UK Spouse Visa Requirements - Expert Guidance from Immigration Lawyers

There are several requirements you must meet in order to be eligible for a Spouse Visa to UK.

Firstly, to be eligible for a Spousal Visa, you must be married to a British citizen or person who holds settled status in the UK. This can include someone who holds Indefinite Leave to Remain (ILR).

As well as this requirement, there are several others that you must meet in order to qualify for this category.

These include:

• Satisfying the ‘genuine relationship’ requirement
• Meeting the financial criteria
• Meeting the accommodation requirements
• Speaking and understanding English to the required standard

In order to be granted a Spouse Visa and be united with your partner in the UK, you must meet all of these requirements. If you do not meet them and you submit an application to the UKVI, you will have your Spouse Visa refused. If this happens, you will not receive a refund and you will need to submit a fresh application if you want to be considered.

If you want to find out more about what you need to apply for this type of visa, call our team of Manchester immigration lawyers on 0161 826 9783.

To show that you meet all of the criteria for a UK Spouse Visa, you must submit several documents along with your application forms.

These documents should be extensive and clearly displayed so that the reviewing caseworker can properly process them.

They include:

• Valid passport of both you and your partner
• Proof that your relationship with your partner is genuine and subsisting: photographs of the two of you together, chat logs, phone conversations, money transfers, tickets from events you attended together, shared bank statements, joint mortgages, social media relationship statuses
• Proof that you have met eachother at least once since being married to one another: videos, photographs, travel tickets
• Evidence that the applicant can speak and understand English to the required level: passport English-speaking country, English-taught degree, a certificate from passing an English language test from a registered provider
• Evidence you meet the financial criteria: bank statements, salary slips, job contracts
• Evidence you meet the accommodation requirements: mortgage documents, tenancy agreement, temporary accommodation bookings
• Your respective birth and marriage certificates
• Tuberculosis test result certificate (if you’re from a country where you have to take the test)
• Details of any criminal convictions

You may need to provide other additional documents depending on your circumstances.

The UK Spouse visa hinges on a couple’s relationship, so proving that you and your partner are in a genuine and ongoing partnership will be essential. Providing evidence of this is also called the Genuine Relationship Test, which checks if your partnership passes based on the following assessment factors:

• Is the relationship officially recognised?
• Is there evidence of cohabitation or future plans thereof? If cohabitation was not possible, are there adequate reasons (e.g. cultural or due to education or work arrangements?)
• Is there significant evidence of the relationship?

Proving the officially recognised status of a relationship is usually best done by presenting official documents such as a marriage certificate or civil partnership registration. Alternatively, if you are not yet officially married or registered as civil partners, evidence of future arrangements may be considered, but you will usually need to act on this within six months of obtaining this visa. (Partners who apply via this route will usually be issued with a Fiancé(e) visa, which can then be updated to the Spouse visa once the partnership has been made official.)

Evidence of cohabitation can be a more confusing aspect to navigate, especially for couples who may not have been able to live together yet or who may face difficulties living together after obtaining the visa. In general, you will need to show that you and your partner have shared a home. This may be done by presenting official documents such as a tenancy agreement, mortgage agreement, or deed that lists both partners.

Alternatively, evidence of shared household expenses such as utility bills may be considered or other official correspondence such as letters from medical professionals or banks or other official bodies that show each partner’s name at the same address can be presented as proof. Other shared expenses may be considered if they are significant enough to evidence a shared life.

If you have not yet started living together but there are plans to do so in the imminent future, evidence of that may also be submitted. Usually, this includes details of future housing arrangements such as upcoming tenancy agreements or evidence of an ongoing home purchasing process.

In some cases, cohabitation may not be possible. This could be due to cultural reasons, such as rules to not live together before marriage or other restrictions, but it may also be due to logistics, should one or both partners be in education or employment that demands them to live elsewhere. In such cases, evidence of this will be required and the relationship will need to be proven by other means. Usually, evidence to suggest a genuine partnership without cohabitation considers how else a couple’s life seems linked. Strong evidence may be found in shared caring responsibilities, such as active participation in the upbringing and financial support of a child or dependent.

Beyond this, evidence of sustained correspondence may also be considered, as may be any details of travel arrangements or other time spent together. Couples may present photos, text messages, letters, or whatever else seems reasonably compelling in the unique circumstances of their partnership. One core condition that is especially relevant in this case, however, is that there must be proof that a couple has met in person at least once before applying for this visa.

In some cases, official statements from family members, friends, or other people who have reasonable claims to know the couple may serve as additional evidence of a genuine relationship. However, it may be best to consult with an immigration specialist should this kind of evidence be considered, as it will be important to understand who may issue such a statement and how to make it compelling.

Usually, applicants for a UK Spouse visa will need to meet a certain income threshold to qualify and show that the couple will be able to support themselves financially. While there are certain circumstances that may influence the exact financial requirements placed on applicants, the general annual income that must be earned usually sits at around £29,000 for couples who do not have dependent children or other caring duties.

While the financial requirement is often equated to traditional income based on employment, there can be alternative routes to meeting this condition. For example, a combination of income sources may be presented, which could include self-employment, pensions, or alternative income sources such as investment interests or rent.

It is also an option to qualify based on your savings, but in that case, there are different levels. Generally, savings of over £88,500 are enough to satisfy the financial requirements without additional income. However, savings of over £16,000 will be able to substitute at least part of the general income requirement.

The following income routes may be considered:

• Existing UK-based employment income of the UK sponsor partner
• Evidence of upcoming UK-based employment with qualifying salary for the UK sponsor spouse (if re-entering the country alongside their partner)
• UK-based employment income from the international partner (if they are already in the UK and hold permission to work)
• Self-employed income (e.g. as a sole trader or franchise partner)
• Dividends from a specified or non-specified limited company
• Other dividends or investment incomes (e.g. bonds, stocks, shares)
• Trust fund dividends
• Rental income
• Cash savings and interest from savings
• Royalty payments (if ongoing)
• Legal settlement payments (if ongoing)
• Insurance payments (if ongoing)
• Grants or stipends (e.g. for undergraduate or postgraduate students or researchers)
• Pensions (private pensions, state pensions or occupational pensions may be considered)
• Select benefits/allowances (e.g. Maternity Allowance (UK), Bereavement payments or allowances, Widowed Parent’s Allowance)

It should be noted that income and savings from either or both partners may be considered, as long as they are obtained by legal means that pose no conflict with other conditions of this visa. Usually, UK-based incomes are favoured but income from international sources may qualify as long as all associated regulations are met, there is no doubt of legitimacy and source, and no conflict of interest with any immigration conditions. The visa-required individual must be already in the UK and working with all legal permissions in place, for their income to qualify as part of the financial requirement.

When applying for the UK Spouse visa, the immigrating partner will need to show that they have a reasonable grasp of the English language. This is a requirement to ensure that they will be able to integrate into UK life and culture effectively.

In general, this means that applicants for this family visa route will need to take an English language test. The minimum requirement for this test will be the A1 language level, which is considered entry-level. It means that the speaker has a basic command of the language, including foundational vocabulary and grammar and the ability to navigate basic interactions.

Opting to take a B1 language test or higher will mean that the results will still be eligible when applying for settled status after five years in the UK. B1 speakers are considered intermediate.

There are some exceptions to the language test requirements and this may also be proven by presenting relevant academic qualifications such as degrees studied in the language. Individuals in certain regions are also exempt.

This includes the following regions:

• Antigua / Barbuda
• Australia
• The Bahamas
• Barbados
• Belize
• Any British overseas territories
• Canada
• Dominica
• Grenada
• Guyana
• Jamaica
• Malta
• New Zealand
• St Kitts / Nevis
• St Lucia
• St Vincent / the Grenadines
• Trinidad / Tobago
• The USA

The UK Spouse visa requires couples to meet suitable accommodation requirements when applying. This means that you will need to show that your existing or planned living arrangements in the UK are able to offer safe and reasonable housing, considering space, conditions, and the capacity to sustain this arrangement.

At its core, couples must have access to a home where they have the legal right to live, either by ownership or letting. This home must meet basic health and safety requirements, meaning that it offers reasonable living conditions without presenting significant health concerns such as vermin, significant dirt, or mould, but other factors like structural integrity are also considered.

Should basic conditions be met, the right to habitation will be a key consideration. You will need to prove that you are legally permitted to live in your home. This means that you may need to present proof such as a deed, mortgage arrangement, rental contract, or even an official statement from a person who you are living with may be accepted.

The UK places regulations on how a property may be occupied, which are determined by overall space and individual room space. You will need to show that you have the right to exclusive occupancy and that the occupation of the home you are living in complies with these wider requirements. While exclusive occupancy does not mean that the couple must be the sole occupants of the house or flat, it means that they must have adequate space to live in. Usually, this means that they must have at least one bedroom of adequate size, rather than staying in someone’s living room, for example.

The home must not be overcrowded, which means that the inhabitants must not exceed the number specified based on the overall space of the property. A number of inhabitants must also comply with the allotted maximum occupation rate for each room.

Finally, the couple’s financial capacity must align with the approximate costs of maintaining their living arrangements and reasonable upkeep.

When applying for a Spouse Visa in the UK, the partner who holds relevant nationality or residential status in the UK will be considered to be the sponsor of their international spouse. This means that there are certain duties and responsibilities that come with this, largely to mediate perceived risks that most visas consider when allowing immigration.

Sponsors of an immigrating partner will be the primary partners to be considered for the financial requirement, for example, even though both partners’ incomes may contribute.

Overall, the ‘sponsoring’ partner will need to either be a UK or Irish national, or citizen or hold indefinite leave in the UK which is also referred to as settled status. If the sponsor is from the EU, Switzerland, Norway or Lichtenstein, they may also hold pre-settled status, as long as their residence in the UK precedes the start of 2021.

Individuals who hold a Turkish Worker visa or Turkish Businessperson visa may also qualify, as will individuals who are in the UK with protection status (for example as a refugee or stateless person who are covered by humanitarian protections).

To qualify for the Spouse visa, applicants will be required to provide evidence that their sponsoring partner meets the immigration or nationality requirements to support an international partner via this visa.

Couples applying for the UK Spouse visa will need to show that they intend to live together once granted this permission if they are not already cohabiting beforehand. This should be a permanent intention.

Showing proof of intent can seem difficult, but in general, it may include evidence of future arrangements such as tenancy or mortgage agreements, or clear evidence of the process of buying a home.

The best way to show this intention can vary significantly based on your individual circumstances and it can help to contact an immigration specialist to help you present your case.

Naturally, couples who are applying for the UK Spouse visa will also be expected to be living together in the UK, rather than elsewhere. While this visa permits travel and leave to go abroad, there should be clear evidence of plans to establish permanent and primary residence in the UK for both partners (though certain factors may be considered, such as employment or education that requires significant time spent abroad).

The fees for the Spouse visa are as follows:

If you’re applying from outside the UK, it costs £2,064 to apply.

If you’re applying from inside the UK, it costs £1,321 to apply.

You will also have to pay the immigration healthcare surcharge, which equates to £1035 a year.

You may also have to pay additional fees such as fees for legal advice, fees for having your documents translated and possible fees to travel to a visa application centre and to have your biometrics taken.

Applying for a Spouse Visa can be a complex and overwhelming process, especially if you are unsure about your eligibility or facing challenges with your application. Working with a qualified Spouse Visa lawyer can significantly increase your chances of success and ensure that every aspect of your case is handled professionally.

Why Choose Manchester Immigration Lawyers?
Our team of OISC-accredited Spouse Visa lawyers specializes in UK immigration law and has successfully handled over 5,000 Spouse Visa applications. When you choose us, you benefit from:

• Expert guidance on meeting all Spouse Visa requirements, including financial, relationship, accommodation, and language criteria.
• Personalized legal support tailored to your unique circumstances.
• A high success rate, ensuring you receive the best chance of visa approval.

Comprehensive Services We Provide
We offer a full range of services to make your Spouse Visa application as smooth and stress-free as possible, including:

• Eligibility assessment – We evaluate your case and provide expert advice on meeting all Home Office requirements.
• Document preparation – Our immigration advisers will help you compile and organize all necessary documents.
• Application submission – We complete and submit your visa application, ensuring accuracy to avoid delays.
• Home Office liaison – Our legal team communicates with immigration authorities on your behalf.
• Appeals and refusals – If your visa has been refused, we provide representation and legal strategies for appeals.

With our vast experience and commitment to client success, Manchester Immigration Lawyers are the trusted choice for Spouse Visa applications. Call us today on 0161 826 9783 to speak with one of our specialists and get expert assistance with your case.