If you’re living permanently in the UK and your spouse or partner wants to join you, they may need a spouse visa. This visa allows non-British nationals to live and work in the UK for five years until they can apply for Indefinite Leave to Remain. They can also switch to this visa from inside the UK if eligible. Our immigration solicitors can help you and your partner through the application process whether you’re applying from within the UK or from another country.

We work with many couples based inside, and outside the UK, who want to live here permanently and enjoy the opportunities and lifestyle that the UK offers. Applications for spouse visas need a large number of documents to prove that the relationship is genuine, that the financial requirement is met, as well as other requirements. Our immigration specialists will advise you on exactly what documents you need and where to get them from so that your application has every chance of success.

We’ll go above and beyond in assisting with the preparation of your documents too. We can assess your situation and advise if a spouse visa is the best option for you. In some cases, your partner may be able to qualify for a different type of visa, like an Ancestry visa or a work or student visa. If your application is unfairly rejected by the Home Office, our team can also assist in appealing the decision to the Immigration Tribunal.

Contact our team today to talk about how we can help you. Call us on 0370 1500 100 or fill out our online form and we’ll call you back.

Who Is Eligible for a UK Spouse Visa?

For your partner to be eligible for a spouse visa, you’ll need to prove that:

• You’re allowed to live in the UK permanently – you’ll need to prove that you’re a British citizen, have Indefinite Leave to Remain, or refugee status
• You earn at least £29,000 a year, or you or your partner have cash savings of at least £88,500 – you can do this by using payslips or any savings you have
• Your partner can speak English – they can prove this by doing an English language test accepted by the Home Office, or if they have a university degree taught in English, or they’re a citizen of a country where English is the main language
• You’re married or in a civil partnership – you can also prove you have lived together for at least two years as unmarried partners, or in some cases, you may be able to prove that your relationship is similar to a marriage with no or limited cohabitation
• You’re in a genuine relationship – you’ll need to give evidence to support that your relationship is genuine
• You have somewhere to live – if you’re renting a property, you’ll need to get written permission from your landlord that you can both live in the property. If you own the property, or a family member does, different types of documents are needed in order to meet this requirement.

If you’re not married or in a civil partnership, you may be able to apply for a fiancé visa or an unmarried partner visa. We can advise on which visa will suit your particular situation.

How Do I Apply?

Our immigration solicitors will advise you and your partner on how to gather all of the required documents. We’ll then put your documents into the correct format for the UK Home Office.

If you’re applying for the first time, and your partner is outside the UK, they’ll complete the online application from their home country or the country that they're living in. Applications normally take up to 12 weeks and some countries have a fast-track option at an extra cost. This will usually give you a decision within five working days or push you to ‘the front of the queue’.

If your application is successful, your partner’s visa will be valid for 33 months (if applying from outside the UK) or 30 months (if switching from another visa category from inside the UK). Before the 33/30 months is over, you’ll need to apply to extend their visa. They can do this from inside the UK and remain here whilst they wait for a decision.

After five years of living in the UK continuously, your partner can apply for Indefinite Leave to Remain. This will allow them to stay in the UK permanently and apply for British citizenship straightaway if you're a British citizen and you are married at that time.

Contact our immigration team today on 0370 1500 100 to start your visa process and discuss what options are available to you.

Why Choose Irwin Mitchell?

Our immigration team have decades of experience in helping couples and families live together in the UK. You’ll get practical advice that relates to yours and your partner’s situation. We’re also always available to answer any questions and help you with any concerns that you might have along the way.

Where couples are living apart, we understand that you want to be together as soon as possible. This is why we work efficiently to prepare your application. If you have children who are also non-British nationals, we’ll make sure your application includes them so that they can also join you in the UK too.

By helping many couples with spouse visas we know exactly what the Home Office expects from these types of applications. We can make sure your application is organised professionally and in a format that the Home Office prefers. If the Home Office rejects your application unfairly, we can also help you to appeal their decision as quickly as possible.

We know that Brexit is still causing a lot of uncertainty for EU nationals wanting to live in the UK. If your partner is an EU national, and has started living here before 01 January 2021, they may be able to apply under the EU Settlement Scheme. If they arrived after, we can provide tailored advice on what options you have to make sure that you can stay together in the UK.

For a private chat about you and your situation, please contact our immigration lawyers on 0370 1500 100 or fill out our online form and we’ll call you back.