UK Spouse Visa 2024

A UK Spouse visa, also known as a marriage visa, allows you to join your spouse in the UK if they are a British citizen, have settled status (Indefinite Leave to Remain), have refugee status, or have humanitarian protection. This visa grants you the right to live, work, and study in the UK and is initially granted for 30 months, with the possibility of extension and eventual permanent residency. In this post, we discuss the UK Spouse Visa application process in 2024. 

Spouse Visa Application Requirements

Appendix FM of the Immigration Rules outlines the criteria applicants must meet to qualify for a Spouse Visa. These include demonstrating the immigration status of their spouse, proving their genuine relationship, meeting financial requirements, showing adequate accommodation, and in some cases, demonstrating English language proficiency (unless exempt). Additionally, applicants must provide evidence of being free from tuberculosis.

Spouse’s UK Immigration Status

To qualify for a UK Spouse Visa, your partner must be one of the following:

• A British or Irish citizen living in the UK, including those returning to the UK with you.
• Someone with indefinite leave to remain, settled status, or permanent residence in the UK.
• Someone with pre-settled status under Appendix EU.
• A Turkish Businessperson or Turkish Worker with limited leave to remain.
• Someone with refugee leave or humanitarian protection status in the UK.

Genuine Relationship Requirement

To qualify, you and your partner must meet the following criteria relationship criteria:

• Both of you are over 18 years old.
• You are not closely related.
• You have met in person.
• You are legally married in a marriage recognized in the UK.
• Your relationship is genuine and ongoing.
• You intend to live together permanently in the UK.
• Any previous relationships have ended permanently.

The term ‘Spouse’ includes married couples, civil partners, and unmarried partners who have been in a relationship similar to marriage for at least two years before applying. You must provide evidence that your relationship is genuine and ongoing.

Financial Requirement

On 11 April 2024, a new minimum income threshold was introduced for Spouse Visa applicants under Appendix FM, increasing from £18,600 to £29,000. This change is part of measures to reduce net migration and curb immigration abuse. The threshold will rise to £34,500 later in 2024 and to £38,700 in early 2025. 

The applicable financial requirement depends on the application date. If you applied for a fiancé, fiancée, or proposed civil partner visa before April 11, 2024, you only need to meet the previous £18,600 threshold.

The financial requirement can be met in the following ways, provided the income and savings are lawfully derived and in the name of the applicant, their spouse, or jointly:

• Income from salaried or non-salaried employment of the UK spouse (and/or the applicant if they have permission to work in the UK).
• Non-employment income, such as property rental income.
• Pension income from a state, occupational, or private pension.
• Self-employment income as a director or employee of a specified company in the UK.
• Cash savings of the applicant and/or spouse, above £16,000, held for at least six months and under their control.

The rules specify the evidence required to demonstrate income or savings. For instance, if your spouse has been employed in the UK with the same employer for over six months and earns £35,000 annually, they can provide specified evidence to meet the £29,000 requirement.

You can satisfy the financial requirement solely with cash savings of £88,500 or more. 

Accommodation Requirement

Applicants must show that adequate accommodation will be available for their family upon arrival in the UK. This accommodation must be legally occupied by the family and provide exclusive use of at least one bedroom (or more, depending on the number, age, and gender of family members).

Accommodation can be shared with other family members, such as the sponsor’s parents, as long as the parents have their own exclusive bedroom within the same property.

Accommodation is considered inadequate if it is overcrowded according to public health regulations under the Housing Act 1985.

For example, if the sponsor rents a one-bedroom apartment with a living room, there are two rooms for sleeping. This home is not overcrowded, as it can accommodate up to three people, providing sufficient space for the sponsor and their spouse.

In some cases where there are multiple occupants, it may be advisable to provide a Housing Report to demonstrate adequate accommodation. 

English Language Proficiency Requirement

Applicants over 65 years of age, who have a physical or mental disability or those who are nationals of an English-speaking country do not need to demonstrate English language proficiency. 

Other applicants can prove their knowledge of English through an academic qualification or by taking an approved test.

If your qualification is from a UK university or college, only your degree certificate is required.

If your qualification is from a university or college outside the UK, you must provide a certificate from Ecctis (formerly UK NARIC) to show that your qualification is equivalent to a UK bachelor’s degree or higher and was taught in English. There are two types of certificates:

• Statement of Comparability: Required if your qualification is from a university or college in: Antigua and Barbuda, Australia, The Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Ireland, Jamaica, Malta, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago or USA.

• Visa and Nationality Statement: Required if your qualification is from a university or college in any other country.

You can also prove your English proficiency by passing an approved English language test. For your first visa application, you must pass at least level A1 on the Common European Framework of Reference for Languages (CEFR) scale. You may choose to take a higher-level test.

If you pass level B1 or higher, you can use your test result when applying for settlement after five years. The test must be on the approved list of qualifications, and your test certificate must not have been withdrawn by the test provider.

Suitability Requirements

Suitability requirements ensure that individuals granted visas to enter or remain in the UK meet standards of good character and lawful behaviour. These criteria are divided into mandatory (such as criminal convictions) and discretionary grounds (such as a failure to disclose material information) for refusal.

TB Test Certificate

Spouse visa applicants must undergo a tuberculosis (TB) test if they have lived in a country listed by the UK government where a TB test is required for stays of 6 months or more. Additionally, this requirement applies if they were residing in any of these countries, or another listed country, within the last 6 months before applying for the visa. This test ensures that applicants do not pose a health risk due to TB upon entering the UK.

UK Spouse Visa Fees in 2024

The UK spouse visa application fee is £1,048 for applications made within the UK and £1,846 for applications made outside the UK. Additional costs include the Immigration Healthcare Surcharge of £1,035 per year and a biometric fee of £19.20. 

Outside the UK, applicants can opt for Priority Settlement Services by paying an additional £500 to receive a decision within 30 working days as compared to the standard processing time of up to 24 weeks. 

UK Spouse Visa Documents Checklist

The most common reason for Spouse Visa rejections is inadequate supporting documents. The Immigration Rules outline specific requirements that vary case by case. Using generic checklists can be risky; tailored advice from an immigration adviser is crucial to ensure all necessary documents are correctly prepared. Missing or incorrectly formatted documents may result in visa refusal, leading to lengthy appeals and additional costs. 

UK Spouse Visa Application Process

• Gather Documents: Collect all necessary documents to prove your eligibility. This includes your marriage certificate, financial evidence, proof of English language proficiency, and details of your accommodation.
• Complete the Online Application: Submit an online application through the UK Visas and Immigration (UKVI) website. Ensure that all information is accurate and complete to avoid delays.
• Pay the Fees: The application fee for a spousal visa is £1,538 if applying from outside the UK and £1,048 if applying from within the UK. Additionally, you will need to pay the Immigration Health Surcharge (IHS) of £1,035 per year.
• Biometric Appointment: Schedule and attend a biometric appointment at a visa application center to provide your fingerprints and photograph.
• Submit Supporting Documents: After your biometric appointment, send your supporting documents to the UKVI. Some applicants may use the UKVI’s document scanning service to upload their documents online.
• Decision: The processing time for a spousal visa application can vary, but you can expect a decision within 24 weeks if applying from outside the UK and 8 weeks if applying from within the UK. You may pay extra to opt for priority services to expedite the decision making process. 

Common Reasons for UK Spouse Visa Refusal

• Financial Requirement: Insufficient evidence of meeting the minimum income threshold or failure to provide appropriate financial documentation.
• Genuine Relationship: Lack of convincing proof that the relationship is genuine and subsisting, such as inadequate documentation of marriage certificate, joint finances or cohabitation.
• English Language Proficiency: Failure to meet the required level of English language proficiency, either through an approved test or academic qualification.
• Accommodation: Inability to demonstrate that suitable accommodation will be available in the UK, including proof of legal occupancy and adequate space.
• Immigration History: Past breaches of UK immigration laws or failure to disclose relevant information about previous visa applications or immigration history.

Post-Visa Approval

Once your Spouse Visa is approved, you can start making arrangements to move to the UK. Here are the steps you should follow:

• Travel to the UK: You will receive a vignette (sticker) in your passport, which allows you to enter the UK. You must enter the UK the duration specified in your vignette, usually this is 90 days.
• Collect Your Biometric Residence Permit (BRP): Within 10 days of arriving in the UK, collect your BRP from the designated post office. The BRP is proof of your right to live and work in the UK.
• Register with a GP: Once settled, register with a local General Practitioner (GP) to access healthcare services.
• Open a Bank Account: Opening a UK bank account will be essential for managing your finances. You’ll need your BRP, proof of address, and possibly other identification documents.
• Seeking Employment or Education: With your spousal visa, you can work or study in the UK. Begin your job search or explore educational opportunities that match your qualifications and interests.

Extending your UK Spouse Visa 

Your initial spousal visa is valid for 30 months or 33 months depending on whether you apply from outside the UK. You must apply for an extension before it expires to continue living in the UK. The extension process is similar to the initial application and requires you to demonstrate that you still meet the financial, relationship, and accommodation requirements. You should apply to extend your UK Spouse Visa within 28 days of the date of expiration of your Spousal leave. 

Applying for Indefinite Leave to Remain (ILR) after Further Leave as Spouse

After five years of continuous residence in the UK on a spousal visa, you may be eligible to apply for Indefinite Leave to Remain as a Spouse (ILR). ILR grants you permanent residency in the UK, allowing you to live, work, and study without any time restrictions. To qualify for ILR, you must:

• Meet the continuous residence requirement.
• Pass the Life in the UK Test.
• Meet the English language requirement.
• Provide evidence of your continued relationship and financial stability.

Applying for British Citizenship After Indefinite Leave to Remain

Once you have obtained Indefinite Leave to Remain (ILR), you may qualify to apply for British citizenship by naturalisation. If you are married to a British Citizen, you can apply immediately. Otherwise, you can apply after holding ILR for 12 months.

British citizenship grants you full rights and privileges, such as voting rights and unrestricted access to public services in the UK.

How we can help

Navigating the complexities of the UK immigration system can be challenging. Our experienced professionals offer expert guidance and personalized support to ensure your application is successful. We provide comprehensive support, including:

• Initial Consultation: We assess your eligibility and provide tailored advice based on your unique circumstances.
• Document Preparation: We help you gather and organize the necessary documents to strengthen your application.
• Application Submission: We assist with completing and submitting your application, ensuring accuracy and completeness.
• Ongoing Support: We offer continuous support throughout the application process and beyond.

To discuss your UK Spouse Visa application with an experienced member of our team, call us on +44 208 757 5751 or use our contact form. 

Frequently asked questions