UK Spouse Visa Guide

spouse visa

IN THIS ARTICLE

The UK spouse visa is a route under the Family visa category of the Immigration Rules that allows the husband, wife, civil partner or certain unmarried partners of a British citizen or settled person to join them in the UK, or remain here, on a long-term basis. It is governed primarily by Appendix FM of the Immigration Rules and is one of the most heavily scrutinised family migration routes due to the need for applicants to prove both the genuineness of their relationship and that they can be financially supported without recourse to public funds.

This route is significant because it leads to settlement (Indefinite Leave to Remain) and eventually British citizenship, provided the eligibility criteria continue to be met throughout the qualifying period. However, the application process is evidentially complex, with strict documentary rules that must be followed precisely to avoid refusal.

What this article is about: This guide provides a full, legally accurate breakdown of the UK spouse visa requirements and process, written for both applicants and their sponsoring partners. It explains the relationship, financial and English language criteria, the types of evidence required, how to apply from inside or outside the UK, visa length and conditions, extension and settlement stages, and the risks of non-compliance. All information is aligned with the Immigration Rules, Home Office policy guidance, and current fee structures.

 

Section A: Eligibility Requirements

 

To qualify for a UK spouse visa, the applicant must meet the relationship, sponsor status, and suitability requirements set out under Appendix FM of the Immigration Rules. These are designed to ensure that only genuine partners of British citizens and certain other categories are granted leave to enter or remain under this route.

 

1. Relationship Criteria

 

The applicant and sponsor must be in a marriage or civil partnership that is recognised under UK law, or be able to prove they are in a relationship akin to marriage and have been living together for at least two consecutive years prior to the application date.

For married or civil partners:

  • The marriage or civil partnership must be valid in the country where it took place.
  • Both parties must be aged 18 or over.
  • The relationship must be genuine and subsisting — meaning the couple intend to live together permanently in the UK.

 

For unmarried partners:

  • There must be evidence of cohabitation for a minimum of 2 years.
  • Cohabitation must have been in a relationship similar to marriage or civil partnership, not just as flatmates or friends.

 

Evidence to prove a genuine and subsisting relationship may include:

  • Joint tenancy agreements or mortgage statements.
  • Joint bank statements.
  • Utility bills in both names at the same address.
  • Correspondence addressed to each partner at the same address over a period of time.
  • Photos, travel tickets, and records of visits.

 

The Home Office applies a subjective assessment, looking at the quality and consistency of evidence. They may interview applicants or request further documents if they have doubts.

 

2. Immigration Status of the Sponsor

 

The UK-based sponsor must fall into one of the following categories:

  • British citizen.
  • Holder of Indefinite Leave to Remain (ILR) or settled status under the EU Settlement Scheme.
  • Refugee status or humanitarian protection in the UK.

 

A sponsor cannot usually rely on temporary immigration status, such as a Skilled Worker visa, to bring a partner under the spouse route, unless and until they obtain settlement.

 

3. Suitability Requirements

 

In addition to meeting the relationship and sponsor criteria, the applicant must satisfy the suitability requirements under Appendix FM. These are designed to protect the public interest and maintain the integrity of the immigration system.

Key suitability grounds for refusal include:

  • Criminal convictions resulting in a custodial sentence of 12 months or more.
  • Current or previous involvement in immigration deception, such as using false documents.
  • Outstanding NHS debts over £500.
  • Breach of immigration conditions or overstaying, unless exceptions apply under paragraph EX.1 of Appendix FM.

 

Some grounds for refusal are mandatory, while others are discretionary, meaning the Home Office may take into account mitigating circumstances.

Section Summary: To be eligible for a UK spouse visa, the applicant must prove a genuine and subsisting relationship with a qualifying sponsor who holds British citizenship, settled status, or certain protected statuses, and must also meet the Home Office’s suitability requirements. The burden of proof lies with the applicant, and failure to submit adequate evidence can lead to refusal even if the relationship is genuine.

 

Section B: Financial Requirement

 

The UK spouse visa route has a mandatory minimum income threshold which the sponsoring partner must meet unless an exemption applies. This requirement exists to ensure that the couple can be supported without recourse to public funds, and it is one of the most common reasons for refusal due to the strict evidential rules under Appendix FM-SE.

 

1. Minimum Income Threshold

 

From 11 April 2024, the standard minimum income threshold for sponsoring a spouse is £29,000 gross per year. This is the first stage of a phased increase announced by the UK Government, with a further planned rise to £38,700 at a later date (no confirmed date yet). The threshold applies regardless of whether the couple has dependent children. The calculation is based on the sponsor’s income (and in some cases the applicant’s income if applying from within the UK), and it must be evidenced in a prescribed format.

Applicants should be aware of transitional provisions: those who applied before 11 April 2024 remain subject to the old threshold of £18,600 for linked applications, provided they remain on the same route without gaps in leave.

 

2. Income Sources

 

The Home Office recognises the following main categories of income for meeting the requirement:

  • Employment income (Category A or B): From a UK-based employer, with specific rules for duration and amount.
  • Self-employment income: From sole trading, partnership, or company directorship.
  • Pension income: State, occupational, or private pensions.
  • Non-employment income: Rental income, dividends, investments.
  • Cash savings: Savings above £16,000 held for at least 6 months can be used alone or in combination with income.

 

When relying solely on cash savings, the amount required is £88,500 to meet the £29,000 threshold (calculated using the formula in Appendix FM-SE).

Strict documentary rules apply — for example, payslips must be accompanied by matching bank statements, and self-employed applicants must provide a full year’s tax and accounting records.

 

3. Exemptions and Adequate Maintenance

 

Certain applicants are exempt from the income threshold if the sponsor is in receipt of specific benefits, such as:

  • Disability Living Allowance.
  • Carer’s Allowance.
  • Armed Forces Independence Payment.

 

In these cases, the couple must instead meet the adequate maintenance test, which assesses whether after housing costs their income is sufficient to support the family in line with UK benefit levels. The calculation is based on the applicable Income Support rate for the household and considers net income after housing costs. Appendix FM-SE evidential rules still apply.

 

4. Evidence and Documentation

 

All financial evidence must comply with Appendix FM-SE. Non-compliance on even a small point, such as missing pages or incorrect date ranges, can result in refusal.

Examples of required documents include:

  • Six months’ payslips and corresponding bank statements.
  • Employer letter confirming job title, salary, and start date.
  • Latest P60.
  • For self-employed sponsors: tax return (SA300/SA302), HMRC tax year overview, annual accounts, and proof of registration.
  • Proof of savings: bank statements covering the full six-month period showing the required balance.

 

Section Summary: The financial requirement is one of the most rigid parts of the spouse visa application. Sponsors must meet the minimum income threshold through approved income sources or cash savings, unless exempt. All evidence must follow Appendix FM-SE exactly to avoid refusal, and transitional provisions or exemptions may affect which rules apply.

 

Section C: English Language Requirement

 

The English language requirement ensures that those granted a UK spouse visa can integrate into society, work, and participate in daily life. It applies to most applicants unless a specific exemption is met. This requirement is set out in Appendix English Language of the Immigration Rules and is strictly enforced.

 

1. Accepted Tests and Qualifications

 

Most applicants meet the requirement by passing an approved Secure English Language Test (SELT) at the correct level, taken with a provider on the UK Government’s approved list. Applicants must check the current GOV.UK list before booking, as approved providers can change.

For the initial spouse visa application, the required level is A1 of the Common European Framework of Reference for Languages (CEFR) in speaking and listening. This is a basic level, demonstrating the ability to understand and use everyday expressions.

For extension applications (FLR(M)), the level increases to A2 CEFR in speaking and listening, showing progression in language skills.

The Home Office accepts:

  • SELTS from approved providers such as IELTS Life Skills or Trinity College London.
  • A degree-level academic qualification taught in English (must be verified via UK ENIC if awarded outside the UK).

 

The test must be taken no more than 2 years before the application date unless it is at B1 level or above, in which case it may be reused for settlement applications.

 

2. Exemptions

 

Applicants are exempt from the English language requirement if they are:

  • Aged 65 or over.
  • Unable to meet the requirement due to a physical or mental condition (supported by medical evidence).
  • Nationals of a majority English-speaking country as defined by the Immigration Rules, including the USA, Canada, Australia, and New Zealand.

 

Those relying on exemptions must still provide supporting evidence to prove eligibility.

 

3. Renewals and Higher CEFR Levels

 

While the initial and extension stages require A1 and A2 levels respectively, the settlement stage (Indefinite Leave to Remain) requires B1 CEFR in speaking and listening. At this point, the applicant must also pass the Life in the UK Test.

Meeting the English language requirement early — for example, taking a B1 test for the first application — can save costs and avoid repeating tests later, provided it is still valid at the ILR stage.

Section Summary: Most spouse visa applicants must prove English language ability through an approved SELT or academic qualification. The required level increases at each visa stage, and exemptions apply only in limited circumstances. Evidence must be in the correct format and from approved sources to be accepted by the Home Office.

 

Section D: Application Process

 

The application process for a UK spouse visa is detailed and evidence-driven, with distinct procedures depending on whether the applicant is applying from inside or outside the UK. Understanding the correct process for your circumstances is crucial to avoid refusal or delays.

 

1. Applying from Outside the UK

 

Applicants applying from overseas must submit an online application via the GOV.UK portal for a Family visa. The steps include:

  • Completing the online form with accurate and truthful information.
  • Paying the application fee and Immigration Health Surcharge (IHS).
  • Booking and attending a biometric appointment at a visa application centre in their country of residence.
  • Submitting all required supporting documents either electronically or in person, depending on local VAC procedures.

 

Processing time is typically up to 12 weeks from the date of biometrics, although delays are possible depending on case complexity. Priority and super priority services are available in some countries for faster decisions.

If granted, the applicant will receive a 30-day or 90-day entry vignette in their passport, which allows them to travel to the UK. Once in the UK, they must collect their Biometric Residence Permit (BRP) from the designated Post Office within 10 days of arrival.

 

2. Applying from Inside the UK (Switching/Extending)

 

Applicants already in the UK may be able to switch to the spouse visa (FLR(M)) if they currently hold an eligible visa, such as a Skilled Worker visa, Student visa, fiancé(e) visa, or another family route. Visitors, short-term visa holders, and those on immigration bail cannot switch and must leave the UK to apply.

For in-country applications, the steps are similar to those for overseas applicants:

  • Complete the FLR(M) online form.
  • Pay the relevant fee and IHS.
  • Book and attend a UKVCAS biometric appointment.
  • Upload all evidence in line with Appendix FM-SE requirements.

 

Processing time is typically up to 8 weeks, with a super priority 1-working-day service available at some centres for an additional fee.

 

3. Processing Times and Fees

 

From 2025, the standard fees for spouse visa applications are:

  • Outside the UK: £1,846.
  • Inside the UK: £1,048.

 

The Immigration Health Surcharge (IHS) is £1,035 per year of leave granted. Applicants from outside the UK usually pay £3,105 for a 2 years 9 months visa.

Priority services add significant cost but can be useful for urgent applications, subject to availability.

 

4. Decision and Conditions

 

If approved, a spouse visa grants:

  • Outside UK applications: 2 years 9 months leave to enter.
  • Inside UK applications: 2 years 6 months leave to remain.

 

Visa holders can:

  • Work without restriction (including self-employment), subject to licensing requirements for regulated professions.
  • Study in the UK.
  • Travel in and out of the UK freely, subject to maintaining continuous residence for ILR.

 

They cannot access public funds unless an exception applies.

Section Summary: The spouse visa application process requires strict compliance with procedural and evidential rules, whether applying from inside or outside the UK. Timely submission, correct fee payment, and accurate evidence presentation are essential for a successful outcome.

 

Section E: Extending and Settlement

 

A UK spouse visa is granted for an initial period of 2 years 6 months (in-country) or 2 years 9 months (overseas applications). To remain in the UK beyond this, applicants must apply for an extension before their current leave expires. After meeting the required residence period, they may apply for Indefinite Leave to Remain (ILR) and, later, British citizenship.

 

1. Extension Applications

 

The spouse visa extension is applied for using the FLR(M) form online. The eligibility requirements for an extension are broadly the same as the initial application, meaning the applicant must still:

  • Be in a genuine and subsisting relationship with the sponsoring partner.
  • Meet the financial requirement (which may have increased since the first grant).
  • Meet the English language requirement at the higher A2 level.
  • Satisfy the suitability requirements under Appendix FM.

 

Applicants must submit updated evidence to cover the period since the first grant, such as joint bills, tenancy agreements, and bank statements showing cohabitation. Any gaps in evidence can result in a refusal unless adequately explained.

 

2. Continuous Residence Rules

 

The 5-year route to ILR under Appendix FM requires applicants to complete two consecutive periods of spouse leave without significant breaks. Absences from the UK must be limited, as excessive time abroad can raise doubts about the genuine and subsisting nature of the relationship. While there is no set maximum absence period under Appendix FM, the Home Office can refuse if evidence suggests the couple are not truly living together in the UK.

If the applicant does not meet all the requirements for an extension under the 5-year route, they may be granted further leave under the 10-year route instead, delaying settlement eligibility.

 

3. Indefinite Leave to Remain (ILR)

 

After 5 years on the spouse visa route, an applicant can apply for ILR if they meet the following:

  • Still in a genuine and subsisting relationship with the sponsor.
  • Meet the financial requirement in force at the time of application.
  • Meet the English language requirement at B1 CEFR or higher.
  • Pass the Life in the UK Test.
  • Have complied with immigration conditions throughout the period.

 

ILR grants permanent residence, removing immigration time restrictions and allowing access to public funds. However, ILR can be lost if the holder spends more than 2 years outside the UK. Those who lose ILR may be able to return under the Returning Resident visa route.

 

4. British Citizenship

 

Once ILR is obtained, many spouses choose to apply for British citizenship. If married to a British citizen, they can apply immediately after gaining ILR, provided they meet residence and good character requirements.

Section Summary: The spouse visa route is a pathway to permanent settlement in the UK, provided the applicant continues to meet the relationship, financial, and language requirements at each stage. Timely extensions and careful compliance with conditions are essential to securing ILR and, if desired, British citizenship.

 

FAQs

 

Can I apply for a spouse visa if I’m unemployed?

 

Yes, but the sponsoring partner must still meet the financial requirement, either through their own income, the applicant’s eligible income (if applying in-country), or cash savings. The applicant’s unemployment is not in itself a bar to the application.

 

How long does a UK spouse visa take to be approved?

 

Processing times vary. Overseas applications typically take up to 12 weeks, while in-country applications take around 8 weeks. Priority and super priority services can reduce waiting times to as little as 1 working day in some cases, depending on availability.

 

Can I work on a UK spouse visa?

 

Yes, spouse visa holders can work without restriction, including in self-employment, once their visa is granted.

 

What happens if my relationship ends before I get ILR?

 

If the relationship ends, the visa will usually be curtailed. The applicant may need to leave the UK or switch into another eligible immigration category, such as a Skilled Worker visa, if they qualify.

 

Can I apply for a spouse visa without meeting the financial requirement?

 

In limited cases, yes — if the sponsor is in receipt of certain benefits, the couple can instead meet the adequate maintenance test. Exceptional circumstances under paragraph EX.1 of Appendix FM can also apply, particularly where there are children involved.

 

Conclusion

 

The UK spouse visa offers a route for partners of British citizens and settled persons to live together in the UK with the right to work and study. However, it remains one of the most stringent visa categories, with rigid evidential requirements that must be met at each stage of the process — initial application, extension, and settlement.

For applicants, the key to success is thorough preparation: ensuring that every requirement under Appendix FM and Appendix FM-SE is satisfied, from the genuineness of the relationship to the precise financial documentation. For sponsors, awareness of income thresholds, rule changes, and the need to maintain a stable UK presence is critical.

Those who plan ahead, keep consistent records, and respond quickly to Home Office requests are best placed to avoid delays and refusals. For many couples, obtaining a spouse visa is the first step toward building a secure life in the UK, leading to permanent residence and, eventually, citizenship.

 

Glossary

 

Term Definition
Appendix FM The section of the UK Immigration Rules that sets out the requirements for family visa routes, including spouse visas.
Appendix FM-SE The part of the Immigration Rules specifying the exact documents and evidence required to meet the financial requirement.
FLR(M) Further Leave to Remain (Marriage) – the in-country application form used to extend a spouse visa.
Adequate Maintenance Test A financial test applied when the sponsor is in receipt of certain benefits, ensuring the couple has enough income to live on without public funds.
Settlement (ILR) Indefinite Leave to Remain – permanent residence status in the UK, with no time limit on stay.

 

Useful Links

 

Resource URL
GOV.UK – Apply for a Family Visa (Spouse) https://www.gov.uk/uk-family-visa
GOV.UK – Financial Requirement Guidance https://www.gov.uk/uk-family-visa/financial-requirement
GOV.UK – English Language Requirement https://www.gov.uk/english-language
DavidsonMorris – Spouse Visa Guide https://www.davidsonmorris.com/spouse-visa-uk/

 

author avatar
Gill Laing
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law. Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing & Content Agency for the Professional Services Sector.

Legal disclaimer

 

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

skilled worker visa to ilr

Subscribe to our newsletter

Filled with practical insights, news and trends, you can stay informed and be inspired to take your business forward with energy and confidence.