Are you looking to reunite your family in the UK? Well, as you might already be aware, the UK immigration process is only getting stricter and more unreasonable, so that’s why we’ve created this complete guide for how to bring a foreign spouse to the UK.
It can be a lengthy process with lots of hoops to jump through, so be prepared to get all of your documentation in order and give yourself plenty of time to get the process done.
So, with that in mind, let’s dive in and find out more about bringing a foreign spouse to the UK.
Can You Bring Your Foreign Spouse to the UK?
Okay, so first things first, can you bring your foreign spouse to the UK? Well, yes, you can, provided that you can meet all the eligibility and criteria to secure a UK Spousal Visa.
This is a pretty extensive list, and the UK government doesn’t approve Spousal Visas lightly. The red tape and bureaucracy are real!
If you’re not married or in a civil partnership with your British other half, but are engaged to be married, then maybe a short-term Fiance Visa might be more appropriate for you right now.
However, if you are married or in a civil partnership with a British citizen and meet all the requirements necessary for a UK Spousal Visa, then keep reading to find out how to bring your foreign spouse to the UK.
What is a Spousal Visa?
A Spousal Visa is a version of the UK Partner Visa that allows anyone who is married, engaged, or in a civil partnership with a permanent British resident or citizen to come and live and work in the UK.
Unlike a lot of visas in the UK, your eligibility for a Partner Visa or Spousal Visa relies on your partner’s information more than your own. As they’re the person bringing you to the UK, they’re responsible for you.
Once you have a UK Spousal Visa, you’ll be able to live, study, and work in the UK like any other resident or citizen. That being said, you won’t be able to apply for or claim benefits, which are reserved for British permanent residents and citizens.
Who is Eligible for a Spouse Visa in the UK?
In order to apply for a Spousal Visa in the UK, you need to meet a set of specific criteria.
- You need to be aged 18 or over
- You have to either be married or in a civil partnership that is recognized by the UK government
- You need to be married or in a civil partnership with a British citizen or UK-settled person (permanent resident)
- You have been living together in a relationship for at least the past two years, with proof
- Or if you’re engaged, or hold a valid UK Fiance Visa and are going to get married within six months of being in the UK.
What Do You Need to Apply for a Spousal Visa in the UK?
As with any visa application, there is a whole host of documentation and criteria to meet when applying for a Spousal Visa in the UK. The list is pretty long, so make sure you give yourself enough time to make sure you can tick every box before applying for your visa.
You will need to:
- Provide all the required documents (listed in a section below)
- Complete and pass the ‘Genuine Relationship Test’
- Meet the minimum income threshold as well as the minimum financial requirement
- Prove your English Language level with a specific test
- Prove that you, your partner, and any dependents have suitable accommodation
- Have your biometric prints taken
- You may also need a medical test to prove you don’t have Tuberculosis (TB), but this depends on your country of residence.
What is the Genuine Relationship Test and How Does It Work?
One of the main things that you have to prove when applying for your UK Spousal Visa is your relationship with your British citizen or UK Settled partner.
This is a part of the partner visa process pretty much anywhere in the world, but in the UK, the process has a specific name which is the Genuine Relationship Test.
Essentially, you have to prove to the UK Home Office that you’ve been living together in a romantic, committed relationship, and this can be done in a wide range of ways, including using the following documentation:
- Any proof of shared accommodation, such as a joint mortgage or tenancy agreement. These can be in the UK or overseas.
- The birth certificate for any children you have together.
- Any photos that show you’ve been together frequently and over a significant amount of time.
- Evidence of a shared bank account or savings.
- Any text messages or social media chat logs that show you’re together.
- Any travel documents that show you’ve visited each other at least once before you got married. These can include visas for staying in your partner’s country, flight tickets, or other documentation.
- Any documents that prove that you intend to live together in the UK. This includes tenancy agreements, house purchases, mortgages, etc.
The more evidence you can provide, the stronger your case is going to be. So, don’t stop at just one or two items on this list, instead, give the UK government an airtight case that they will be hard-pressed to reject!
What Are the Financial Requirements for the UK Spousal Visa?
So, the financial requirements for getting a UK Spousal Visa actually depend on the British citizen or UK-settled partner in the relationship – not the overseas person applying for the actual visa.
The financial requirements for a UK Spousal Visa are set to change soon, and there have been a whole range of different numbers floating around.
As it stands, the minimum financial requirement your British spouse needs to earn each year before tax is £18,600. In Spring 2024, this is set to go up to £29,000. The UK Government wanted to increase the amount to £38,700 but faced a lot of backlash and reduced the increase.
That being said, the government still plans to raise the amount to £38,700 in 2025. However, there is an election due before then, so there’s a good chance that this increase won’t actually happen.
These numbers are all in you and your spouse has no dependents. If you have one child, the minimum requirement goes up by £3,800, and for every subsequent child it’s £2,400 before tax. So, if you have two children together, the minimum financial requirement that your UK-based spouse will need to make each year before tax is £35,200.
What Forms of Income Can Be Used Towards Your Financial Criteria?
When you’re trying to get your financial requirements together, you don’t have to solely rely on your income. In fact, you can use a wide range of income types towards your financial requirements.
You can use
- Money from your savings if they’re over £16,000.
- Money earned from employment or self-employment
- Any work-based financial benefits, such as maternity, paternity, or sick pay
- Money from pensions
- Other income such as rent, shares, or passive income.
All in all, you need to make sure that you can reliably meet the financial criteria each year. So if you’re relying on maternity contributions, they’re only going to be accessible for one of the two years and nine months that a Spousal Visa lasts for. This might not be enough year-on-year.
Also, if you’re using money from passive income, make sure you’ve cleared it with the UK man otherwise known as HMRC! You can have up to £1,000 tax-free allowance per year on a side hustle; otherwise, you need to formally register your business and pay your tax returns each year.
If you plan to use your savings, you need to ensure they last the full two and a half years of a UK Spousal Visa. To work this out, minus any other eligible income from your minimum requirement. And then afterwards you need to multiply this figure by 2.9 and add 16,000.
Can You Use Benefits for Your UK Spousal Criteria?
If you are claiming one of the following UK benefits, you do not have to meet the £29,000 minimum financial requirement.
- Disability Living Allowance
- Severe Disablement Allowance
- Industrial Injuries Disablement Benefit
- Attendance Allowance
- Carer’s Allowance
- Personal Independence Payment
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
- Constant Attendance Allowance, Mobility Supplement, or War Disablement Pension under the War Pensions Scheme
- Police Injury Pension
However, this doesn’t entirely remove the financial requirement from the UK Spousal Visa process. You still have to make sure that you can support your overseas spouse.
This amount is determined on a case-by-case basis and is referred to as “adequate maintenance”.
Although the amount varies, you typically have to have at least £120 leftover after rent and bills, with the amount rising for each child or dependent that joins you.
What Level of English Do You Need to Take for a UK Spousal Visa?
In order to be eligible for a Spousal Visa in the UK, you need to pass a recognized Secure English Language Test (SELT). This tests your speaking and listening skills in English, so it tends to be more practical.
However, the only places that offer SELT tests in the UK for immigration are the Trinity College London or the IELTS (International English Language Testing System) Consortium. So, you need to make sure you book a test through one of these channels to make sure it’s official.
There are also a couple of instances when you don’t need to get a SELT or prove your English levels.
- If you’re under 18 or over 65
- Are a national of a majority English-speaking country
- Have a long-term mental or physical condition.
If you’ve completed a degree or university course in English or the course was taught primarily in English, you can get it confirmed by the UK National Academic Recognition Information Centre (NARIC), and then you won’t need to take a SELT either.
However, if you don’t get it recognized by the UK-NARIC then you won’t be able to use it as valid English language competence evidence and will have to complete a SELT.
Spousal Visa Accommodation Requirements
A huge part of your Spousal Visa application process is having adequate accommodations for you, your spouse, and any dependents to stay in once you’ve been approved.
Again, this is something that your UK Settled partner needs to prove, and this is done by providing a description of the housing situation, proof that you have enough rooms for the number of people, and that you can afford to keep the accommodation for your family.
The number of rooms that you’ll need in your accommodation depends on the number of occupants and the relationship between them.
As a general rule of thumb, everyone needs their own rooms, except in specific circumstances.
- Couples can share a room
- Living rooms can be included as a bedroom
- Children under 1 do not need their own room
- Children aged 1-9 years old count as half a person
- Children aged 10 years or over count as an adult
- Children aged 10 years or over of the opposite sex aren’t allowed to share a room
So, when you look at the list, you can work out how many bedrooms your place needs to be listed as “adequate” by the UK immigration service. Of course, the more people, the more rooms you’ll need, and the higher your minimum financial requirement will be.
What Documentation Do You Need for a UK Spousal Visa?
Of course, no visa process would be complete without a giant list of official documentation, and the UK Spousal Visa is no different!
We’d recommend making plenty of copies of these documents, as you’ll have to reapply for visas and need some of these documents to sign up for doctors’ surgeries, bank accounts, phone contracts, jobs, and more!
The documentation you’ll need to submit for your UK Spousal Visa application.
- Your original marriage or civil partnership certificate
- Proof that you and your partner have been living together for at least the past two years. These can be photographs, rental contracts, bank statements, mortgages, etc.
- A valid passport with space for a visa
- Proof that you meet the English Language requirement
- Proof of adequate accommodation
- Proof of a genuine relationship
- Proof that you meet both the income threshold and the financial requirement
- Proof that your spouse is a British citizen or settled person. You can use their passport for this.
If your official documents are in a language other than English, you will need to pay for official translations to be made. You’ll need to submit both the original non-English document and the professionally translated version as well.
How Do You Apply for a UK Spousal Visa?
So, now that you know all about the eligibility and requirements for a UK Spousal Visa, it’s time to take a look at the actual application process.
First things first, you can start your application for a UK Spousal Visa overseas. This starts off with an online application form called Appendix FM.
While pretty much all of the application process can be done overseas and remotely, you might need to go to a visa application center to sort out your biometric prints and scans.
If you’re applying from within the UK, you’ll need to prove that you’re on a valid visa and convert your visa into a Spousal Visa. The upside of this is that the process tends to be a lot quicker, and you’ll have a lot of the paperwork already, thanks to applying for your previous visitor visa.
Occasionally, you might be invited for an interview by the Home Office. This is normally if your application isn’t clear or if they have any kind of doubts. Basically, they’ll ask you about your relationship, your application answers, and your financial and accommodation setup, and ensure everything matches up.
How Much Does a UK Spousal Visa Cost?
The cost of a UK Spousal Visa varies based on whether you’re applying for your visa in the UK or overseas.
If you’re applying from overseas, it’s going to cost you more than if you’re in the country. Overseas visa applications cost £1,538, whereas applying within the UK only costs £1,048. This is the base rate for one spouse applicant; if you’re bringing dependents, you’re going to have to pay for each one.
There are also a whole host of other fees that you might have to pay, including translation services, English tests, Immigration Health Surcharges, or premium priority services for a fast-tracked approval process.
You might also need to pay for official copies of your documentation and certificates if you don’t have them to hand.
All in all, it’s a pretty expensive undertaking, so you might need to save up and take stock of your and your spouse’s finances before starting the application process.
How Long Does a UK Spousal Visa Take to Process?
Depending on where you make the application from, the UK Spousal Visa process can take anywhere from two to 12 weeks. Of course, if you’re in the UK, it’s going to take less time, but if you’re on a short-term visitor visa, you might be cutting it fine as these visas are three months long at the absolute maximum.
You can pay extra for a premium priority service, but it still takes a while to get all your documentation and evidence together, so you need to give yourself plenty of time to get it all sorted.
If you’re applying from overseas, you should not book your flights or organize any weddings, events, jobs, or accommodation-related arrangements until your visa has been formally approved.
Although the average waiting period is 2-12 weeks, it can always be longer, especially if you’re applying from overseas. During busy periods, it has been known to take up to 20 weeks for Spousal Visas to be processed, so don’t make any hard and fast plans that can’t be changed!
How Long Does a UK Spousal Visa Last?
A Spousal Visa in the UK lasts for an initial period of 2 years and 9 months. After this point, you’ll need to reapply for an extension, which lasts another two years and six months.
The reason that they’re this length is that it’s three months longer than the five-year minimum stay period that you’ll need to make you eligible for Indefinite Leave to Remain (ILR).
This is the UK version of permanent residency, but you can only apply after you’ve lived in the UK for five years. If you’re approved, you’ll be categorized as a settled person and won’t have to keep reapplying for visas!
Keep in mind that you want to start your renewal process in plenty of time, as the visa application process in the UK is notoriously slow. Give yourself those extra three months on the first visa to sort out your renewal process – that’s pretty much what it’s there for, so use it as a guide.
Can You Renew a UK Spousal Visa?
Yes, you can renew your UK Spousal Visa once. The second time you apply for the visa, you’ll get an extra two years and six months allowance on your stay in the UK, where you can live, study, and work.
After this point, you can apply for Indefinite Leave to Remain (ILR), or settled status, where you can stay in the UK as a permanent resident without having to reapply year-on-year.
All in all, it works out as two years and nine months initially, a two-year and six-month renewal, bringing your total stay to over five years, which is necessary to apply for your settled status.
What Happens Once You’re Accepted?
Once your UK Spousal Visa is approved, you’ll be given 30 days’ worth of Indefinite Leave to Remain (ILR) to enter the country. When you arrive in the UK, you only have up to 10 days to get your Biometric Residence Permit (BRP).
A Biometric Residence Permit is a permit that has all your demographic information, as well as your immigration status and biometric information (fingerprints and facial imagery).
This is something that you need to keep on your person at all times and will serve as proof of your immigration status when you want to get a job, enroll in school or university, or do things like sign up for a doctor’s surgery or get a bank account.
If you don’t arrive in the UK within that initial 30-day period, you need to reapply for another 30-day entry permit. You’ll need to pay an additional fee if this does happen, so try your best to be on top of things and book your flights or transport as soon as you get your visa approved!
If you’re already in the UK, then you just have to worry about getting your Biometric Residence Permit within 10 days of being approved!
Can I Appeal a Visa Rejection?
Yes, you can appeal if your UK Spousal Visa is rejected. It’s not a short process and is filled with even more bureaucracy and red tape.
You have up to 14 days to appeal if you’re applying within the UK or 28 days if you’re applying overseas, and you have to submit your appeal claim to the Immigration Asylum Chamber.
You’ll need to submit all your documentation, explain why you think the decision was incorrect, and potentially attend an Immigration Tribunal where you can formally state your case in front of a board of officials.
How Long Does the Appeal Process Take?
Unfortunately, the appeal process is even longer than actually applying for a UK Spousal Visa in the first place. Appeals can take up to a full year to be heard and responded to, which is kind of ridiculous!
Even after that point, there are no guarantees that they’ll overturn their initial ruling, and you still might not be able to bring your foreign spouse to the UK.
Why Do UK Spousal Visas Get Rejected?
Okay, to avoid getting rejected, you might want to make yourself familiar with some of the common reasons why visa applications fail.
Popular reasons include, but aren’t limited to
- Not meeting the financial or language requirements
- Failure to prove that the marriage is genuine
- Not submitting the correct supporting documents
- Incomplete application
- Lying on your application
Some of these are no-brainers, like of course you’ll get rejected if you’re lying on your application or don’t meet the minimum requirements. However, things like incomplete applications can easily be missed if you don’t double-check your forms, so make sure you look over them dozens of times.
No one wants to throw over £1000 down the drain over missing out a form field by accident!
What Happens if My Relationship Ends?
If your relationship ends, you need to let the government know and find alternate visa options as soon as possible. Think of it this way: your UK-based spouse is your sponsor, like how a company can sponsor you on a work visa.
If you move on from the job, you need to find someone else to take over your visa sponsorship. Spouse visas work in a similar way!