UK Spouse Visa

Often also referred to as a UK marriage visa, the UK spouse visa enables spouses of UK citizens or persons that are permanent residents in the UK, to apply to enter the UK or to remain in the UK on the basis that they are married to a person who is present and settled in the UK.

Being settled in the UK means that you are ordinarily resident in the UK with no immigration restrictions on the length of your stay. If your application for a UK spouse visa is successful you will be eligible to work in the UK as soon as the spouse visa is granted.

UK spouse visa - eligibility

To qualify for the UK spouse visa you must satisfy the following requirements:

  • You and your spouse with settled status in the UK must be 21 years of age or over.
  • You and your spouse must have met each other and you must be legally married. This requirement is in place to prevent situations that can occur as a result of arranged marriages whereby the husband and wife have never met.
  • You and your spouse must intend to live together on a permanent basis.
  • You and your spouse must have sufficient funds to support yourselves (and any dependants) without claiming public funds.
  • You must have suitable accommodation available for you, your spouse and any dependants.

UK spouse visa - duration

A spouse visa for the UK is usually issued for a period of two years. At the end of the initial two year period you can apply for Indefinite Leave to Remain (ILR) in the UK (also known as permanent residence) provided that you are still married and living with your spouse in the UK.

In some circumstances you may be eligible for ILR immediately when you make your initial application for a spouse visa, however this only applies if you have been married and living abroad with your spouse for at least four years at the time when you make your application for entry to the UK.

Once you have been granted ILR on the basis of your marriage to a UK national, you are eligible to apply for British naturalisation (also known as British citizenship).

UK spouse visa - additional information

Entry clearance
If you are seeking to enter the UK on the basis of your relationship with a UK national you are required to apply for entry clearance before you enter the UK.

If you are applying from inside the UK for leave to remain on the basis of your relationship with a UK national you must have leave to remain in the UK on a visa that is valid for six months at the time the application is made. Please note that you cannot switch into the spouse visa category if you are already in the UK and were initially admitted to the UK for a period of less than six months. For example, if you were initially admitted to the UK as a visitor or a short-term student.

    Dependants
    If you and your spouse have children who are under 18 years of age they are allowed to enter the UK as your dependants. You should make an application for your dependants at the same time that you make your UK spouse visa application.

    What to do if your relationship breaks down

    If your marriage, civil partnership or other relationship permanently breaks down while your partner still has only limited permission to enter or remain in the United Kingdom (that is, during the two-year probationary period before he/she can apply to live here permanently), you should tell the UK Border Agency by writing to:

    Evidence and Enquiry Unit
    Lunar House
    12th Floor (Long) Corridor
    40 Wellesley Road
    Croydon
    Surrey
    CR9 2BY

    You must quote your partner's full name (as recorded in his/her passport) and date of birth, and (if you know it) his/her entry clearance or UK Border Agency reference number.

    In this situation, your former partner's permission to stay in the UK may be cancelled. However, this will not automatically happen if the basis of his/her stay has changed - for example, he/she may qualify for permission to remain on a different basis, or there may be other compassionate or relevant reasons why it would not be appropriate to curtail his/her stay.

    If you write to inform the UKBA that your relationship has broken down, they will consider whether it is appropriate to curtail your former partner's permission to stay. Before taking any action they will ask for your permission to use the information you have given them.