UK Partner Visa or UK Spouse Visa

Under the UK Partner Visa or UK Spouse visa, applicants who are either a Spouse or Civil Partner or Unmarried Partner of a UK citizen or a person who is settled in the UK can come and live in the UK.

UK Partner Visa or UK Spouse Visa: Key Requirements

To be eligible for a UK Partner Visa or UK Spouse visa, applicants must fulfil various criteria, including:

1. Age: The applicant and their UK partner must be at least 18 years old when applying for the visa.
   
   
2. Relationship Criteria: Prospective candidates are required to meet one of the following conditions: they must either be legally married, be registered in a civil partnership, or have cohabitated with a partner in a manner akin to marriage as an unmarried partner for a minimum of two (2) years.
   
   
3. Financial Requirement: Applicants must show that they can financially support themselves, their partner, and any dependents without using public funds. Evidence of meeting the financial requirement, which usually means showing that both the applicant and their partner have a combined income or savings that meet or exceed a certain threshold.
   
   
4. Accommodation Requirement: The couple and any dependents must have adequate accommodation that meets UK housing standards and provides enough space for all family members.
   
   
5. English Language Requirement: To apply, the applicant needs to demonstrate proficiency in English by either passing an approved English language test at level A1 or higher or by holding an academic degree taught in English and recognised by ECCTIS (formerly UK NARIC) which is equivalent to a UK bachelor’s degree or higher.
   
   
6. Maintaining an authentic and ongoing relationship: Applicants must provide evidence that demonstrates the genuineness and continuity of their relationship. This can include but is not limited to, joint bank statements and utility bills in both names and photographs together. The aim is to demonstrate that the relationship is genuine and that the couple plans to reside together permanently in the UK.
   
   
7. Suitability Requirement: This requirement focuses on the applicant's background and personal circumstances, including their criminal history, financial stability, and immigration history, among other factors. The purpose of this requirement is to ensure that the applicant is a suitable candidate for entry to the UK and that their presence in the country will not pose a threat to public safety or the immigration system.
   
   

UK Partner Visa or UK Spouse Visa financial requirement

The financial requirement for the UK Partner Visa or UK Spouse visa category may be satisfied through income, cash savings, or a combination of both. The level of the financial requirement for a UK Partner Visa or UK Spouse visa varies depending on the date of the application.

UK Partner visa or UK spouse visa applications on or after 11th April 2024:-

If an applicant is applying as a partner for the first time on or after April 11, 2024, they must show a minimum income of £29,000. The income requirement stays the same, even if there are children included in the application.

When applying for the UK Partner Visa or UK Spouse visa, an applicant can count any cash savings above £16,000. To satisfy the financial requirement, the applicant is required to divide any amount exceeding £16,000 by 2.5.

Applicants who are solely relying on cash savings and no other combined source(s) of income need to show a cash savings of £88,500.

Sources of Income

The financial requirement can be met through various sources of income, including:

• Employment Income: Salary from employment can count towards the financial requirement.
  
• Income from Self-Employment: Earnings from self-employment, specifically as a Sole Trader or as a Director of a limited company in the UK, may be considered.
  
• Cash Savings: Cash savings above £16,000 can help meet the requirement. The calculation for how much of your savings can count towards the financial requirement is complex, so it's often advisable to consult with an expert.
  
• Pension: Pension income can also be considered towards meeting the financial requirement.
  
• Other Sources: Other sources, such as rental or investment income, may also be applicable in some cases.
  

Demonstration of genuine relationship for a UK Partner visa or UK Spouse visa

The applicant and their partner must have a genuine and subsisting relationship, indicating a committed and sincere bond. The specific documents required to prove this are not well-defined, except for the marriage or civil partnership certificate.

In addition to the marriage certificate, the Home Office requires proof of living together. Ideally, documents should bear both the applicant's and their spouse's names. But, in the absence of that, documents addressed separately to each individual at the same location can also serve as adequate proof.

English language requirement for a UK Partner visa or UK Spouse visa

Applicants must show they can speak and understand English proficiently. To fulfil the English language requirement, applicants may satisfy the criteria through one of the following methods:

• Attaining a passing score on an approved English language test at the prescribed level (A1 or higher, as per individual circumstances).
  
• Obtaining a degree which is taught in English.
  
• Holding citizenship in one of the English-speaking nations.
  

Accommodation requirements for a UK Partner visa or UK Spouse visa

Applicants must show they have suitable accommodation in the UK without needing public funds. The accommodation should be adequate for the number of people who will be living there, exclusive for the applicant and their family members, and meet any public health requirements.

Application Process

There are several steps involved in applying for a UK Partner visa or a UK Spouse Visa. Firstly, applicants must gather all necessary documents to prove eligibility. Afterwards, applicants must complete the online visa application form and submit the visa fee and Immigration Healthcare surcharge. Applicants must go to a biometric appointment to have their fingerprints and photographs taken.

Visa Entitlements

Successful applicants under the UK Partner visa or UK Spouse visa category will be granted a visa for 33 months (if applying for entry clearance application from overseas) or 30 months (if applying within the UK).

Applicants under the UK Partner visa or UK Spouse visa will have free access to public schools and the National Health Service. Dependents under the UK Partner or Spouse visa may work or study without restrictions.

Once an applicant under a UK Partner visa or UK Spouse visa completes their initial grant of stay, they can apply for a spouse visa extension under the UK Partner visa or UK Spouse visa. Successful applicants have the option to extend their spouse visa for an additional 2 years and 6 months.

After 5 years in the UK under the Partner or Spouse visa category, applicants can apply for settlement or Indefinite Leave to Remain.

FAQ

• What are the UK Partner visa or UK Spouse visa required document checklist? v

  • The following are the required documents for spouse visa or UK Partner visa, although this list is by no means exhaustive:

    • Proof of your identity;
    • Evidence of your relationship, i.e. either through marriage or civil partnership or living together in a relationship for at least 2 years;
    • Proof of your English language requirement;
    • Proof of your financial requirement;
    • Evidence of your accommodation;
    • Evidence that the relationship is genuine and subsisting and both parties intend to live together. For example, documents showing that you have lived together, have children together, have a shared bank account or savings, or have spent time together and are in frequent contact;
    • The translation of any document that are not in English or Welsh.

    
    
    In addition to the required documents, applicants will also need to provide details of any previous immigration applications, any criminal convictions, any previous marriages or relationships, details of any children, and tuberculosis test results if applicable.

• Which form should I use to apply for a UK Partner visa or a UK Spouse visa?v

  • If you are in the UK, you need to complete the application process online using the following form:-
    
    

    Current Immigration status or UK visa	Online Application Form
    Initial grant of UK Partner visa, Spouse visa or as an unmarried partner visa UK	FLR (M)
    Extension of Initial grant of UK Partner visa, Spouse visa or as an unmarried partner visa UK	FLR (M)
    Marriage Visa UK / Fiance Visa (in cases where you got married or entered into a civil partnership within 6 months)	FLR (M)
    Dependent children under the age of 18	FLR (M)
    Children who initially received leave under this route before turning 18 and are now 18 or older	FLR (M)

    
    
    If you are outside the UK and submitting an entry clearance application to enter as a UK Partner visa, Spouse visa, unmarried partner visa UK or fiance visa or marriage visa, you need to complete the application process online.

• Are there any exceptions to the financial requirement?v

  • If the applicant's partner receives specific benefits in the UK under the UK Partner visa or UK Spouse visa category, the applicant can fulfil the financial requirement by showing evidence of "adequate maintenance" instead of meeting an income threshold. The eligible benefits include: Carer’s Allowance, Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance, and Personal Independence Payment.

• Can a third party support counts towards financial requirement?v

  • Applicants and their partners under the UK Partner visa or UK Spouse visa category must have the required resources under their own control and not somebody else. Support from third parties like friends or family members is not counted towards the financial requirement due to its potential vulnerability to changes in circumstances or relationships.

• Can you 'switch' if you are already in the UK?v

  • Applicants applying for the UK Partner visa or UK Spouse visa may switch within the UK if visa categories allow switching. However, they cannot switch into the UK Partner visa or spouse visa category if they are in the UK as a visitor; have permission to stay for less than 6 months (unless as a fiancé(e) or proposed civil partner); they are on temporary admission, or are in breach of the Immigration Rules (for example overstaying for more than 28 days).

• Rights of Dependantsv

  • Dependants under the UK Partner visa or UK Spouse visa category (including children under 18 years of age) will be eligible to live and stay in the UK with their parents. They can live and work in the UK without any restrictions. They will be granted leave in line with the expiry date of the main applicant’s leave.

• Conditions of Stay  v

  • Applicants under UK Partner visa or spouse visa category will have the following conditions attached to their leave:

    • No recourse to public funds;
    • Registration with the police, if applicable;
• What is my immigration status while my application is pending?v

  • If a UK Partner or Spouse visa applicant applies before their authorized stay ends, their immigration status will continue until a decision is made, even if it's after their permitted stay. UK Partner visa or UK Spouse visa applicants can continue to work until their case is decided if the conditions of their existing leave allow them to do so.

• Biometric Requirementv

  • Non-EEA nationals applying for a UK Partner visa or UK Spouse visa must apply for a biometric residence permit.

    The biometric residence permit is a document that contains a migrant's personal details (such as name, date and place of birth) and biometric information (like facial image and fingerprints). It displays their immigration status and entitlements while they are in the UK. This also means that a UK visa will no longer be stamped on the applicant's passport, and all applicants will be issued one of the new biometric visa cards instead. These cards look very similar to a (pink) UK driving license, except they have a microchip in the back.

    Once the application for a UK Partner visa or UK Spouse visa is submitted online, applicants are required to attend a biometric appointment at one of the Visa Application Centers to provide their fingerprints, photo, and signature.

    Successful offshore applicants will receive a 30-day' vignette sticker' in their passport instead of a vignette with the full grant of leave. This 30-day visa will be the date they indicated as their intended travel date in their visa application. Under a UK Partner visa or UK Spouse visa, applicants will be required to collect their BRP from the post office branch, detailed in their decision letter, within ten days of arrival in the UK. The Post Office branch is linked to the postcode they submitted in their visa application. The BRP card can be used as proof for working, studying, and accessing public services in the UK.

• Immigration Health Surchargev

  • The Immigration Health Surcharge (IHS) was implemented by the Home Office on 6th April 2015. People coming to the UK for more than six months must pay this health surcharge as a part of their immigration application towards the National Health Service (healthcare in the UK).
    
    Offshore applicants must pay the health surcharge for visas longer than six months, while onshore applicants must pay for any length of visa.

    Applicants will have to pay £776 per year as a student, or as a Youth Mobility Scheme or applicant under 18 years old. For all other visa and immigration applications, they must pay £1,035 per year. Dependents will usually need to pay the same amount as the main applicant. The exact amount they must pay depends on how much leave they are granted. They can calculate how much they will have to pay before you apply. If the period of the grant applied for is less than six months, then half of the yearly amount is to be paid, and if the period of the grant applied for is more than six months, then the whole year amount is to be paid.

    Visa applications will not be granted if applicants do not pay the healthcare surcharge, and the applications will be delayed if the correct amount is not paid.

    Visa application will not be granted if applicants do not pay the health care surcharge or application will be delayed if the right amount is not paid.

    Following persons are exempted to pay the IHS:

    • Applicants applying for indefinite leave to enter or remain;
    • Diplomat or a member of a visiting armed forces and not subject to immigration control;
    • Dependant of a member of the UK’s armed forces;
    • Dependant of a member of another country’s armed forces who is exempt from immigration control;
    • Family member of a European national with Treaty rights;
    • Applicants who are seeking a visa for the Isle of Man or the Channel Islands;
    • Resident of the Falkland Islands and a citizen of a British Overseas Territory;
    • An asylum seeker or someone seeking humanitarian protection (or their dependents);
    • A domestic worker who has been identified as a victim of slavery or human trafficking;
    • Applicants or their dependents applying for discretionary leave to remain in the UK as victims of slavery or human trafficking;
    • In cases where the Home Office’s domestic violence concession applies to applicants and or their dependant;
    • Applicants and or their dependents who depart from the UK would be against their rights under Article 3 of the European Convention of Human Rights
• Government Feesv

  • Home Office fees for the UK Partner Visa or Spouse Visa UK
    	Postal Application	Super Priority Service	Overseas / Entry Clearance Application
    Main Appplicant	£1,048.00	£1,833.00	£1,846.00
    Partner or child aged under 18 (if applying together)	£1,048.00	£1,833.00	£1,846.00
    Partner or child aged under 18 (if they are applying later), or child aged over 18	£1,048.00	£1,833.00	£1,846.00

• Processing Timesv

  • In line with the Home Office service standards for processing UK visa entry clearance applications for UK Partner visa or UK Spouse visa, they decide 95 per cent of settlement applications within 12 weeks of the application date and 100 per cent within 24 weeks of the application date.

    Applicants applying for a UK Partner visa or UK Spouse visa within the UK under Standard or Postal Service normally have their decision taken up to 8 weeks, and for Super Priority Service, it is normally decided within 24 hours.