Spouse Visa: How to Move to the UK with Your Loved One

How to organise a wedding in the UK? Which visa will allow you to live together with your British partner in their home country? And what visa is required to qualify for permanent residency and UK citizenship?

Here you will find the details about the different types of family visas to the UK and the main requirements that apply to them.

What do I need to know about family visas to the UK?

Key points on British family visas

Visa categories

Marriage visitor visa

It is not a family visa but a type of tourist visa. Created for anyone who wants to get married in the UK.

Issued for up to 6 months, after which the couple must leave the UK. If one partner is a UK citizen or permanent resident, the other partner will still have to leave and apply for a different visa category from their country of residence.

Does not entitle you to work in the UK, start a business or claim welfare benefits.

Fiancé/ Fiancée Visa

Designed for couples where one of the partners is a citizen or permanent resident of the United Kingdom. Requires proof of the authenticity of the relationship and the financial solvency of the partner. You will find the details of the requirements below.

It is issued for a period of 6 months to allow the couple to marry. The visa also allows you to apply for a spousal visa (wife’s visa) without leaving the UK. The time spent in the country on a fiancée visa does not count towards permanent residence status.

You can’t work or study in the UK with this type of visa. You can read more about the fiancée or fiancé visa here.

Spouse/ civil partner visa

Gives rights for a long-term residency to the spouse of a UK citizen or permanent resident.

Issued for 30 months if applied for within the UK or 33 months if applied for through an overseas diplomatic mission. After this period the visa can be extended for a further 30 months.

Allows you to study and work in the UK. Allows you to apply for permanent residency and then citizenship after 5 years of residence in the UK.

Visa for unmarried partners

Suitable for couples who are not planning to get married. One of the partners must be a British citizen or permanent resident. The couple must be in a relationship and have been living together for more than 2 years.

Issued for the same duration as a spouse visa.

Gives the right to work in the United Kingdom. Allows you to apply for permanent residence status in the future.

Family visas eligibility criteria

1. Your partner must reside in the UK as a citizen or permanent resident.Your English partner must legally reside in the UK. This can be either UK citizenship, indefinite leave to remain, or citizenship of a European Union country or Switzerland, Norway, Iceland, Liechtenstein, combined with a relocation permit issued under the pre-Brexit resettlement programme.
   It is important that the British subject or resident must actually reside in the United Kingdom or has a firm intention to return home and remain living there if the couple’s relationship was built outside the British Isles.
2. Both partners must be of legal age.Both partners must be at least 18 years of age to apply. Age is confirmed by copies of passports, which are sent together with the official visa application form.
3. The relationship between partners must be authentic.You need to prove that your relationship is genuine and your intentions are serious. To prove the authenticity of your relationship with a British person, prepare:
   • Joint photos and videos, if possible, from different events – holidays at the sea, hiking trips, dates, and dinners together. In other words, it is not enough to show only photos from your engagement or wedding as proof of a strong relationship.
   • Old airline and train tickets, travel vouchers, joint hotel bookings – documents that convincingly prove that you have spent time together repeatedly.
   • If you have lived together for a long time, you can provide shared rent bills and a joint bank statement.
     You need to show that you know each other well, have met in person and have spent a lot of time together. A remote relationship based solely on social media correspondence and video calls is not sufficient.
     The British immigration authorities may also request a face-to-face meeting with the applicant at which you will be asked questions about certain facts, dates and circumstances of meetings with your British partner. These questions will usually be based on the material you provide as evidence of a strong relationship.
     
4. All previous marriages of both partners must be legally annulled.It is necessary to provide documents proving the end of each of the marriages in which both partners were married in the past. Such documents are divorce certificates or death certificates of the previous spouse.
5. For a spouse visa, the marriage must be recognised by the British authorities.Nuances worth paying attention to here:
   • Marriages between blood relatives are forbidden in Britain.
   • The religious ceremony can be equivalent to the official registration of marital relations only if it took place on the territory of Great Britain and in the Anglican Church. In other cases, the British authorities do not recognise a church marriage.
6. The couple must have sufficient funds to live together within the United Kingdom.The minimum combined income of a couple for a spouse visa is now £29,000 per annum. This takes into account wages, various types of pensions, allowances, dividends, interest on deposits, royalties, etc. In short, labour and non-labour income received by the applicant or a British partner on a regular basis.
   The income of a spousal visa applicant is only taken into account if:
   • funds are earned on a regular basis in the UK;
   • application is also submitted domestically.
     To prove a family’s financial solvency, you can use:
     
     • bank statements;
     • references from the tax authorities;
     • paid receipts;
     • employment contracts and letters from the employer;
     • financial records of a company or partnership that brings one spouse regular income in the form of dividends.
       Savings can also cover all or part of the amount needed. To determine the amount of savings required, multiply the missing annual income by 2.5 and add £16,000. So, if you have no regular income and are relying on savings alone, you should have at least £88,500 in your bank account or your partner’s bank account.
       If you obtained your spousal visa before the new spousal income and savings limits were set (April 2024), to extend your immigration status, a couple will only need to earn £18,600 a year or have £62,500 in savings in deposit accounts.
       
7. Spouses must have a place to live together in the UK.It is necessary to provide proof of ownership or a tenancy agreement for the accommodation in which the couple intends to live in the United Kingdom. The accommodation must be of an appropriate quality and of sufficient size to accommodate the couple.
   To find out how many rooms and squares of living space your UK spouse should have so that they can move the whole family to their home country without any problems, contact Imperial & Legal for a consultation.
8. The couple should plan to continue living together in the UK.Intent must be demonstrated by both the applicant and the receiving party. Traditionally, a letter of intent serves as proof. If you are having difficulty drafting such a letter, our immigration lawyers are here to help.
9. Applicant’s A1 level English proficiency.
10. Applicant has no criminal or immigration offences.
11. A negative TB test if the applicant is a resident of one of the countries on the Home Office list.

What kind of government fees and charges will applicants for spousal and fiancée/fiancé visas need to pay?

Barring the financial requirements and the cost of an immigration lawyer, you will also have to pay:

1. Visa Fee. It is a fee that the applicant must pay during the application process. In case of refusal, this fee is non-refundable, so it is important to consult a lawyer at every stage of the visa application process.
2. Immigration health surcharge. It is an obligatory fee which allows you to use the British medical system. This fee is paid in advance by the applicant for a long-term visa. The amount depends directly on the duration of the residence permit.

The IMS is £1035 per annum. For spousal visas, the medical fee will be:

• £2,587.5 – if the application was made in the British kingdom;
• £ 3,105 – if the application was made overseas.

Costs of obtaining a fiancée visa and spouse visa

How do I get married if one partner is British?

If one partner is resident in the UK and the other is not a citizen of the UK or a European country, you can choose one of the following marriage options before you get married:

A wedding in the UK

You will, first, need to obtain a wedding visitor visa or fiancé/fiancée visa to have a wedding in Britain.

A wedding visitor visa means that you will have to leave the country after your marriage. You will only be able to apply for a spouse visa from your home country. The separation from your loved one is slightly offset by the lower cost of the visa, minimal application documents and no additional financial requirements.

The Fiancée Visa to England allows a non-resident partner to apply for a spouse’s visa without leaving the UK. However, it will cost considerably more. There are also financial restrictions, which we discussed earlier. The British spouse must show annual earnings of at least £29,000.

ILR and citizenship on a spousal visa

The standard route to British citizenship usually takes 5 years. It can be divided into the following stages:

1. Obtaining a spousal visa and moving to England.
2. After 2.5 years of marriage (if filing domestically) – spousal visa extension.
3. After 5 years of cohabitation in the UK with a British spouse in the immigration status of wife, husband or civil partner you can apply for permanent residence or ILR (Indefinite Leave to Remain).
4. Immediately after obtaining a residence permit, you apply for British citizenship. Once citizenship is granted, a British passport is issued.

When an indefinite residence permit is postponed for ten years

If for any reason you do not fulfil the necessary requirements in terms of income, living conditions, etc., the period of obtaining a residence permit can be extended to 10 years. If the situation has changed and all the requirements are met, you can go back to the 5-year path – if necessary, we will advise our clients in detail on how to do this.

Imperial & Legal lawyers will take care of bureaucratic formalities on their own. Our specialists will help you decide on the type of family visa to England, prepare documents taking into account all the subtleties of the migration law of the country and provide the necessary legal support in obtaining permanent residence and citizenship of Great Britain.