A spouse visa lets you live in the UK with your husband, wife, or civil partner. To qualify, you need to meet requirements covering your relationship, money, housing, English language, and immigration history. This guide explains each one and what the Home Office will look for.
Who can apply
You can apply if your partner is:
- a British or Irish citizen
- settled in the UK, for example with Indefinite Leave to Remain or settled status under the EU Settlement Scheme
- in the UK with refugee status or humanitarian protection
The requirements are set out in Appendix FM, the part of the Immigration Rules that covers family visas. Unmarried partners who have lived together for at least two years can apply on a similar basis. If you plan to marry in the UK, a fiancé or fiancée visa may be the right first step.
Your relationship
You and your partner must:
- both be 18 or over
- be legally married, or in a civil partnership, in a way recognised in the UK
- not be too closely related to each other
- have met in person
- be in a genuine and subsisting relationship, meaning it is real and continuing
- intend to live together permanently in the UK
Any previous marriage or civil partnership must have legally ended. The Home Office may look at evidence such as photos, messages, time spent together, and your plans for living together.
The financial requirement
You need to show that you meet the minimum income requirement, a set level of income or savings. The figure changes from time to time, so check the current amount on GOV.UK before you apply.
Your partner's income counts, and so can yours if you are already in the UK with permission to work. You can meet the requirement through one or more of:
- income from employment or self-employment
- other income, such as from rental property or investments
- pension income
- cash savings, which usually need to have been held for at least six months
The evidence rules are strict. The Home Office expects specific documents, such as payslips, bank statements, and employer letters, covering set periods. An application can be refused because one required document is missing or in the wrong form.
If your partner receives certain disability or carer's benefits, a different test applies. Instead of meeting the set income figure, you need to show you can be adequately supported without relying on public funds, which means most state benefits.
In exceptional cases, where refusal would lead to unjustifiably harsh consequences for you or your family, other sources of money can sometimes be taken into account.
Accommodation
You must have adequate accommodation for you and any dependants, without relying on public funds. The home can be owned or rented, and you can live with relatives. It must not be overcrowded, and it must meet public health standards.
If you share a home with others, you will usually need at least one room that is for your family's use only.
English language
You must show you can speak and understand English to a basic level. You can usually do this by:
- passing an approved English test with an approved test provider
- having an academic degree taught in English
- being a national of a majority English-speaking country listed in the rules
Exemptions can apply, for example if you are 65 or over, or have a disability or medical condition that prevents you from meeting the requirement. A higher level is needed when you extend your visa and when you apply for settlement. English language requirements can change, so check the current level on GOV.UK.
Other requirements
The Home Office will also look at:
- suitability, which covers criminal convictions, previous immigration breaches, unpaid NHS debts, and false information given in past applications
- your current immigration status, because if you apply from inside the UK, you usually cannot switch to a spouse visa while you are here as a visitor or on permission of six months or less
- tuberculosis (TB) testing, because applicants from some countries need a TB test certificate from an approved clinic
You also pay an application fee and the Immigration Health Surcharge, a charge for using the NHS. Check the current amounts on GOV.UK.
How long it lasts
A spouse visa is usually granted for 33 months if you apply from outside the UK, or 30 months if you apply from inside. You then apply to extend it.
Under the current five-year partner route, you can usually apply for Indefinite Leave to Remain after five years. Settlement rules are under review and may change, so check the position on GOV.UK nearer the time.
If your application is refused, you may be able to challenge the decision. See visa refusals and appeals.
Get advice on your situation
This guide is general information, not legal advice. How the rules apply depends on your circumstances, so please don't rely on this guide alone. Speak to a solicitor before you make a decision or send an application.
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