Spouse Visa – Family Union

Introduction

The UK Spouse Visa provides a pathway for family members to join their partners in the United Kingdom. This comprehensive guide outlines everything you need about the application process, eligibility criteria, financial requirements, etc.

At Davenport Solicitors, our immigration specialists help families navigate this complex process with confidence. Whether you’re applying for the first time or seeking an extension, our experienced team can provide the support you need to ensure a successful application.

What is a UK Spouse Visa?

A UK Spouse Visa (officially known as a Family Visa) allows married partners, civil partners, or unmarried partners in a relationship similar to marriage to join their partner already settled in the UK. This visa is designed for family union purposes, enabling couples to live together permanently in the UK.

Unlike work or study-related dependent visas, the Spouse Visa is centred around family reunification with a British citizen or settled person. It offers a direct path to settlement after five years of continuous residency in the UK.

The visa initially grants 2 years and 9 months of leave to remain, after which an extension application is required. After completing five years of legal residence, applicants can apply for Indefinite Leave to Remain (ILR), provided they meet all other settlement requirements.

Eligibility Requirements

UK Partner Status Requirements

To sponsor a Spouse Visa application, the UK partner must be one of the following:

1. A British citizen
2. A person with Indefinite Leave to Remain (ILR) or settled status
3. An EU/EEA/Swiss national with pre-settled status under the EU Settlement Scheme
4. A person with refugee status or humanitarian protection in the UK
5. A person with permission under the Turkish ECAA arrangements

The UK partner must be physically present in the UK at the time of application and intend to make the UK their main home with their partner.

Relationship Requirements

The relationship between the applicant and sponsor must fall into one of these categories:

1. Married couples: The marriage must be legally recognised in the UK and the country where it occurred. Same-sex marriages are valid if they are legally recognised in the country where they took place.
2. Civil partners: Civil partnerships must be legally recognised in the UK.
3. Unmarried partners: Couples unmarried or in a civil partnership must provide evidence of living together in a relationship akin to marriage for at least two years. This is sometimes referred to as a “de facto” relationship.

For all relationship types, you must provide evidence that:

1. The relationship is genuine and subsisting.
2. You’ve met in person
3. Any previous relationships have legally ended.
4. You plan to live together permanently in the UK.

Financial Requirements

As of April 2024, the financial requirement for Spouse Visa applications has changed. The UK partner must demonstrate a minimum gross annual income of £29,000. This can be met through:

1. Employment income: Typically, the UK partner’s salary, unless the applicant already has permission to work in the UK.
2. Non-employment income: Such as property rental, dividends, or pension payments.
3. Self-employment or income from a specified limited company: Requiring business accounts, tax returns, and other documentation.
4. Pension income: State, occupational, or private pension.
5. Cash savings: This can be used to supplement income shortfalls, subject to specific calculations.

English Language Requirements

The applicant must demonstrate English language proficiency, with requirements increasing at each application stage:

1. Initial application: CEFR Level A1 (speaking and listening only)
2. Extension application: CEFR Level A2 (speaking and listening only)
3. Settlement application: CEFR Level B1 (speaking and listening only) plus the Life in the UK Test

Applicants can meet this requirement by:

1. Passing an approved English language test
2. Having a degree taught or researched in English
3. Being a national of a majority English-speaking country

Accommodation Requirements

You must demonstrate that you have adequate accommodation in the UK where you and your partner (and any dependents) can live without recourse to public funds. The accommodation must:

1. Be owned or legally occupied by you or your partner
2. Not be overcrowded according to legal definitions
3. Meet local housing regulations

Application Process

Initial Application Procedure

The application process involves several key steps:

1. Online application: Complete the online application form on the UK government website.
2. Pay fees: Pay the application fee and Immigration Health Surcharge.
3. Book appointment: Schedule a biometric appointment at a visa application centre.
4. Submit documents: Upload supporting documents and attend your appointment to provide biometrics.
5. Decision waiting period: Wait for a decision (typically up to 12 weeks for standard processing).

Required Documentation

A comprehensive Spouse Visa application requires numerous documents, including:

1. Valid passport for the applicant
2. Evidence of relationship (marriage certificate, civil partnership certificate, or proof of cohabitation)
3. Financial documentation (payslips, bank statements, employment contracts)
4. Proof of accommodation
5. English language test certificate or exemption evidence
6. Evidence of UK partner’s immigration status
7. Photographs meeting UKVI specifications
8. Tuberculosis (TB) test results (if applicable)

Certified translations must accompany all documents that are not in English.

Biometric Information

All applicants must provide biometric information, including:

1. Digital fingerprints
2. Digital photograph
3. Digital signature

This information is used to create a Biometric Residence Permit (BRP), which must be collected within 10 days of arrival in the UK.

Know more about BRP

English Language Requirements

Initial Application (A1 Level)

For the initial Spouse Visa application, applicants must demonstrate English language proficiency at CEFR Level A1. This is an introductory level that requires the ability to:

1. Understand and use familiar everyday expressions
2. Introduce oneself and others
3. Ask and answer questions about personal details

Applicants can take an approved Secure English Language Test (SELT) from providers such as IELTS, Trinity College London, or Pearson. The test focuses only on speaking and listening skills.

Extension Application (A2 Level)

When extending the Spouse Visa after 2.5 years, applicants must demonstrate proficiency at CEFR Level A2. This intermediate level requires:

1. Understanding sentences and frequently used expressions
2. Communicating in simple and routine tasks
3. Describing aspects of one’s background, environment, and matters of immediate need

The approved test providers can be used, but applicants must take the A2 level examination.

Settlement Application (B1 Level)

Applicants must demonstrate proficiency at CEFR Level B1 for Indefinite Leave to Remain applications. This threshold level requires:

1. Understanding the main points of clear standard input on familiar matters
2. Dealing with most situations likely to arise while travelling
3. Producing simple connected text on familiar topics
4. Describing experiences, events, dreams, and ambitions

In addition to the B1 English test, applicants must pass the Life in the UK Test, which assesses knowledge of British traditions, customs, history, and governmental systems.

Exemptions to English Requirements

Certain applicants are exempt from the English language requirement:

1. Nationals of majority English-speaking countries (e.g., Australia, Canada, Jamaica, New Zealand, USA)
2. Those with a degree taught in English (verified by UK NARIC/ENIC)
3. Those aged 65 or over
4. Those with a physical or mental condition preventing them from meeting the requirement
5. Those facing exceptional circumstances

Duration and Extension

Initial Visa Period

The initial Spouse Visa is granted for 2 years and 9 months if applying from outside the UK or 2 years and 6 months if applying from within the UK.

During this period, visa holders can:

1. Live and work in the UK without restrictions
2. Study in the UK
3. Travel in and out of the UK
4. Include dependent children in their application

Extension Process

Before the initial visa expires, holders must apply for an extension to continue their stay in the UK. The extension application:

1. Must be submitted before the current visa expires
2. Requires meeting the exact financial and relationship requirements as the initial application
3. Requires demonstrating English at A2 level instead of A1
4. Grants an additional 2.5 years of leave if approved

To allow processing time, it’s advisable to apply for the extension at least 8 weeks before the current visa expires.

Timeline to Settlement

The standard route to settlement follows this timeline:

1. Initial Spouse Visa: 2 years and 9 months
2. Spouse Visa extension: 2 years and 6 months
3. Settlement application (ILR): After completing 5 years of continuous residence

To qualify for settlement, applicants must:

1. I have lived in the UK continuously for 5 years on the Spouse Visa route
2. Still, be in a genuine and subsisting relationship with their partner
3. Meet the B1 English language requirement
4. Pass the Life in the UK test
5. Not have excessive absences from the UK (generally no more than 180 days in any 12 months)

Bringing Dependent Children

Eligibility for Children

Dependent children under the age of 18 can be included in a Spouse Visa application if:

1. They are not married or in a civil partnership
2. They don’t live independently
3. They haven’t formed an independent family unit
4. Both parents are either present in the UK or applying together (unless sole custody arrangements exist)

Children who turn 18 during the visa period can still apply for extensions and eventually settlement as long as they were initially included as dependents and haven’t formed their independent family unit.

Application Process for Children

To include dependent children in a Spouse Visa application:

1. List all dependent children on the main application form
2. Pay the additional application fee and Immigration Health Surcharge for each child
3. Provide each child’s passport or travel document
4. Provide birth certificates showing parental relationship
5. If one parent is not applying or is already in the UK, provide the following:
   1. Legal documentation showing sole responsibility, or
   2. Written consent from the other parent for the child to live in the UK
   3. Court documentation, if applicable

Alternative Routes

Fiancé(e) Visa

For couples who intend to marry or form a civil partnership in the UK but haven’t yet done so, the Fiancé(e) Visa offers a pathway. Key features include:

1. Valid for 6 months only
2. No right to work in the UK
3. Must marry or form a civil partnership within 6 months
4. Must meet the exact financial and English language requirements as the Spouse Visa
5. After marriage/civil partnership, can apply for a Spouse Visa from within the UK
6. Application fee: £1,846 (as of February 2025)
7. An Immigration Health Surcharge is not applicable due to the short duration

Marriage Visitor Visa

The Marriage Visitor Visa allows individuals to come to the UK to get married or form a civil partnership, but crucially, without the intention to settle. Key features include:

1. Valid for 6 months
2. No right to work or study
3. Must leave the UK after the visa expires
4. Cannot switch to another visa category from within the UK
5. Lower financial threshold (must demonstrate ability to support oneself during the visit)
6. No English language requirement
7. Application fee: £115 (as of February 2025)
8. No Immigration Health Surcharge

10-Year Route to Settlement

For couples who cannot meet the standard financial or English language requirements, the 10-Year Route offers an alternative path based on exceptional circumstances:

1. Must demonstrate “insurmountable obstacles” to family life continuing outside the UK
2. Must prove the relationship is genuine and subsisting
3. Initial visa period of 2.5 years, with extensions required every 2.5 years
4. Settlement is possible after 10 years of continuous residence
5. Same application fees and Immigration Health Surcharge as the standard route
6. English language requirement still applies for the settlement application (B1 level)
7. Must demonstrate why Article 8 (right to family life) would be breached if a visa is not granted

Rights and Restrictions

Working Rights

Spouse Visa holders have unrestricted work rights in the UK. They can:

1. Work in any job role (except certain civil service positions requiring British citizenship)
2. Work full-time or part-time
3. Be self-employed or start a business
4. Change employers without notifying immigration authorities

Study Rights

Spouse Visa holders can:

1. Study any course in the UK
2. Attend any educational institution
3. Access student loans and grants if they meet residency requirements (typically after 3 years of residency)
4. Undertake full-time or part-time study

Travel Restrictions

While holding a valid Spouse Visa, the holder can:

1. Travel in and out of the UK freely
2. Visit other countries (subject to their visa requirements)
3. Maintain their visa status as long as they don’t spend excessive time outside the UK

To qualify for settlement, visa holders must spend no more than 180 days outside the UK in any 12-month period within the 5-year qualifying period.

Access to Public Funds

Spouse Visa holders are subject to the “No Recourse to Public Funds” (NRPF) condition, meaning they cannot access most welfare benefits, including:

1. Income-based Jobseeker’s Allowance
2. Housing Benefit
3. Universal Credit
4. Child Benefit
5. Child Tax Credit

However, they can access:

1. NHS healthcare (covered by the Immigration Health Surcharge)
2. State education for children
3. Services from local authorities that are not classed as public funds

In exceptional circumstances of destitution, visa holders can apply for the NRPF condition to be lifted.

Settlement (Indefinite Leave to Remain)

Eligibility Criteria

After 5 years of continuous residence on the Spouse Visa route, applicants can apply for Indefinite Leave to Remain if they:

1. Still have a genuine and subsisting relationship with their partner
2. I have lived continuously in the UK for 5 years
3. Have no excessive absences (generally no more than 180 days in any 12 months)
4. Meet the B1 English language requirement
5. Have passed the Life in the UK test
6. Have not breached immigration laws during their stay
7. Are of good character

Life in the UK Test

The Life in the UK test is a computer-based examination covering:

1. British traditions and customs
2. British history
3. The governmental system
4. Everyday Life in modern Britain

Key information:

1. 24 multiple-choice questions
2. 45-minute time limit
3. 75% pass mark (18 correct answers)
4. Fee: £50 (as of February 2025)
5. Can be retaken an unlimited number of times (with an additional fee each time)
6. Study materials available from official government sources

Application Process

The settlement application involves:

1. Completing an online application form
2. Paying the fee (£2,885 as of February 2025)
3. Booking a biometric appointment
4. Submitting supporting documents, including:
   1. Passport
   2. Biometric Residence Permit
   3. Evidence of relationship
   4. Evidence of English language proficiency
   5. Life in the UK test pass certificate
   6. Evidence of continuous residence
   7. Absence calculation

Processing typically takes 6 months for standard service, with priority options available.

Special Circumstances

Relationship Breakdown

If the relationship breaks down while on a Spouse Visa:

1. The visa will be curtailed to 60 days (or to its expiry date if less than 60 days remain)
2. Before this period expires, the visa holder must either leave the UK or apply to stay under a different immigration route.
3. Time spent on the Spouse Visa cannot be counted towards a settlement on a different route.

Domestic Abuse Provisions

Special provisions exist for victims of domestic abuse:

1. If the relationship breaks down due to domestic abuse by the UK partner, the victim may apply for immediate settlement.
2. Evidence requirements include police reports, court orders, medical records, and statements from support organisations.
3. The Destitution Domestic Violence Concession provides 3 months of leave with access to public funds while a settlement application is prepared.
4. There is no application fee for settlement applications under this provision.

Bereavement Provisions

If the UK partner dies while the applicant holds a Spouse Visa:

1. The bereaved partner may apply for immediate settlement.
2. Evidence required includes the death certificate and proof of the continuing relationship at the time of death.
3. The application must be made within 2 years of the bereavement.
4. The standard settlement fee applies.

EU Settlement Scheme Considerations

EU/EEA/Swiss National Partners

For partners of EU/EEA/Swiss nationals with status under the EU Settlement Scheme:

1. If the EU partner has settled status, the standard Spouse Visa route applies
2. If the EU partner has pre-settled status, the non-EU partner may be eligible to apply under the EU Settlement Scheme if:
   1. The relationship existed before 31 December 2020, or
   2. The application is made within 90 days of arrival in the UK.

Pre-settled Status Implications

Benefits of applying under the EU Settlement Scheme rather than the standard Spouse Visa route include:

1. No application fee
2. No Immigration Health Surcharge
3. No financial requirement
4. No English language requirement
5. Pathway to settled status after 5 years of residence

This route is only available in specific circumstances related to the UK’s exit from the European Union and is subject to strict eligibility criteria.

Common Reasons for Refusal

Financial Evidence Issues

Common financial-related refusal reasons include:

1. Insufficient income documentation
2. Income sources not properly evidenced
3. Cash savings not held for the required 6-month period
4. Self-employment documentation not meeting requirements
5. Incorrect calculation of financial requirement

To avoid these issues, ensure all financial documentation is complete, consistent, and covers the required periods.

Relationship Genuineness Concerns

Applications may be refused if the Home Office doubts the relationship’s genuineness:

1. Insufficient evidence of ongoing communication
2. Lack of evidence of shared financial responsibilities
3. Inconsistencies in interview responses (if conducted)
4. Significant age gaps without explanation
5. Limited time spent together before marriage

It is crucial to provide comprehensive relationship evidence, including photos of the couple together, communication records, and testimonials from family and friends.

English Language Test Problems

English language-related refusals often stem from:

1. Taking a test not on the Home Office’s approved list
2. Taking the wrong level test
3. Test certificate has expired (usually valid for 2 years only)
4. Discrepancies between test certificate and passport details

Ensure the test is taken at an approved centre and meets the specific requirements for the visa stage.

Switching from Other Visa Categories

Eligible Categories for Switching

Most visa holders can switch to a Spouse Visa from within the UK, except those on:

1. Visitor visas
2. Short-term study visas
3. Parents of a Child’s Student visas
4. Seasonal Worker visas
5. Domestic Worker visas
6. Immigration bail
7. Permission granted outside the Immigration Rules

Popular switching routes include:

1. Student visas
2. Skilled Worker visas
3. Youth Mobility Scheme
4. Ancestry visas
5. Global Talent visas

In-Country Application Process

When switching from another visa category:

1. Apply before your current visa expires
2. Meet all standard Spouse Visa requirements
3. Pay the lower in-country application fee
4. Provide evidence of meeting the requirements of your current visa
5. Continue to abide by the conditions of your current visa until the new visa is granted

Successful applicants receive a 2.5-year visa, after which an extension is required before applying for settlement.

Compliance Requirements

Reporting Changes of Circumstances

Spouse Visa holders must report specific changes to the Home Office:

1. Change of name
2. Change of gender
3. Change of nationality
4. Change of contact details (address, email, phone)
5. Family circumstances (divorce, separation, bereavement)
6. Criminal convictions

Failure to report relevant changes could affect future applications or lead to visa curtailment.

Travel Considerations

When travelling on a Spouse Visa:

1. Always carry your Biometric Residence Permit when re-entering the UK
2. Keep records of all travel dates for future settlement applications
3. Be mindful of the 180-day absence rule for settlement eligibility
4. If your BRP is lost or stolen abroad, apply for a replacement visa to re-enter the UK

Brexit Impact on Family Immigration

Changes to EU Family Member Applications

The UK’s exit from the European Union has significantly impacted family immigration:

1. Free movement rights ended on 31 December 2020
2. EU family members now generally follow the same rules as non-EU nationals
3. The EU Settlement Scheme created a transitional path for those in the UK before this date
4. Higher fees and stricter requirements now apply to many EU citizens and their family members

Relevant Deadlines

Key deadlines related to Brexit and family immigration:

1. 30 June 2021: Main EU Settlement Scheme application deadline
2. Family members of EU citizens with settled or pre-settled status can still apply in certain circumstances

Supporting Documents Checklist

Relationship Evidence

Essential relationship documentation includes:

1. Marriage certificate or civil partnership certificate
2. For unmarried partners, evidence of 2 years’ cohabitation, such as:
   1. Joint tenancy agreements
   2. Joint utility bills
   3. Joint bank accounts
   4. Letters addressed to both partners at the same address
3. Communication history (if periods spent apart)
4. Photographs together at significant events
5. Travel records showing visits to each other
6. Statements from family and friends

Financial Evidence

Financial documentation requirements vary based on how the requirement is met:

1. Employment income:
   1. 6 months of payslips
   2. 6 months of bank statements showing salary deposits
   3. Employment contract
   4. Employer letter confirming employment details
2. Self-employment:
   1. Business accounts
   2. Tax returns
   3. SA302 tax calculation forms
   4. Bank statements for business and personal accounts
   5. Client contracts
   6. Evidence of ongoing business (websites, marketing materials)
3. Cash savings:
   1. 6 months of bank statements
   2. Source of funds evidence
   3. Letter from financial institution confirming account details

Accommodation Evidence

Proof of suitable accommodation includes:

1. Property deeds or mortgage statements (if property owned)
2. Tenancy agreement (if renting)
3. Letter from property owner (if staying with family/friends)
4. Council tax statements
5. Utility bills
6. Property inspection report (optional but helpful)
7. Floor plan showing room sizes and occupancy

Identity Documents

Essential identity documentation includes:

1. Current passport (with at least 6 months validity)
2. Previous passports covering relevant periods
3. National identity cards (if applicable)
4. Biometric Residence Permit (for in-country applications)
5. Birth certificates
6. Two passport-sized photographs meeting UKVI specifications

Digital Application System

Creating an Account

The UK visa application system is now primarily digital:

1. Create an account on the UK government website
2. Verify your email address
3. Complete the application form in stages (it can be saved and returned)
4. Pay fees online using a credit or debit card
5. Download a checklist of required documents

Document Scanning Process

Most applications now use digital document submission:

1. Documents can be uploaded to the online system
2. Mobile app available for scanning documents and taking photographs
3. UK Visa and Citizenship Application Services (UKVCAS) centres provide document scanning facilities
4. Original documents may still be requested in some instances

Application Tracking

After submission, applications can be tracked:

1. Email updates on application progress
2. Online tracking system
3. SMS notifications (if opted in)
4. Escalation procedures for applications exceeding standard processing times

How Davenport Solicitors Can Help

At Davenport Solicitors, our comprehensive Spouse Visa services include:

1. Initial consultation to assess eligibility
2. Detailed guidance on meeting financial and other requirements
3. Document review and organisation
4. Application form completion and checking
5. Preparation of a detailed legal representation letter
6. Ongoing support throughout the application

Get in touch with your immigration specialists now.

Frequently Asked Questions

1. What is the minimum income requirement for a UK Spouse Visa in 2025?

The minimum income requirement is £29,000 per annum gross as of April 2024. This typically must be earned by the UK-based sponsor through employment, self-employment, pension, or non-employment income. Cash savings can supplement income shortfalls using a specific calculation formula.

2. How long does the UK Spouse Visa application process take?

Standard processing takes up to 12 weeks for overseas applications and 8 weeks for in-country applications. Priority services are available for additional fees: Priority (5 working days) and Super Priority (next working day). Complex cases may take longer regardless of service chosen.

3. Can I work in the UK on a Spouse Visa?

Yes, Spouse Visa holders have unrestricted work rights in the UK. You can work in any role (except certain civil service positions), work full or part-time, be self-employed, and change employers without notifying immigration authorities. Work rights begin immediately upon visa approval.

4. What happens to my Spouse Visa if my relationship breaks down?

If your relationship breaks down, your visa will typically be curtailed to 60 days. During this period, you must either leave the UK, switch to a different visa category if eligible, or apply for immediate settlement if you’re a victim of domestic abuse.

5. Do I need to take an English language test for a Spouse Visa?

Yes, most applicants need English proficiency at different levels: A1 (initial application), A2 (extension), and B1 (settlement). Exemptions exist for nationals of English-speaking countries, those with degrees taught in English, and people aged 65+ or with certain medical conditions.

6. Can I bring my children on my UK Spouse Visa?

Yes, dependent children under 18 can be included if they’re unmarried, don’t live independently, and haven’t formed their own family unit. Each child needs a separate application with their own fees. You’ll need to provide identity documents and evidence of adequate support.

7. What are the differences between a Fiancé(e) Visa and a Spouse Visa?

A Fiancé(e) Visa is valid for 6 months with no work rights and requires getting married within that period. A Spouse Visa lasts 2 years and 9 months with full work rights and is for couples already married, in civil partnerships, or cohabiting for 2+ years.

8. What is the “10-Year Route” for Spouse Visas?

The 10-Year Route is for couples who can’t meet standard financial or English requirements. It requires demonstrating “insurmountable obstacles” to family life continuing outside the UK and takes 10 years to qualify for settlement instead of 5. Financial requirements are more flexible.

9. What documents prove a genuine relationship for a Spouse Visa?

Key documents include marriage/civil partnership certificates, evidence of ongoing contact, financial interdependence (joint accounts), cohabitation evidence (for unmarried partners), photographs together, and supporting statements from family and friends. The Home Office looks for consistent evidence of a genuine relationship.