UK Spouse Visa Guide (2026) – Advice from a UK Immigration Solicitor

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If you are applying for a UK spouse or partner visa, getting it wrong can lead to refusal, delays, and wasted fees. As a UK immigration solicitor, I regularly see strong applications fail due to avoidable mistakes.

This guide explains exactly how to apply, what the Home Office looks for, and how to maximise your chances of approval.

What Is a UK Spouse or Partner Visa?

A UK spouse visa allows you to live in the UK with your partner if they are:

  • A British citizen
  • Settled in the UK (indefinite leave to remain)
  • Holding qualifying immigration status

Applications are made under Appendix FM of the Immigration Rules.

Types of UK Partner Visa Applications

Depending on your situation, you will apply for:

  • Spouse visa from outside the UK (entry clearance)
  • Spouse visa extension (leave to remain)
  • Indefinite leave to remain (ILR) after 5 years

A UK immigration solicitor can advise which route applies to you and avoid costly errors.

How to Apply for a UK Spouse Visa

To submit a valid application, you must:

  • Complete the correct online application form
  • Pay the Home Office application fee
  • Pay the Immigration Health Surcharge (IHS)
  • Provide valid identification and supporting documents

Immigration Health Surcharge (IHS)

  • Outside UK (33 months): approx. £3,105
  • Inside UK (30 months): approx. £2,587.50

Fee waivers may be available, but require strong supporting evidence.

What You Get If Approved

A successful application will grant:

  • 33 months’ leave (from outside the UK), or
  • 30 months’ leave (from within the UK)

You can:

  • Work in the UK
  • Not access public funds (unless exceptional circumstances apply)

You may qualify for settlement after 5 years (or 10 years in more complex cases).

UK Spouse Visa Requirements

To succeed, you must meet strict Home Office requirements. A UK immigration solicitor will typically assess your case under two categories:

1. Suitability Requirements

These relate to your:

  • Immigration history
  • Criminal record
  • Conduct and character

Since 2025, stricter rules apply under “Part Suitability,” increasing refusal risks if issues are not addressed properly.

2. Eligibility Requirements

You must satisfy:

  • Relationship requirements
  • Financial (maintenance) requirements
  • Accommodation requirements
  • English language requirements

Relationship Requirements

You must prove that:

  • Your relationship is genuine and ongoing
  • You have met in person
  • You intend to live together permanently in the UK

Additional criteria:

  • Married or civil partners: marriage must be legally valid
  • Unmarried partners: at least 2 years’ cohabitation
  • Fiancés: intention to marry in the UK

For extensions and ILR, you must also show ongoing cohabitation.

Financial Requirements (Spouse Visa UK)

You must demonstrate that you can support yourselves without relying on public funds. Current General income threshold is £29000 with lowers therheodls for disability case or those falling under transation pre-april 2024

This is one of the most common reasons for refusal.

A UK immigration solicitor can help you:

  • Structure your income correctly
  • Avoid common document errors
  • Ensure compliance with strict Home Office evidence rules

Switching to a Spouse Visa Inside the UK

You can switch if:

  • You are not in the UK as a visitor
  • Your visa is valid for more than 6 months
  • You are not on immigration bail

If you are on a visitor visa, you must apply from outside the UK.

English Language Requirement

You must prove English ability unless exempt.

Accepted options:

  • Approved English language test
  • Degree taught in English
  • Nationality from a majority English-speaking country

Required levels:

  • A1 – initial visa
  • A2 – extension
  • B1 + Life in the UK Test – settlement

Indefinite Leave to Remain (ILR)

You can apply for permanent residence after:

  • 5 years (standard route), or
  • 10 years (exceptional circumstances route)

Key points:

  • You cannot combine 5-year and 10-year routes
  • Time as a fiancé does not count
  • You must show continuous residence in the UK

Common Reasons for Refusal

As a UK immigration solicitor, the most frequent issues I see are:

  • Incorrect or missing documents
  • Failure to meet financial requirements
  • Weak evidence of a genuine relationship
  • Ignoring suitability issues

These applications are technical—small mistakes can lead to refusal.

Do You Need a UK Immigration Solicitor?

You are not required to use a solicitor, but in practice:

  • The rules are complex
  • Evidence requirements are strict
  • Refusals are costly and time-consuming

Working with an experienced UK immigration solicitor significantly reduces risk and improves your chances of success.

You may contact us by filling out our Quick Enquiry form if you need assistance or wish to discuss your circumstances with a qualified UK immigration solicitor. You can also call during office hours on 07544 669131 or 0116 3800 744.

Cross Border Legal Solicitors Ltd is a UK solicitor law firm regulated by the Solicitors Regulation Authority. The firm is headed by Mr Tito Mbariti, a UK Immigration and Human Rights Solicitor, practising lawyer, and member of the Law Society of England and Wales.
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