Bringing your Spouse to Live with you in the UK
Being worlds apart from your loved one can be difficult to deal with. It’s not often that you hear of a long-distance relationship being a long relationship but did you know that if you live in the UK and have Indefinite Leave to Remain, you may be able to bring your spouse to live with you in the UK? This can be done under what is called a spouse visa.
For those who are unsure as to what a spouse visa is, it is a visa that allows married partners of British citizens and those with Indefinite Leave to Remain to migrate to the UK as long as certain requirements are met. Generally, these requirements are:
- You and your spouse must be 18 years old or over
- You must have met each other and be legally married
- You must intend to live together permanently
- You must have enough money to support yourself and any dependents without claiming public funds
- You (the sponsoring partner) must earn more than £18,600 per year or have enough savings (£16,000 + 2.5 x the difference of your income) to be able to sponsor. If you are bringing children, you will need additional funds. Please see Financial Requirements
- You must have suitable accommodation for you, your spouse, and any dependents
- You must satisfy the English language requirements
With a spouse visa, your partner can enter the UK as the partner of a British or settled person. It lasts for up to 33 months and can be extended and used as a qualifying time that contributes to the requirements leading to Indefinite Leave to Remain. Additionally, your partner can bring any children (dependents under the age of 18). However, to obtain a spouse visa, you and your partner will need to provide proof for a number of qualifying metrics.
Your criteria as the Sponsor
As a sponsor, you will need to be either a British citizen, have Indefinite Leave to Remain status or have refugee status in the UK.
Your Financial Requirements
Generally, you will need to provide evidence of a gross annual income of at least £18,600. However, there are additional options available where your income doesn’t meet the criteria. If you’re income or pension is below the criteria, you will need to make up for this in savings. These can vary depending on whether you are bringing additional dependents.
| Your Family | Your Income | Your Savings | Your Pension |
| You and your spouse | £18,600 | £16,000 + 2.5 x of the difference | £16,000 + 2.5 x of the difference |
| You, your spouse and your first child | +£3,800 | +£3,800 | +£3,600 |
| You, your spouse, first child and any child after your first child | +£2,400 per child | +£2,400 per child | +£2,400 per child |
It’s important to note that these figures will also vary depending on your (the sponsor) employment type. There are different rules for those who are self-employed or have been in their current employment for varying lengths of time.
Proving that your Relationship is Genuine
As part of the review process for a spouse visa application, you will need to meet the ‘genuine relationship’ criteria.
This is verified by UK Visa & Immigration and is designed to determine whether you and your partner’s relationship is real and long-lasting. The UKVI call this ‘genuine and subsisting’, and you will need to provide several types of documents that they will take into consideration.
Of course, each relationship is different to other couples, but generally providing evidence of your communication (skype calls, text messages and photos), as well as any financial arrangements (shared bank accounts and money transfers or gifts you have received or given) and any children you have together will support your spouse visa application.
Make sure that your accommodation is suitable
To pass the criteria for a spouse visa application, you will also need to show that you have adequate accommodation set up for when your spouse arrives in the UK, which you must share with your partner.
Your accommodation will need to meet the UK living standards; therefore, it is recommended that you have accommodation that meets these criteria and evidence before submitting an application. To support your application, you can submit:
- An official description of the property, normally as you would see at a letting agent
- Evidence that you have enough rooms to accommodate you and your partner, as well as any additional rooms for any dependent children (1 bedroom per child over the age of 10)
- Evidence that you or you and your partner have either paid or can afford to pay for this accommodation
- In certain circumstances, an independent overcrowding report
Meeting the English language requirements
For your partner to join you in the UK under a spouse visa, he or she will need to meet the Spouse Visa English language requirement.
The English language test will prove that your partner has enough knowledge in speaking, reading, writing, and understanding the English language.
Your partner will need to sit and pass this test before they submit the visa application. When the test is passed, it will be valid for two years, so the spouse visa application will need to be submitted before it expires.
Additionally, the English language test will need to be completed through a registered provider. These are called Secure English Language Testing (SELT) providers.
There are exemptions for taking the English language test, which can apply if your partner:
- Is a national of a majority English-speaking country
- Has a disability which prevents your partner taking the test
- Is over the age of 65
- Has obtained a degree taught in English
Applying for a Spouse Visa in and outside of the UK
There are two routes available for spouse visa applications. Applying within the UK is called Limited Leave to Remain under Spouse Visa. This is typically where your spouse can apply to transfer their existing visa i.e., student visa, working visa to a spouse visa.
If your partner is currently outside of the UK, their spouse visa application will also include ‘entry clearance as a partner’. There are normally a number of offices in most foreign countries where your partner can visit where they will need to have their biometrics taken. Their national passport will be amended, with entry clearance being granted.
Once you and your spouse are reunited, he or she will need to collect their biometric residence permit from a local post office.
Paying for Application Costs
The costs for applying for a spouse visa application can be paid by either yourself or your partner.
These are the current fees for spouse visa applications as of 2021:
| Fee Type | Applying within the UK | Applying outside of the UK |
| Spouse Visa Application | £1,033 | £1,523 |
| Children (per child) | £1,523 | £1,523 |
| Health Surcharge | £1,560 | £1,872 |
| Priority Service | N/A | £573 |
| Super Priority Service | £800 | N/A |
Priority service can enable a quicker decision on applications made outside of the UK. If you’re applying within the UK, you can opt for the Super Priority Service, where you can get a decision within 1 working day.
Supporting Evidence
A few examples of the types of documents recommended to submit with a spouse visa application are:
- Proof of your income: Employment contracts, payslips, P60 and bank statements
- Proof that your relationship is real: Skype calls, text messages, photos together, phone conversations
- Proof that you meet the accommodation requirement: Tenancy agreement, lease, proof of booked temporary accommodation
- Proof that your partner meets the English language requirement: IELTS test results, English taught degree, passport of English-speaking country
As already mentioned, every couple’s relationship is different, therefore providing that your relationship is genuine is subjective, and depends on the lifestyle that you have together and your communication. Consequently, there is no limit to the evidence you can submit.
Extending a Spouse Visa
Your partner can make an in-country extension to their spouse visa for a further 33 months. For eligibility, you will:
- Apply within 28 days of the visa expiry
- Prove that you both have continued to live with each other and that your relationship remains ‘genuine and subsisting’
- Provide evidence that you have remained in adequate accommodation as per the rules
- Show that you can still provide for you and your spouse with at least the minimum financial requirement
Immigration Law is ever-evolving and highly complex, so we highly recommend seeking professional legal advice before applying for a Spouse Visa. Rules can vary depending on individual circumstances, so it is important that you check first with an accredited Immigration Lawyer or Solicitor. You can find out how we can help you with Spouse Visa applications here, or alternatively call 023 8023 4433 to arrange to speak to someone in Immigration.
Disclaimer: Information on this webpage is not intended for legal purposes or advice. If you require legal advice or services, you should seek a professional legal practitioner.
