requirements for a successful UK spousal visa application. You will have to prove:

• You are in a genuine and eligible relationship – you will need to give evidence to support that your relationship is genuine
• Your and your partner’s combined gross annual income is at least £29,000* (followed by gradual increases to £38,700) – you can do this by using any payslips or evidence of savings you have
• You have suitable accommodation in the UK – if you’re renting a property, you will need to obtain written permission from your landlord that you are both permitted to live on the property

• Your partner meets the English language requirement – they can prove this by doing an English language test accepted by the Home Office or if they have a university degree taught in English or they’re a citizen of a country where English is the main language

*If you applied for a spouse visa before 11 April 2024, you must only meet the previous £18,600 income threshold.

Genuine relationship requirement

To qualify for a UK spouse visa, you must be in a civil partnership or marriage legally recognised in the UK. Unmarried partners and fiancées can also apply for the same type of visa, and have to have been living together in a relationship for at least 2 years or

plan to get married or enter into a civil partnership in the UK within 6 months of arriving in the UK. Find out more about unmarried partner and fiancée visas on our immigration solicitors page.

UK Visas and Immigration will need assurance you are in a genuine and subsisting relationship. They are especially alert to the potential for “sham” marriages or relationships, whereby applicants falsely state they are in an eligible relationship when they are not.

If you are unsure whether you meet the requirements for a genuine relationship, get in touch with one of our immigration lawyers who will be able to confirm this for you.

Spouse visa financial requirements

The spouse visa application requires the applicant and the UK-based partner must have a minimum gross annual income of £29,000 or at least £88,500 available in cash savings. The latest update from the Home Office policy paper states that the UK spouse visa minimum income requirement is set to increase initially to £34,500, eventually reaching £38,700.

There is no longer an additional income requirement if you add your children to the spouse visa application.

Only the sources of income listed below will be considered:

• Income from employment or self-employment
• Pension of the applicant and/or partner
• Maternity allowances or bereavement benefits received by the partner in the UK
• Any other income and/or savings specified by the applicant and/or partner

There are exemptions from meeting the financial requirement where the sponsor is receiving income from any of the following:

• Disability living allowance
• Severe disablement allowance
• Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
• Mobility Supplement, Constant Attendance Allowance, or War Disablement Pension under the War Pensions Scheme
• Police Injury Pension
• Industrial injury disablement benefit
• Attendance allowance
• Carers’ allowance

In cases where the above applies, sponsors will not need to show they earn £18,600 (or more), however, the applicant will still need to prove they have enough funds and adequate accommodation secured while having no recourse to public funds. Contact our team today if you’re unsure of the best course of action.

English language requirement

As a spouse visa applicant, you must have sufficient knowledge of the English language. This can be achieved in 3 ways:

1. You will meet the English language requirements if you pass a Common European Framework of Reference for Languages (CEFR) English test from an approved testing centre. This must be at least level A1 in speaking and writing. If you wish to extend your stay in the UK at a later date, you will need to be able to pass at least a CEFR level A2 to show continuing improvement in line with the time that you have been in the country.
2. You will also meet the English language requirements if you have a degree or other academic qualification which was taught in English.
3. You are exempt from the English language requirements if:
   • You are over 65 years of age
   • You have a physical or mental condition that prevents you from meeting the requirement
   • You come from any of the following countries: Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, USA

Accommodation requirements

UK spousal visa applicants must show they have suitable accommodation in the UK and that it adheres to the following requirements:

• Is owned or occupied exclusively by the applicant and their family members
• Has sufficient living space
• Meets any public health requirements

Understanding the nuances of these criteria can be complicated. Get in touch and we will be able to support you through the process.

Immigration Health Surcharge

Another cost applicants must consider is the Immigration Health Surcharge (IHS) which, in February 2024, was increased to £1,035.00 for each year of the visa.

BRP / eVisa

From 01 January 2025, the UK government will stop issuing BRPs (Biometric Residence Permits) and will replace them with the digital eVisa system where applicants will be able to prove their immigration status online, without the BRP.

What supporting documents will I need to apply for a spouse visa in the UK?

UK Visas and Immigration (UKVI) officials will want to see the following documents (though not an exhaustive list) included with your application:

• Your current passport or other travel documents
• Your marriage or civil partnership certificate
• Divorce certificate for any previous marriages, if applicable
• Details of any criminal convictions, if applicable
• Your National Insurance Number (if you have one)
• Details of your accommodation in the UK
• Bank statements
• Evidence of employment income, if applicable
• Your sponsor’s British passport or Indefinite Leave to Remain document
• Details of any children who are also coming to the UK

How do I apply?

Richard Nelson’s UK visa solicitors will advise you and your partner on how to gather all of the required documents. Our team will then collate your documents into the correct format for the UK Home Office.

If you’re applying for the first time and your partner is outside of the UK, they’ll complete the online application from their home country or the country they’re living in. Applications usually take up to 12 weeks.

If your application is successful, your partner’s spouse visa will be valid for 33 months. Before the 33 months are over, you’ll need to apply to extend their visa. This can be done in the UK and they are permitted to remain here while they wait for a decision.

After 5 years of continuous residence in the UK, your partner can apply for Indefinite Leave to Remain (ILR). This will allow them to stay permanently in the UK and apply for British citizenship if you yourself are a British citizen.

Get in touch with our immigration solicitors today to start your spouse visa application process or to discuss what options are available to you.