UK Spouse Visa Application - 2025 Comprehensive Guidance

A UK Spouse Visa allows married partners of British citizens, Settled persons, persons with Pre-Settled Status, Turkish Businessperson or Turkish Worker visa holders, and those with Refugee or Humanitarian Protection Status to enter and reside in the UK with their spouse.

The Spouse Visa route provides a clear pathway towards Indefinite Leave to Remain (ILR) and British citizenship.

Entry Clearance vs Leave to Remain Applications Explained

Applicants for a UK Spouse Visa can apply either from outside the UK (entry clearance) or within the UK (in-country application), depending on their current immigration status. An entry clearance application is made abroad before travelling to the UK, and is typically used when the applicant does not already have lawful status in the UK.

In contrast, an in-country application (also known as “switching” or applying for further leave to remain) is available to those who are already in the UK with valid immigration status that permits switching.

An applicant cannot apply in-country for a Spouse Visa if they are in the UK:

• without any immigration status
• as a visitor
• with leave granted for a period of 6 months or less (unless it is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings)
• on Immigration bail
• in breach of immigration laws unless 39E of the Immigration Rules applies.

There are narrow exceptions where applying in-country may be permitted if an applicant does not meet the immigration status requirement due to exceptional circumstances, such as where requiring the applicant to leave the UK would breach their or their partner’s right to family life under Article 8 of the ECHR.

Meeting the immigration status requirement is a fundamental eligibility requirement, and failing to satisfy it may lead to automatic refusal unless exceptional circumstances applies.

Who Can Apply for a UK Spouse Visa?

To qualify for a UK Spouse Visa, both you and your partner must satisfy several key requirements:

Firstly, your sponsoring spouse must:

• be a British citizen, or
• have Indefinite Leave to Remain, or
• have Settled Status or Pre-Settled Status under the EU Settlement Scheme, or
• hold a Turkish Businessperson or Turkish Worker visa, or
• have Refugee or Humanitarian Protection status

Both parties must be at least 18 years old on the date of application.

What are the UK Spouse Visa Relationship Requirements?

Your relationship must meet the relationship requirements set under Appendix FM to be eligible for the Spouse Visa.

• The Marriage must be legally valid, either in the UK or overseas, and recognised under UK law.
• The marriage must not fall within any prohibited degrees of relationship.
• You must have met each other in person.
• If you were married or had a previous relationship, your relationship must have broken down permanently.

Importantly, you must provide substantial evidence that your relationship is genuine and subsisting.

Check our article about what does genuine and subsisting relationship mean.

If you are not married, you can also apply by demonstrating your genuine and subsisting relationship as unmarried partner.

What are the UK Spouse Visa’s Financial Requirement?

The financial requirement for a UK Spouse or Partner Visa was first introduced on 9 July 2012 as part of a broader overhaul of the family migration rules, it remains one of the most complex and misunderstood areas under the Immigration Rules. While many applicants believe that simply earning enough income or holding sufficient funds is enough, the reality is more technical. The rules are detailed in Appendix FM and the accompanying Appendix FM-SE (Specified Evidence), with further interpretation provided in Home Office caseworker guidance.

In 2012, the initial threshold was set at £18,600, with incremental increases for children (£3,800 for the first child and £2,400 for each additional child). The purpose was to ensure that sponsoring partners could financially support their families without recourse to public funds. In 2024, the income threshold was substantially increased to £29,000, with the child element removed altogether.

This new income threshold can be met through regular employment income, self-employment, pensions, non-employment sources like dividends or rental income, or cash savings, or meeting the adequate maintenance requirement if the sponsor receives certain eligible benefits.

Transitional Income Thresholds (Pre – 11 April 2024 Applicants)

Applicants already on the spouse visa route before 11 April 2024 will benefit from transitional provisions. For those applicants, the financial requirement remains:

(a) UK Salaried Employment Income from the Same Employer for Six Months

If the Sponsor and/or the Applicant (if permitted to work in the UK legally) has been employed in the UK with the same employer for at least six months before the date of application, their current annual gross salary is assessed. The income must meet or exceed the threshold at the time of application.  This is the most straightforward route.

Key Points:

• The income must be from a permitted salaried source.
• The six-month period must be immediately before the date of application.
• Gross income is calculated pro-rata if not paid monthly.

(b) UK Salaried Employment Income for Less Than Six Months From the Current Employer or Variable Income

Where the sponsor has not been with their current employer for six months, or where the income is variable, the applicant must demonstrate that:

• the Sponsor earns at or above the threshold if employed for 12 months at the current rate, and
• the Sponsor has earned the required amount over the past 12 months from any permissible employment source

This category is typically used where the employment is new, changed recently, or involves fluctuating income (e.g. zero-hours contracts).

(c) Sponsor Return with the Applicant: Overseas Salaried Employment and UK Job Offer

Where the sponsor is returning from overseas, they must show qualifying employment income abroad for at least 12 months; and a confirmed job offer in the UK with a gross annual salary above the threshold, starting within three months of return.

It is not necessary for the sponsor to be employed at the date of application, but the sponsor was employed in the previous 12 months and the income threshold must be met.

(d) Statutory or Contractual Maternity, Paternity or Adoption Pay/ Statutory or Contractual Sick Pay

Income received through statutory or contractual leave pay can be used to meet the minimum income requirement under Appendix FM, but there are special rules under Appendix FM-SE that apply in such cases. Normally, applicant must show that the gross annual income relied on would have met the salaried income threshold if the person were not on leave.

(e) UK or Overseas Self-Employment as a Partner, a Sole Trader or in a Franchise

For a self-employed person, self-assessment tax return is necessary as part of the application, and considering the UK’s tax year ends on 5 April each year, if any application is planned to be submitted around and after this date, self-assessment for the recent year should be submitted.

(f) Income from Employment and/or Shares in a Specified Type of Limited Company (including Family Business)

Applicants who are employed by a business they own or control, or by a company operated by a close family member, must be aware that the Home Office treats this income differently.

Under Appendix FM-SE, this type of employment falls within the rules for a “specified limited company”, and is not treated as standard salaried employment. Instead, applicants must provide a separate and more detailed set of evidence, including financial documents relating to the company itself.

We have seen many applicants refused simply because they assumed they could rely on payslips and bank statements alone, without realising their employment was classed as self-employment or company income.

Under Appendix FM-SE, a “specified limited company” is a UK-registered limited company where:

• (i) the Applicant is either a director or employee of the company, or both, or of another company within the same group; and
• (ii) shares are held (directly or indirectly) by the Applicant, their partner or the following family members of the person or their partner: parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and
• (iii) any remaining shares are held (directly or indirectly) by fewer than five other persons.

This definition is intended to capture family-owned or closely held businesses where income may not be subject to the same third-party oversight as employment with an unrelated employer.

The documents required under this category are complex, please contact our spouse visa solicitors if you need any assistance.

(g) Non-Employment Income

Certain non-employment income can be used solely or combined with other categories to meet the financial requirements:

• Property Rental Income
• Income from stocks, shares, investments or dividends (excluding specified company income)
• Interests from Savings
• Undergraduate or Postgraduate Maintenance Grant or Stipend payments (not maintenance loan)
• Ongoing insurance payment or legal settlements or Royalty payments

These income should be received 12 month prior to the date of the application.

(h) Cash Savings

Cash savings can be used on its own, or combine with salaried income or other categories to meet the Spouse Visa financial requirements. The Applicant can rely on cash savings from both the Applicant and the Sponsor, but the savings cannot be under the name of a third party, for example, by the Applicant’s or the Sponsor’s parents. Funds must be accessible and can be withdrawn immediately, whether it is subject to penalty or not, however, level of the funds in the bank must be above the threshold at all time six months prior to the date of application.

The cash savings required to meet the financial requirements are calculated as follow:

• A minimum base of £16,000, and
• Additional savings equal to 2.5 times (period of leave) the income shortfall.:

For example, if the sponsor earns £20,000 per annum, the shortfall is £9,000. The required savings are: £16,000 + (£9,000 × 2.5) = £38,500.

If the sponsor does not have any income, but has a saving of £88,500, it will also meet the threshold, subject to meeting other format requirements.

If someone was on a spouse visa prior to 11 April 2024, the transitional provisions apply. The calculation will be based on the previous income threshold: £62,500 without children; £72,000 (with one child); £78,500 (with two children); £84,000 with three children; £88,500 if with four or more than four children.

If the application is made for Indefinite Leave to Remain, it is not required to multiply the relevant minimum income threshold by the period of leave (2.5 years).  The cash savings calculation will simply be using the £29,000 (or the £18,600 fall under the transitional provisions) , plus £16,000, which makes it £45,000 (or £34,600 if fall under the transitional provisions ) in cash savings.

(i) Pensions

Applicants can use their own or their Sponsor’s gross annual income from any state pension (UK or foreign), occupational pension or private pension to meet the Spouse Visa financial requirements.

Pensions can be combined with other sources of income, and only needs to have become a source of income 28 days prior to the date of application.

(j) Sponsor is in Receipt of Certain Benefits

If the sponsor receives certain disability or carer-related benefits, the income threshold does not apply. Instead, the applicant must prove that they will be adequately maintained in the UK without relying on public funds.

Qualifying benefits include:

(i) Disability Living Allowance; or
(ii) Severe Disablement Allowance; or
(iii) Industrial Injuries Disablement Benefit; or
(iv) Attendance Allowance; or
(v) Carer’s Allowance; or
(vi) Personal Independence Payment; or
(vii) Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; or
(viii) Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; or
(ix) Police Injury Pension; or
(x) Child Disability Payment (Scotland); or
(xi) Adult Disability Payment (Scotland); or
(xii) Carer’s Support Payment (Scotland); or
(xiii) Pension Age Disability Payment (Scotland); or
(xiv) Scottish Adult Disability Living Allowance (Scotland)

What are the UK Spouse Visa’s Accommodation Requirement?

Your application must show provide evidence that there will be adequate accommodation, without access to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively: accommodation will not be regarded as adequate if it is, or will be, overcrowded; or it contravenes public health regulations.

A house is considered to be overcrowded if 2 persons aged 10 years or more of opposite sexes, who are not living together as husband and wife, must sleep in the same room. The Housing Act 1985 details the maximum number of people allowed for a given number of rooms or a given room floor area.

Account is taken only of rooms with a floor area larger than 50 square feet and rooms of a type used either as a living room or bedroom. Rooms such as kitchens or bathrooms are excluded.

Under the Housing Act, the number of people sleeping in accommodation must not exceed the following:

What are the UK Spouse Visa’s English Language Requirement?

The applicant will automatically satisfy the English language requirement if they are a national of Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; the British Overseas Territories; Canada; Dominica; Grenada; Guyana; Jamaica; Malta; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; or the United States of America.

Applicants from other countries should demonstrate some basic English proficiency, at a minimum of level A1 on the Common European Framework of Reference for Languages (CEFR), this can be met through passing an approved English Language test, or having an academic qualification taught in English.

This requirement increases to CEFR Level A2 when extending the visa within the UK, and to CEFR Level B1 when applying for settlement.

There are certain exemptions apply, for example, if you have a physical or mental condition preventing you from learning the English Language to the relevant level or if you are 65 or over.

The UK government’s May 2025 Immigration White Paper outlines plans to raise the English language requirements for visa applications to facilitate better integration into UK society, these proposed changes have not been implemented as of May 2025.

What are the UK Spouse Visa’s Intention to Live in the UK Permanently Requirement?

To obtain a Spouse Visa you must persuade UK Visas & Immigration that both you and your husband or wife genuinely intend to establish your permanent home in the UK. At the initial application stage this means providing clear, credible evidence that immediately after the visa is granted, or as soon as circumstances allow, you will move to the UK and begin living together as a couple.

When you later apply to extend your leave, or to settle permanently, the Home Office will scrutinise any time either of you has spent outside the UK. Absences must be limited, for sound reasons, and consistent with the ongoing plan to share a permanent home in the UK. For example short periods abroad for work assignments, holidays, training, or study. If either spouse spends most of their time overseas, officials may doubt the sincerity of the stated intention to live together in the UK. In deciding whether that doubt is justified, the Home Office looks at why the travel occurred, how long each absence lasted, and whether the couple travelled and stayed together during those periods abroad.

What if the Applicant does not meet any of these Requirements?

In circumstances where an Applicant does not meet standard Spouse Visa requirements, alternative human rights grounds or exceptional circumstances may be considered. Such cases may involve British or settled spouse or children in the UK, and exceptional circumstances which could render refusal of entry clearance or leave to remain a breach of Article 8 of the European Convention on Human Rights, because such refusal could result in unjustifiably harsh consequences for the applicant, their partner or a relevant child.

If the couple are already in the UK, they could also argue insurmountable obstacles will be faced by the couple if forced to live outside the UK, or other compelling circumstances.

It is important to speak to a qualified immigration lawyer if you do not meet the immigration rules but consider yourself having exceptional circumstances.

What is the UK Spouse Visa Application Process?

Applying for a UK Spouse Visa involves completing an online application form, paying the appropriate fees (£ 1,938 from outside the UK for an Entry Clearance or £1,321 if applying within the UK for a switch or extension), and submitting detailed supporting documentation. The format of these documents are explained in the Immigration Rules. Each document must meet strict requirement, and errors or omissions can lead to application refusal.

How Long is the UK Spouse Visa’s Duration and Extension?

Initially, a UK Spouse Visa granted outside the UK lasts for 33 months, whereas applications made within the UK typically provide 30 months. After this period, you must apply for an extension, again providing updated evidence that you meet all requirements. Following five years of continuous residence under this visa route, you become eligible to apply for indefinite leave to remain, provided you meet further requirements such as the Life in the UK test and English Language Requirement at CEFR level B1, this will potentially be increased to B2 due to the UK Government’s White Paper on 12 May 2025.

What Happens if my Spouse Visa is Refused?

If your Spouse Visa application is refused, you generally have the right to appeal, as these applications are inherently considered human rights claims. Appeals are heard by an independent immigration tribunal, where evidence and testimonies can be presented.

How Can Angelov Solicitors Assist?

Navigating the complex requirements of a UK Spouse Visa demands careful preparation and meticulous attention to detail. Our immigration solicitors regularly assist couples in successfully securing visas, providing tailored advice based on individual circumstances, particularly in complex financial or family situations.

To discuss your UK Spouse Visa application or for a tailored legal advice, contact our experienced immigration team today.