UK Spouse Visa Solicitors
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UK Spouse Visa
What is the UK Spouse Visa?
The spouse visa (also referred to as the Partner and Spouse visa) enables an eligible foreign national to join and live with their partner in the UK if they are a British citizen or settled person (e.g. a person with Indefinite Leave to Remain or EU Settled Status).
You do not automatically get the right to live in the UK through marriage to a British citizen. You would have to apply for a Spouse Visa to live in the UK with your partner. Eligible applicants include those who are married, in a civil partnership, or unmarried.
To obtain a Partner and Spouse Visa, the applicants must meet a set of eligibility criteria as outlined in detail below. If you are granted a Partner and Spouse Visa, it would initially be granted for up to 2 years and 9 months. Following this period, it would then be possible to extend your stay and later acquire an Indefinite Leave to Remain (ILR), allowing you to remain permanently in the UK without being subject to immigration rules. After gaining ILR, you might be eligible to apply for British citizenship by marriage.
Spouse Visa Requirements
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Spouse Visa Financial Requirement
The minimum gross annual income required to sponsor a spouse or partner visa was increased to £29,000 in April 2024, and remains in effect as of 2025.
The UK government initially planned to raise this further in phases, to £34,500 and ultimately £38,700, but those increases have been paused pending a review by the Migration Advisory Committee (MAC). The current threshold of £29,000 remains in effect as of April 2025.
The previous system of additional income per child (£3,800 for the first child, £2,400 for each additional child) has also been discontinued. Under the new rules, the income requirement is a flat rate, regardless of the number of children being sponsored.
The source of income also matters, and only the following income 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.
Exemptions from meeting the financial requirement are available where a sponsor is receiving income from any of the following sources:
- Disability living allowance;
- Severe disablement allowance;
- 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.
This means that sponsors who qualify for an exemption from the standard £29,000 income requirement do not need to demonstrate they earn that amount. However, even when an exemption applies, the applicant must still show they can be adequately maintained in the UK. This includes providing evidence that they have sufficient financial support to cover living expenses, and that they will be living in accommodation that is suitable, not overcrowded, and secured without needing access to public funds.
English Language Requirement
As a Partner and Spouse Visa applicant, you will need to show that you have sufficient knowledge of the English language; this can be achieved in 3 ways:
- Passing an English language test: You will meet the English language requirement by passing a speaking and listening test at CEFR Level A1 with a Home Office-approved Secure English Language Test (SELT) provider. Writing and reading are not required for the Spouse Visa route. If you wish to extend your stay in the UK at a later date, you must be able to pass a CEFR Level A2 test, showing continued progress in your English language ability.
- Academic qualifications:You will also meet the English language requirement if you hold a degree or academic qualification that was taught or researched in English. If your qualification was awarded outside the UK, you will need to provide confirmation from Ecctis that your degree is equivalent to a UK academic qualification.
There are exemptions to this requirement as follows:
- 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.
Spouse Visa to ILR
Once you have resided in the UK for 5 years on your Partner and Spouse Visa, you will be able to apply for ILR. This will mean you can remain permanently in the UK and will no longer be subject to immigration control. To obtain ILR, you will need to:
- Have lived in the UK for 5 years on a family visa as a partner;
- Be in a genuine and subsisting relationship with your partner, including during any extensions
- Be in a genuine and subsisting relationship with your partner;
- Intend to continue your relationship after you apply for ILR;
- Meet the English language and Life in the UK requirements;
- Prove you have suitable accommodation;
- Continue to meet the financial requirements
What Happens if Spouse Visa is Refused?
There are several grounds on which an application for a Partner and Spouse Visa may be refused, including if:
- The Secretary of State determines that the exclusion of an applicant from the UK is conducive to the public good;
- The applicant is subject to a deportation order as of the date of application;
- The exclusion of the applicant from the UK has been deemed conducive to the public good as a result of the applicant’s conduct, character, or association;
- Without a reasonable excuse, the applicant failed to show up for a compulsory interview, provide specified information, undergo a medical examination, or report when required to do so. It is immaterial whether the misrepresentation is intentional or known to the applicant or not;
- It is undesirable to grant entry clearance for medical reasons;
- The mandatory IHS surcharge, alongside other compulsory charges, have not been paid;
- You have not provided sufficient evidence of maintenance and accommodation.
If your Partner or Spouse Visa application has been refused, or if you’re unsure whether you meet the requirements, our immigration solicitors can advise you on your options and guide you through the next steps to help you achieve a successful outcome.
