Spouse Visa UK (Specialist Spouse Visa Solicitors UK)

A spouse visa, officially known as a "UK Spouse Visa" or "UK Marriage Visa," allows a non-UK citizen to live in the UK with their UK spouse, a British citizen, or a settled person. A spouse visa UK, also known as an Appendix FM partner visa, is granted based on the applicant's marriage to the qualifying UK partner. The spouse visa applications are made according to the requirements set out in Appendix FM of the Immigration Rules.

As a result of an application for entry clearance for a spouse visa, the applicant is granted initial leave for a period of 33 months. In case of an in-country application for switching to a spouse visa, the applicant is granted an initial leave for 2.5 years (30 months), and a further extension is also granted for another 2.5 years (30 months).

Yes, you can use the spouse visa fast-track service to get a faster decision on your spouse visa application.

You can use a Priority Service for your spouse visa application from outside the UK to get a decision on your application within 30 working days. 

You can use Super Priority Service for your in-country application for a spouse visa UK to get a decision on your spouse visa application within 24 hours. 

There are two spouse visa settlement routes, which are as follows:

Spouse Visa UK (5 Years Route)

Under the spouse visa 5 years route, you will become eligible to apply for Indefinite Leave to Remain (ILR) as a spouse 28 days before completing 5 years in the UK. Any time spent in the UK under the spouse visa 10 years route cannot be counted towards the spouse visa 5 years route to apply for ILR as a spouse.

Spouse Visa UK (10 Years Route)

Under a spouse visa (10 years route), you will become eligible to apply for Indefinite Leave to Remain (ILR) as a spouse 28 days before completing 10 years under the spouse visa (10 years route).

If you are at the early stages of a spouse visa 10 years route, you can consider switching a spouse visa (10 years route) to a spouse visa (5 years route) to qualify for Indefinite Leave to Remain (ILR) sooner under the spouse visa 5 years route.

Yes, you can switch from the spouse visa 10 years route to the spouse visa 5 years route at any time during the validity of your spouse visa 10 years route. It is better to switch to the 5-year route as soon as possible because your time for ILR under the spouse visa 5-year route will only start from the date you are granted initial leave to remain under the spouse visa 5-year route.

You can apply for a spouse visa UK any time after marrying your UK spouse, and there is no requirement under the law to wait for a certain period of time.

If you are under the spouse visa 5 years route, you can apply for ILR after completing 5 years continuously under the spouse visa 5 years route. An application for ILR can be made 28 days before the completion of 5 years under the spouse visa 5 years route. 

If you are under the spouse visa 10 years route, you can apply for ILR after completing 10 years continuously under the spouse visa 10 years route. An application for ILR can be made 28 days before the completion of 10 years under the spouse visa 10 years route. Time spent under 10 years route and 5 years route will all count towards completion of 10 years to qualify for ILR as a spouse under 10 years route. 

An applicant applying for spouse visa entry clearance or switching to a spouse visa must meet either: 

• the financial requirement of earning not less than £29,000; or
• adequate maintenance requirement if the applicant’s partner is in receipt of the listed benefits and thus exempt from meeting the income requirement of £29,000 gross per year. 

According to paragraph E-LTRP.3.5 of Appendix FM of the Immigration Rules, a person who already has a spouse visa under the 5 years route and is applying for extension or ILR as a spouse, must meet the transitional financial requirement of income, which is £18,600 gross per year if they made an initial application for entry clearance or permission to stay as a fiancé(e), proposed civil partner or partner/spouse under Appendix FM before 11 April 2024, which was successful.

Where the application's refusal can result in serious breaches of human rights laws, including Article 8 of the ECHR and Section 55 of BCIA 2009, the applicant may be able to rely on third-party support to meet the financial requirement. 

No, you cannot apply for a spouse visa from inside the UK if you are residing outside the UK. You should apply for spouse visa entry clearance from outside the UK to come to the UK to join your spouse in the UK. 

You can either submit a fresh application for a spouse visa in the UK or challenge the refusal decision by filing an appeal with the First Tier Tribunal (FTT), where an Immigration Judge will determine your appeal by considering all the evidence and information. 

Yes, you can submit a fresh spouse visa application if your application for a spouse visa has been refused by the Home Office and you do not believe there are good chances of success in your appeal against the spouse visa refusal decision. 

You and your UK spouse must be 18 or over for you to apply as a spouse.

Your UK spouse must also either:

• be a British or Irish citizen
• have settled in the UK - for example, they have indefinite leave to remain, settled status or proof of permanent residence
• be from the EU, Switzerland, Norway, Iceland or Liechtenstein and have pre-settled status - they must have started living in the UK before 1 January 2021
• have a Turkish Businessperson visa or Turkish Worker visa
• have protection status (leave to remain as a refugee, permission to stay as a refugee or a person with humanitarian protection)
• have permission to stay as a stateless person

Expert Knowledge: Premium solicitors possess extensive knowledge of the ever-evolving UK immigration laws. Their expertise covers all aspects of spouse visa applications, ensuring that every detail is meticulously addressed.

Personalised Service: Each case is unique, and our specialist spouse visa solicitors offer personalised advice tailored to the specific circumstances of each couple. This personalised approach helps in addressing individual concerns and complexities.

Comprehensive Documentation Support: The application process for a spouse visa involves substantial paperwork. Premium Solicitors assist in compiling and reviewing all necessary documents, ensuring that they meet the stringent requirements set by the Home Office.

Strategic Guidance: From initial consultation to final submission, our specialist spouse visa solicitors provide strategic guidance on the best approach for your spouse visa application. This includes advice on potential obstacles and how to overcome them effectively.

Reduced Stress: The application process can be stressful and time-consuming. Hiring a spouse visa solicitor at Premium Solicitors alleviates this burden, allowing applicants to focus on their personal lives while the solicitor handles the legal complexities.

Higher Success Rates: Due to their expertise and thorough approach, our specialist immigration solicitors achieve a very high success rate in partner visa applications.

Initial Consultation: The process begins with an in-depth consultation to assess the eligibility of the applicant and their spouse. This step involves reviewing relationship history, financial status, and other pertinent details.

Document Preparation: Our spouse visa solicitors guide applicants in gathering all required documents, including proof of relationship, financial statements, accommodation details, an English language certificate, etc. They ensure all documents are accurate and complete.

Application Submission: Once the documents are prepared, the solicitor completes the application form and submits it to the Home Office. They handle any correspondence and follow up on the application status.

Interview Preparation: If an interview is required, solicitors prepare the applicants, advising on potential questions and providing tips on how to present themselves effectively.

Decision on the Application: After submission, the solicitor keeps the applicants informed about the progress of their application and carries out all the follow-up work until a decision is made by the Home Office on the spouse visa application. 

You must be able to prove that:

• you are in a marriage that’s recognised in the UK and your relationship with your UK spouse is genuine and subsisting;
• have good knowledge of English
• meet the financial requirements
• meet the accommodation requirements

If you cannot meet all the requirements of the UK immigration rules for the spouse visa application, you may still be able to apply for a spouse visa if:

• you have a child in the UK who is a British or Irish citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave the UK
• it would breach your human rights to stop you coming to the UK or make you leave

To prove that you and your UK spouse live together as a couple, you can provide evidence that:

• comes from the government, a bank, landlord, utility provider, or a medical professional
• confirms your relationship with your partner - for example, that you live together, share expenses or are married or in a civil partnership
• a marriage certificate or civil partnership certificate
• a tenancy agreement, utility bills or council tax bills confirming that you live at the same address or pay bills together
• a bank statement from a joint bank account, or confirming that you live at the same address
• a letter from your doctor or dentist confirming that you live at the same address

If you do not have any evidence that meets these criteria, there is other evidence you can provide instead, including:

• a one-off bill like vet’s fees or home repair costs
• letters confirming you and your partner are on the voting register for the same address
• student finance paperwork confirming that you live at the same address

If you cannot live together because of work or study, or for cultural reasons, you’ll need to prove that you have an ongoing commitment to each other. You can do this by providing evidence that you:

• communicate regularly with each other  
• support each other financially  
• care for any children you have together  
• spend time together as a couple, for example, on holiday or at events

If you apply for a spouse visa from outside the UK to join your UK spouse, you can stay in the UK for 2 years and 9 months on this visa. If you apply for a spouse visa from inside the UK, you will be granted leave to remain as a spouse for 30 months. 

You’ll need to have information and some evidence ready when you make your UK partner visa application. You should include information for you and any dependants applying at the same time.

You’ll need to provide:

• all your names
• your date of birth
• your current passport or other valid travel ID
• copies of the photo page and any visa or entry stamps in your previous passports
• a copy of your biometric residence permit, if you have one
• details of any previous immigration applications you’ve made
• details of any criminal convictions
•  your national insurance number, if you have one
• your parents’ date of birth and nationality if you’re applying from outside the UK
• your tuberculosis test results if you’re from a country where you have to take the test
• a certified translation of any document that is not in English or Welsh

You’ll need to have a blank page in your passport on which to put the UK spouse visa if you’re applying from outside the UK. You’ll also need an email address to make an online application.

You’ll also need to:

• prove your knowledge of English
• give proof of your finances, if you’re not applying on the basis of your private life

You may need to provide other additional documents depending on your circumstances - for example a sponsorship form from your partner in the UK.

You can apply online for UK spouse visa entry clearance from outside the UK. 

If you are eligible to switch to a partner visa from within the UK, you can apply for a spouse visa online in the UK.

The following things can count as income:

• income from employment before tax and National Insurance (from P60 or payslips) - you can only use income earned in the UK
• income earned from self-employment or as a director of a limited company in the UK - this will be on a Self-assessment tax return
• cash savings above £16,000. The amount of cash savings required is dependent on the level of your income from employment and other permitted sources.
• money from a pension
• non-work income, for example from property rentals or dividend

You’ll need to provide proof of the income with your UK spouse visa application. 

If you (if you apply from inside the UK) or your family member are employed, you could include:

• bank statements showing your or their income
• 6 months of payslips, counting back from the day you apply
• a letter from an employer, dated and on headed paper

The employer’s letter should confirm:

• you or your family member are employed there
• the job title or position you or your family member hold
• how long you or your family member have worked there
• the type of contract (for example, permanent, fixed term)
• what you or your family member earn before tax and National Insurance
• how long you or your family member have been paid your current salary
• the payslips are genuine

You’ll be told exactly what documents to provide when you apply online.

You’ll need to follow extra guidance if:

• you or your family member’s income is not from employment, for example it’s from running a limited company, savings, or a pension
• you or your family member have taken maternity or paternity leave in the last 6 months
• you want to combine different income sources

For an entry clearance application for a UK spouse visa from outside the UK, the employment or self-employment income of the UK spouse is counted and not that of the applicant. 

To apply for your UK spouse visa, you’ll be asked about your UK spouse's:

• name
• date of birth
• nationality
• passport
• right to be in the UK, for example, they’re a British citizen

You’ll also need to give details of:

• any people your spouse was previously married to, in a civil partnership with or had children with
• evidence of marriages ending, for example, a divorce certificate
• anyone your spouse supports with money, for example, their parents

You’ll need to include details of anyone you previously married or had children with. Include evidence of marriages ending, for example a divorce certificate.

You’ll need to give details of your children (and your spouse’s children if you have one). You’ll be asked about all children, even if they’re not applying.

You’ll need to give details of:

• their name
• their nationality
• their date of birth
• their passport details
• who the child normally lives with
• any other people with parental responsibility for your child, for example your step children’s other parents
• how you’re involved in their day to day life
• arrangements you have to see the child - for example the courts have granted you access
• the child’s extended family
• any countries your child has visited or lived in

You can apply for a fee waiver if you cannot pay the fee because you:

• do not have a place to live and cannot afford one
• have a place to live but cannot afford essential living costs like food or heating
• have a very low income and paying the fee would harm your child’s wellbeing

Apply for a fee waiver online from outside the UK.

Apply for a fee waiver online from inside the UK.

If you apply outside the UK, you’ll usually get a decision within 60 working days under the standard service and within 30 working days under the Priority Service. 

If you apply from inside the UK, you will get a decision within 8 weeks under the normal service and within 24 hours under the Super Priority Service. 

If you apply inside the UK and you do not meet the financial requirements and English language requirements, it currently takes about 12 months to get a decision.

You can add children to your application as dependants if both of the following apply:

• they are under 18 when you apply, or were under 18 when they were first granted leave 
• they do not live an independent life

Your child is living an independent life if, for example, they’ve left home, got married and had children.

If your child is from your previous relationship, you must prove that you have had the sole responsibility for the upbringing of your child for your child's application to be successful. 

If you are a spouse of a British Citizen, you can apply for naturalisation immediately after the grant of Indefinite Leave to Remain (ILR); otherwise, you should wait 12 months after the ILR grant date before you can apply for naturalisation as a British Citizen. 

Where the applicant has to meet the minimum income threshold, the financial requirement can generally be met in the following 5 ways:

• Income from salaried or non-salaried employment of the partner (and/or the applicant if they are in the UK with permission to work). Depending on the employment history, this is referred to as Category A or Category B.
• Non-employment income, e.g. income from property rental or dividends from shares. This is referred to as Category C.
• Cash savings of the applicant’s partner and/or the applicant, above £16,000, held by the partner and/or the applicant for at least 6 months and under their control. This is referred to as Category D.
• State (UK or foreign), occupational or private pension of the applicant’s partner and/or the applicant. This is referred to as Category E.
• Income from self-employment, and income as a director or employee of a specified limited company in the UK, of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category F or Category G, depending on which financial year(s) is or are being relied upon.

Where the applicant’s spouse is in receipt of any of the following benefits or allowances in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold of £29,000:

• Carer’s Allowance.
• Disability Living Allowance.
• Severe Disablement Allowance.
• Industrial Injuries Disablement Benefit.
• Attendance Allowance.
• Personal Independence Payment (PIP).
• Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
• Constant Attendance Allowance, Mobility Supplement, or War Disablement Pension under the War Pensions Scheme.
• Police Injury Pension.

If the applicant’s spouse is receiving one of the above benefits or allowances on behalf of their child, the applicant will be able to qualify by meeting the financial requirement through “adequate maintenance.” The evidence required to demonstrate that the applicant’s partner is in receipt of a specified benefit or allowance is specified in Appendix FM-SE.

The Home Office UKVI will use the following formula to determine whether you meet the adequate maintenance requirement for your spouse visa application:

A – B ≥ C (A minus B is greater than or equal to C)
Where:
A is the net income (after deduction of income tax and National Insurance contributions);
B is housing costs (Rent and Council Tax); and
C is the amount of Income Support an equivalent British family of that size can receive.

The applicant must provide specified evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family owns or occupies exclusively: accommodation will not be regarded as adequate if-

1. it is, or will be, overcrowded; or
2. it contravenes public health regulations.

We charge a reasonable fixed fee to handle your application for a UK spouse visa, and our fixed fee will cover all our work on your application until a decision is made by the Home Office on your spouse visa application.

You can check our fixed fee for spouse visa UK by visiting our page - Our Fixed Fees For Family Visa Applications