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Spouse Visa Requirements

lexenlaw.co.uk > Spouse Visa Requirements

What is the Spouse/Partner Visa UK?

The UK Spouse (Partner) Visa lets the husband, wife, civil partner, or long-term partner of a British citizen or settled person live and work in the UK. Grants 33 months when applying from outside the UK and 30 months from inside the UK, with a further 30-month extension available. After 5 years on this route, applicants can seek Indefinite Leave to Remain (ILR) and later British citizenship. Work is permitted, but access to most public funds is restricted.

Key Points:

Family visa for spouses, civil partners, and durable partners

33 months (out of country) / 30 months (in-country)

Extendable for another 30 months

Pathway to ILR at 5 years and then citizenship

The minimum income threshold for Spouse Visas in 2025 is £29,000, with some exemptions for certain benefits.

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    Who Can Apply?

    You must be 18+ and in a qualifying relationship with an eligible sponsor. Sponsors include British or Irish citizens, people with ILR/settled status/permanent residence, qualifying pre-settled EEA/Swiss residents (living in the UK before Jan 2021), refugees or those with humanitarian protection, and recognised stateless persons. Unmarried partners can apply with evidence of at least 2 years’ cohabitation or via the Fiancé(e) route.

    Key Points:

    Applicant and partner must be 18+

    Eligible sponsors: British/Irish, ILR/settled, certain EEA/Swiss, refugee/humanitarian, stateless

    Unmarried partners: 2+ years living together or Fiancé(e) route

    Human-rights routes may apply where separation breaches Article 8

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    Core Requirements

    Applicants must meet the financial requirement, show a legally recognised marriage/civil partnership or 2+ years’ cohabitation, and prove a genuine, subsisting relationship. English language, adequate accommodation, biometrics, and IHS are mandatory. TB testing may be needed depending on country of residence.

    Key Points:

    Financial threshold: £29,000 (transitional £18,600 may apply)

    Genuine relationship and legal recognition

    English language (SELT) unless exempt

    Adequate, non-overcrowded accommodation

    How to Apply in 2025

    Apply well before travel or visa expiry and await a decision before booking flights. Applications from overseas typically take about 12 weeks; in-country switches around 8 weeks, provided your current visa permits switching (visitors generally cannot; Fiancé(e) is the exception). Complex cases or unmet requirements can take longer.

    Key Points:

    Outside UK: ~12 weeks; fee typically £1,938

    Inside UK: ~8 weeks; fee typically £1,321

    Must hold an eligible visa to switch in-country

    Longer timelines if relying on Article 8 grounds

    Relationship Recognition (Eligibility Checks)

    The Home Office assesses age, personal meeting, and legal validity of the marriage or partnership. Forced, underage, polygamous, or prohibited-degree relationships are not recognised. Caseworkers consider ongoing commitment, shared responsibilities, cohabitation or intention to live together, and family plans.

    Key Points:

    Both partners must be 18+ and have met in person

    Marriage/partnership must be legally valid and UK-recognised

    Prohibited degrees and polygamy are not eligible

    Evidence of commitment, cohabitation, and plans in the UK

    Genuine Relationship Test (Evidence)

    Provide a coherent set of documents showing you live together or maintain a durable partnership. Evidence may include joint tenancy/mortgage, council tax/utilities, joint bank statements, birth certificates for children, travel records, photos, communications, and third-party letters.

    Key Points:

    Joint housing and financial documents carry weight

    Proof of time spent together (travel, photos, logs)

    Third-party confirmations (landlords, institutions)

    Strong evidence required if not currently cohabiting

    Spouse Visa Interview

    Not all applicants are interviewed, but UKVI may invite you if clarification is needed. Questions focus on your relationship history, cohabitation, finances, and future plans. Consistent information and well-organised documents reduce risk and delay.

    Key Points:

    Interviews are discretionary, for clarification

    Check consistency of dates and facts

    Bring organised supporting evidence

    Calm, concise answers help credibility

    Financial Requirements

    Most first-time applicants must meet a £29,000 pre-tax income threshold. Those who entered the route before 11 April 2024 may rely on transitional £18,600 rules (child add-ons under the old regime may apply, or you can opt to meet the new £29,000 where more favourable). HM Armed Forces thresholds differ.

    Key Points:

    Standard threshold: £29,000 gross per year

    Transitional rules: £18,600 for pre-11 Apr 2024 routes

    Choose the most favourable calculation if eligible

    Armed Forces sponsors have separate rules

    If You Don’t Meet the Financial Threshold

    You may combine permitted income sources (employment, self-employment, pensions, rental/investments) and cash savings. In compelling cases where refusal would cause unjustifiably harsh consequences, human-rights arguments under Article 8 may be available, often placing you on a longer route to settlement.

    Key Points:

    Combine multiple income sources where allowed

    Cash savings can bridge gaps (see formula below)

    Article 8 may help where hardship is evidenced

    Longer routes may apply if rules not fully met

    Savings (Calculation & Adequate Maintenance)

    Savings below £16,000 do not count. Above £16,000, savings reduce the income required. Relying solely on savings typically needs £88,500 (i.e., £29,000 × 2.5 + £16,000). Certain benefit cases switch to an “adequate maintenance” test rather than the fixed threshold.

    Key Points:

    First £16,000 of savings ignored for threshold

    Solely savings route generally ≈ £88,500

    Adequate maintenance replaces threshold in some benefit cases

    Keep clear statements and source-of-funds evidence

    English Language Requirement

    Prove speaking and listening via an approved SELT (Trinity College London or IELTS for UKVI) unless exempt. Exemptions include nationality of a majority English-speaking country, age under 18 or over 65, certain medical conditions, or degrees taught in English and verified by ECCTIS.

    Key Points:

    SELT required unless you qualify for an exemption

    Trinity and IELTS for UKVI are accepted providers

    Degree-in-English + ECCTIS verification can exempt

    Keep certificates valid and accessible

    Accommodation Requirement

    Show you have suitable, non-overcrowded accommodation for the family unit. Provide a description, occupancy, room counts, and affordability. Overcrowding rules consider ages and the number of occupants; living rooms can sometimes count as sleeping rooms.

    Key Points:

    Proof of exclusive occupation/ownership or tenancy

    Not overcrowded; compliant with public health rules

    Couples may share; child sharing rules depend on age/sex

    Property inspection reports can strengthen cases

    Required Documents

    Submit originals (or acceptable electronic versions per UKVI rules) and professional translations where not in English/Welsh. Align your bundle with Appendix FM evidence standards: relationship proof, finances, English, accommodation, IDs, and (where applicable) TB testing.

    Key Points:

    Relationship: marriage certificate/cohabitation proof

    Financial: payslips, bank statements, accounts

    English: SELT certificate or exemption evidence

    Accommodation: tenancy/ownership + occupancy details

    If You Can’t Meet Every Rule

    You may still secure leave on human-rights grounds with strong evidence, though typically on a longer route to settlement. A carefully structured submission, clear legal representations, and robust documentation are critical.

    Key Points:

    Human-rights arguments under Article 8 may apply

    Expect longer routes and closer scrutiny

    Strong, consistent evidence is essential

    Legal representations help address risk areas

    Fees & Application Costs

    Expect Home Office application fees (outside UK vs inside UK), Immigration Health Surcharge per year of leave, optional Priority/Super Priority fees, plus third-party costs for translations and English tests. Fees can change—check current guidance when applying.

    Key Points:

    Outside UK fee typically £1,938; inside UK £1,321

    IHS per year: adults £1,035; children £776

    Optional Priority/Super Priority available

    Translation and exam costs vary by provider

    If Your Application is Accepted

    You’ll be granted leave and issued an e-visa confirming your status. If an entry vignette is issued, you must enter within the stated window; a replacement can be requested for a fee if you miss it.

    Key Points:

    e-visa confirmation of status

    Entry within the vignette window required

    Replacement vignette possible (fee applies)

    Keep copies of all approvals and documents

    How Do You Settle (ILR) as a Spouse?

    Most applicants qualify after 5 continuous years on the spouse route, provided all requirements remain met. If married to a British citizen, you can usually apply for citizenship immediately after ILR; otherwise, typically after 12 months.

    Key Points:

    5-year route → ILR application

    Citizenship timing depends on spouse’s nationality

    10-year route may apply where strict rules aren’t met

    Keep absences and evidence aligned with rules

    Can You Renew/Extend a Spouse Visa?

    Yes—extend for another 2.5 years provided your leave hasn’t expired and you still meet relationship, financial, English, accommodation, and suitability rules. After 5 years total on the 5-year route, you can apply for ILR.

    Key Points:

    Apply before current leave expires

    Ongoing genuine relationship required

    Same core rules at extension stage

    ILR available after 5 years on route

    If Your Application is Refused

    You’ll receive a refusal letter outlining reasons and whether you have appeal rights. Typical issues include financial/language shortfalls, weak relationship evidence, or documentation errors. You may appeal, seek administrative review (where applicable), or reapply with stronger evidence.

    Key Points:

    Decision letter explains reasons and rights

    Common issues: finances, English, evidence gaps

    Appeal or reapply with a stronger bundle

    Act promptly to avoid overstay risks

    Spouse Visa Appeal Process

    Where appeal rights exist, deadlines are strict (see your decision notice). Success hinges on clear grounds, targeted evidence, and well-prepared bundles. Some cases proceed to a hearing before the First-tier Tribunal.

    Key Points:

    Strict time limits apply (overseas vs in-country)

    Precise legal grounds and evidence are vital

    Tribunal hearings may be required

    Professional representation improves outcomes

    How Long Does an Appeal Take?

    Appeals are often lengthy and can take many months frequently up to a year or more depending on complexity and listing availability. Keep your status lawful while the case progresses.

    Key Points:

    Commonly several months to 12+ months

    Timelines vary by complexity and listing

    Maintain lawful status during appeal

    Keep evidence updated and organised

    How Lexen Law Helps

    Lexen Law provides tailored eligibility reviews, evidence checklists, and legal representations under Appendix FM and Article 8. We prepare forms and bundles, liaise with UKVI, support interviews, handle extensions and appeals, and plan your pathway to ILR and citizenship.

    Key Points:

    Strategy, risk mapping, and evidence building

    Drafting persuasive legal submissions

    End-to-end case management with UKVI

    Support from initial application to ILR/citizenship

    Contact our team today to discuss your situation in confidence.

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