FURTHER DETAILS

What the spouse visa is

The spouse visa is part of the family partner route under Appendix FM of the Immigration Rules. It applies to husbands, wives and civil partners. Most people call it the spouse visa, but the same route and almost all the same rules apply to civil partners.

The main requirements are the relationship requirement, financial requirement, English language requirement, accommodation requirement and suitability requirement. The route also has a path to settlement, provided the relationship and the other requirements continue to be met.

What sets the spouse and civil partner route apart from the unmarried partner route is how the relationship is proved. A spouse or civil partner relies on a valid marriage or civil partnership, while an unmarried partner must prove a qualifying relationship without a marriage or civil partnership certificate.

If you are not married or in a civil partnership, the unmarried partner visa route may be more appropriate. If you are applying as a same-sex couple, civil partner, unmarried partner, fiancé(e) or proposed civil partner, our LGBTQ+ partner visa guide explains the specific evidence and confidentiality issues that can arise.

Who the spouse visa is for

You can apply as a spouse or civil partner if the main requirements are met.

• You are legally married or in a civil partnership, and that marriage or civil partnership is valid and recognised under UK law.
• Your partner is British, settled in the UK, or holds another qualifying status.
• You are both aged 18 or over.
• You have met each other in person.
• You are not within a prohibited degree of relationship.
• Any previous marriage, civil partnership or durable relationship has permanently ended.
• Your relationship is genuine and subsisting.
• You intend to live together permanently in the UK.

The relationship requirement

Your marriage or civil partnership must be legally valid and recognised under UK law. You must also show that the relationship is genuine, continuing and not a marriage or civil partnership of convenience.

A marriage certificate proves that a marriage took place. It does not, by itself, prove that the relationship is genuine and subsisting. The Home Office can still consider how the relationship developed, whether the couple have met in person, whether they intend to live together permanently, and whether the evidence supports the relationship history.

Where a couple has not lived together, this should be explained. This is common where immigration restrictions, work, family, cultural or practical reasons have prevented cohabitation. The application should show how the relationship has been maintained and why the couple intends to live together in the UK.

A marriage recognised under UK law

A marriage that took place in the UK must have complied with UK legal formalities. A marriage that took place abroad will generally be recognised in the UK if it was legally valid in the country where it took place and both parties had capacity to marry under UK law.

You do not usually need to marry again in the UK if the overseas marriage is valid. If the marriage certificate is not in English, it should be accompanied by a certified translation.

A purely religious or customary ceremony that was not legally registered where it took place will usually not be enough on its own. The key question is whether the marriage was legally valid in the country where it happened.

You must have met in person

You and your partner must have met face to face. A relationship conducted only online, by telephone or through messaging will not normally meet the requirement, even if the relationship is genuine. This requirement also applies to arranged marriages.

Both of you must be free to marry

Any previous marriage or civil partnership must have ended permanently and legally. This is usually evidenced by a final divorce order, overseas equivalent, annulment document or death certificate.

If a previous marriage has not been legally dissolved, the spouse route will not usually be available. In some cases, the unmarried partner route may need to be considered instead, depending on the facts.

Civil partners

Civil partners apply on the same terms as married couples. The key difference is that a civil partnership certificate is provided instead of a marriage certificate. Civil partnership is open to both same-sex and opposite-sex couples in the UK, and some overseas relationships may be recognised as equivalent to a UK civil partnership.

COMPLEX CIRCUMSTANCES

Complex and unusual spouse visa cases

Many couples fall outside the most straightforward type of application. This does not mean the application cannot succeed. It means the issue should be identified early, evidenced properly and explained clearly.

Arranged marriages

Arranged marriages are recognised for spouse visa purposes. What matters is that both parties freely consented, the couple have met in person, the marriage is legally valid and the relationship is genuine.

The law distinguishes between an arranged marriage and a forced marriage. An arranged marriage can be valid. A forced marriage, entered into without the full and free consent of both parties, is not treated in the same way and can raise serious legal issues.

Marriages between cousins

As the law currently stands, marriage between first cousins is lawful in the UK and can be recognised for spouse visa purposes. This is an area that should be checked at the time of applying because the law may change.

Marriages abroad, proxy marriages and religious ceremonies

A marriage celebrated abroad may be recognised if it was legally valid in the country where it took place and both parties had capacity to marry under UK law.

In some cases, a proxy marriage may be recognised if it was legally valid where it took place. A religious or customary ceremony that has no legal status in the country where it happened will usually not be enough on its own.

Polygamous marriages

Polygamous marriage issues are technical and should be checked carefully before applying. The rules may affect whether the marriage is recognised and whether the partner route is available.

A previous marriage that has not yet ended

If either partner is still legally married to someone else, the spouse route will usually not be available because the couple are not free to marry. In some cases, the unmarried partner route may be possible if the previous relationship has permanently broken down and the current relationship meets the relevant requirements.

Moving from one partner relationship to another

If a person is in the UK on a spouse or partner visa and that relationship breaks down, their permission is tied to that relationship. The Home Office should normally be notified. To remain in the UK with a new partner, a fresh application may be needed in its own right, and the previous relationship issues should be addressed carefully.

MAIN REQUIREMENTS

The financial requirement

Most spouse visa applicants must show that the couple meet the financial requirement. This is commonly met through the sponsor’s employment income, but it may also be met through self-employment, non-employment income, pension income, cash savings or a permitted combination of sources.

At the time of writing, the minimum income requirement for many new partner applications is £29,000 gross per year. However, the applicable figure can depend on the applicant’s immigration history and transitional rules, so the current position should always be checked before applying.

The most important point is not only whether the income is high enough. The evidence must also meet the strict specified document rules. Applications are often refused where the couple earn enough, but the wrong documents are provided, the documents cover the wrong period, or the evidence does not match the requirements.

The financial requirement is one of the most common reasons spouse visa applications are refused. For a detailed explanation of income, savings, self-employment, pensions, exemptions and specified evidence, see our UK partner visa financial requirement guide.

The English language requirement

The applicant must usually meet an English language requirement. The required level depends on the stage of the route.

• Initial spouse visa application: usually CEFR level A1 speaking and listening.
• Spouse visa extension: usually CEFR level A2 speaking and listening.
• Settlement: currently usually CEFR level B1, together with the Life in the UK requirement.

The English language requirement for settlement is expected to increase from B1 to B2 from 26 March 2027. Applicants planning ahead should check the current requirement before applying, especially if their extension or settlement application may fall after that date.

Some applicants are exempt, for example because of nationality, a degree taught or researched in English, age, or a relevant physical or mental condition.

The English language rules can change, so the current requirement should always be checked before applying.

The accommodation requirement

You must show that there will be adequate accommodation in the UK. The property must be suitable for the people who will live there, must not be overcrowded and must not breach public health requirements.

You do not have to own the property. Renting, living with family, or using accommodation owned by someone else may be acceptable if the evidence shows that the couple can lawfully live there and that the accommodation is suitable.

The suitability requirement

The application must not fall for refusal on suitability grounds. This can include serious criminal convictions, deception, poor immigration history, unpaid debts to the NHS or Home Office, or other conduct concerns.

Most applicants have nothing to declare. However, where there is any immigration or character issue in the background, it should be addressed openly and carefully rather than left for the Home Office to discover without explanation.

APPLYING AND SETTLEMENT

Applying from outside the UK or switching from inside the UK

If you are outside the UK, you apply for entry clearance as a spouse or civil partner. This is the usual route for someone living abroad who wants to join their British or settled partner in the UK.

If you are already in the UK on another visa, you may be able to switch into the partner route from inside the UK, depending on the type of permission you hold and your wider circumstances.

Not everyone can switch from inside the UK. If there is any uncertainty about whether you can apply from inside the UK or need to apply from abroad, it is worth checking before submitting the application.

The route to settlement

The spouse route normally leads to settlement after five years. This usually involves an initial grant of permission, an extension, and then an application for indefinite leave to remain once five years of continuous residence as a partner has been completed.

For applications made from outside the UK, the first grant is usually for around 33 months. For applications made from inside the UK, it is usually around 30 months. An extension is then required before settlement.

At settlement stage, the relationship must still be genuine and subsisting, and the relevant financial, accommodation, English language and suitability requirements must still be met. The applicant must also usually pass the Life in the UK test.

Time spent on a fiancé(e) or proposed civil partner visa does not usually count towards the five years required for settlement.

The ten-year route

Where a couple cannot meet all of the strict requirements, it may still be possible in some cases to rely on exceptional circumstances. This can lead to a longer ten-year route to settlement.

This is not an easy fallback. It is a more demanding and evidence-heavy argument, and should not be relied on lightly. It may be relevant where refusal would have very serious consequences for family life, but each case depends on its facts.

RELATIONSHIP EVIDENCE

Same-sex married couples and civil partners

The spouse and civil partner route is equally open to same-sex couples. Same-sex marriage and civil partnership are recognised on the same terms.

Some same-sex couples may face practical difficulties evidencing a relationship, especially where they come from a country or community where the relationship could not be conducted openly or safely.

Where evidence is limited for those reasons, the application should explain the circumstances carefully and build the relationship evidence around what was realistically possible.

For same-sex and LGBTQ+ couples, there may be additional evidence issues where the relationship could not be lived openly or safely. Our LGBTQ+ partner visa guide explains how these issues can be addressed in a partner visa application.

Proving a genuine and subsisting marriage

The marriage certificate proves the marriage. The rest of the evidence proves the relationship.

Good relationship evidence should be broad, dated and spread across the relationship. It should help show how the couple met, how the relationship developed, how they stayed in contact, how family and friends recognise the relationship, and what plans they have for life together in the UK.

Where a couple has lived apart, the reason should be explained. This may be because of work, distance, immigration status, cultural expectations, financial circumstances or family reasons. An unexplained gap may invite doubt. An explained and evidenced gap is usually easier for the Home Office to understand.

Where a case is finely balanced, well-prepared statements from both spouses, and sometimes from people who know the relationship, can help explain the relationship clearly and address the points a caseworker may question.

Common reasons spouse visa applications are refused

Most spouse visa refusals are avoidable. The recurring causes include:

• Financial evidence errors: the income may be sufficient, but the documents do not meet the strict specified evidence rules.
• Thin relationship evidence: the relationship evidence is limited, undated or does not cover the relationship properly.
• Evidence bunched around the application date: documents appear to have been created mainly for the application rather than showing a genuine relationship history.
• A marriage not recognised under UK law: for example where a ceremony was not legally registered or did not create a valid marriage.
• A previous relationship not properly ended: the evidence does not show that a previous marriage or civil partnership has legally ended.
• Suitability or immigration history issues: previous overstaying, refusal, removal, deception or other concerns are not addressed properly.
• Accommodation problems: the property is not properly evidenced, appears unsuitable or appears overcrowded.
• Validity errors: the wrong form, wrong route or missing mandatory information causes the application to fail before the main evidence is considered.

Costs and timescales

Applying usually involves a Home Office application fee, the Immigration Health Surcharge and, where available and selected, an optional priority service fee.

Because fees change regularly, applicants should confirm the current amounts on GOV.UK at the time they apply rather than relying on older online guidance.

Processing times vary depending on whether the application is made from inside or outside the UK, whether priority service is used, and Home Office workload. Where timing matters, such as a current visa expiry date or intended travel date, the application should be planned early.

HOW WESTKIN CAN HELP

How Westkin approaches spouse visa cases

Some spouse visa applications look straightforward at first, but the Home Office rules are technical and evidence-led. Even where the relationship is genuine and the couple meets the requirements, an application can still be refused if the financial documents, relationship evidence, accommodation evidence or application route are not prepared correctly.

Legal support is particularly important where there is any added complexity, such as a marriage abroad, an arranged marriage, a complicated financial position, a previous relationship, an immigration issue in the background, limited cohabitation, or a relationship that needs careful explanation.

Our approach starts by identifying the points on which the Home Office is most likely to hesitate in your particular case. We then prepare the application to answer those points directly.

This can include:

• checking whether the marriage or civil partnership is recognised under UK law;
• reviewing the financial evidence against the specified document rules;
• preparing a relationship evidence strategy that spans the relationship;
• drafting legal representations addressing the Immigration Rules;
• helping with witness statements from one or both partners where appropriate;
• explaining cultural, practical or immigration reasons for not living together;
• addressing any previous relationship, immigration history or suitability issues;
• checking the accommodation and English language evidence before submission.

Where a case is finely balanced, preparation often makes the difference. The goal is not simply to send more documents, but to send the right evidence in the right structure, with the relationship and any complications explained clearly.

Last reviewed: 13 July 2026. This guide is general information about applying for a UK spouse visa and is not legal advice. Immigration rules and Home Office guidance change frequently. For advice on your circumstances, speak to a regulated immigration adviser.