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The UK Spouse Visa, allows eligible foreign nationals to live with their British citizen or settled partner in the UK. This visa is not granted automatically through marriage to a British citizen; instead, applicants must apply for the Spouse Visa to live in the UK with their partner. Eligible applicants include those who are married, in a civil partnership, or unmarried.

If granted, the Partner and Spouse Visa initially allows residence for up to 2 years and 9 months. It is possible to extend the stay and eventually obtain Indefinite Leave to Remain (ILR), enabling permanent residence in the UK without being subject to immigration rules. After obtaining ILR, individuals may be eligible to apply for British citizenship by marriage.

It’s important to note that the UK Spouse Visa is distinct from the UK Marriage Visitor Visa, which only allows individuals to come to the UK for marriage purposes, regardless of their partner’s citizenship.

What are the UK spouse visa requirements 2024

To qualify for a UK Spouse Visa, the following requirements must be met:

Relationship Eligibility:

  • The applicant and their partner must be legally married in a marriage recognised in the UK.
  • The relationship must be genuine and subsisting, and the couple must intend to live together permanently in the UK.
  • The partners must not be within a prohibited degree of relationship, and any previous relationship must have permanently broken down.
  • Both partners must be over 18 years old and have met in person.


Proof of Genuine Relationship

  • Marriage certificate, civil partnership certificate, or evidence of unmarried status.
  • Photographs of the couple together.
  • Communications between the couple, such as emails, letters, and social media messages.
  • Birth certificates of any children together.
  • Travel documents of holidays taken together and visits to each other’s home countries.
  • Proof of any gifts bought for each other.
  • Letters from friends and family confirming the relationship and supporting the application


Status of Sponsoring Partner:

  • The sponsoring partner must be a British or Irish citizen in the UK, or have indefinite leave to remain, settled status, or permanent residence in the UK.
  • Suitable accommodation


Financial Requirement:

  • The sponsoring partner must earn a gross annual income of at least £18,600 before spring 2024. Dependents this increases by £3,800 for the first dependent child and £2,400 for each additional child.
  • Evidence of meeting the financial requirements, such as bank statements, payslips, self employment or proof of savings.
  • Proof of income earned by the sponsoring partner.


Exemptions from the financial requirements 

  •  Personal Independence Payment
  •  Disability Living Allowance
  •  Industrial Injuries Disablement Benefit
  •  Carer’s Allowance
  •  Severe Disablement Allowance
  •  Attendance Allowance
  •  Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation

Sponsors are not required to demonstrate an income of £18,600 or more. However, applicants qualifying for exemption must still show they have sufficient funds to support themselves in the UK and adequate accommodation without access to public funds. For further assistance, please consult one of our immigration solicitors for advice.

Language requirements for a UK Spouse Visa

As an applicant for a partner or spouse visa, you must demonstrate your English language proficiency in one of the following ways:

  • By passing an English language test at a minimum level of A1 in speaking and writing from an approved testing center. If you plan to extend your stay in the UK, you will need to pass at least a CEFR level A2 test to show ongoing improvement.
  • By holding a degree or academic qualification that was taught in English.
  • You may be exempt from the English language requirement if you are over 65, have a physical or mental condition that prevents you from meeting the requirement, or if you are a national of 1 of these English-speaking 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

It’s important to note that the specific requirements may vary based on individual circumstances. Seeking advice from immigration lawyers or specialists is recommended to ensure a thorough understanding of the application process and eligibility criteria.

When can a spouse apply for indefinite leave to remain?

A spouse can apply for Indefinite Leave to Remain (ILR) after holding a spouse visa for a continuous period of 5 years. This includes the initial 30-month period and the subsequent 30-month extension. After completing 5 years in the UK on a spouse visa, the applicant may be eligible to apply for ILR, which allows them to live and work in the UK without any time restrictions.

It’s important to ensure that all the necessary requirements are met before applying for ILR, and seeking advice from immigration solicitors or specialists is recommended to ensure a thorough understanding of the application process and eligibility criteria.

What is the difference between a UK Spouse Visa and Partner Visa?

The UK Spouse Visa is intended for married couples or those in a civil partnership, while the Partner Visa is designed for unmarried couples. The Spouse Visa requires the applicant to be legally married or in a civil partnership, while the Partner Visa is for unmarried couples. Both visas have similar financial requirements, but the Spouse Visa generally has a higher fee and longer processing time. Additionally, the Spouse Visa must be applied for before entering the UK, whereas the Partner Visa can be applied for from within the UK.

Speak to our immigration solicitors today.

For a free initial consultation on your legal position and the available options, please call 01204 371414. You can also email enquiries@hisolicitors.co.uk or fill out our quick online enquiry form and we will get back to you.
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