A spouse visa allows the husband, wife or civil partner of a British or Irish citizen, a person settled in the UK, or a person with another qualifying immigration status to live in the UK. The standard partner route can lead to Indefinite Leave to Remain after the relevant qualifying period.
The spouse visa falls within the family Immigration Rules. Although the concept may appear straightforward, a genuine marriage alone is not sufficient. Applicants must demonstrate that they satisfy the relationship, financial, accommodation, English-language and suitability requirements.
The financial rules are particularly detailed. The permitted income sources, calculation method, relevant assessment period and required documents depend on the couple’s circumstances. Relationship evidence must also address what the Home Office is assessing rather than simply adding unnecessary volume.
The standard five-year route normally involves an initial grant of entry clearance or permission to stay, an extension application and then an application for settlement. The requirements must be satisfied at each stage, and the applicable rules should be checked before every application.
You may be eligible if:
The calculation depends on the source of funds and the applicant’s circumstances. Salaried employment, non-salaried employment, self-employment, specified savings, pension income and certain other income sources are assessed differently and require different evidence.
Some sources may be combined, while others cannot. Identifying the correct financial category and calculation method is therefore one of the most important parts of preparing the application.
The minimum income requirement is normally £29,000 for a new partner application, although transitional arrangements and different maintenance rules apply in certain circumstances. GOV.UK financial guidance
A recently started job does not automatically prevent a successful application. However, the calculation and evidence requirements differ depending on how long the employment has been held.
Where the relevant employment has been held for less than six months, the application will normally require consideration of both the current income and qualifying income received during the preceding 12 months. The precise position should be assessed before applying.
For an application made from outside the UK, the applicant’s overseas employment or self-employment income cannot normally be counted toward the minimum income requirement.
However, the applicant’s specified savings, pension income and certain non-employment income may be counted where the relevant requirements are met. The sponsoring partner’s overseas employment may also be relevant where the partner is returning to the UK with the applicant and has qualifying employment arranged in the UK.
Where an applicant is already lawfully in the UK and permitted to work, their UK employment income may be counted in an in-country application, subject to the applicable rules.
Quality and relevance are more important than volume. The Home Office considers whether the marriage or civil partnership and wider relationship are genuine and subsisting and whether the couple intend to live together permanently in the UK.
The evidence should provide a balanced picture of the relationship. Depending on the couple’s circumstances, this may include evidence of living together, shared financial responsibilities, regular communication, visits, travel, family involvement and future plans. A large amount of repetitive evidence is not necessarily more persuasive.
A person granted entry clearance on the standard five-year partner route will normally need to apply for an extension before their initial permission expires. They may then apply for Indefinite Leave to Remain after completing the required period with qualifying permission and satisfying the settlement requirements in force at that time.
Under the current rules, the standard partner route requires five years of qualifying permission. Broader settlement reforms have been proposed, but proposals do not change the existing Immigration Rules unless and until they are implemented. The requirements should therefore be checked again before any extension or settlement application.
