Spouse or Partner Visa UK

Partner visa route is for those seeking to enter or remain in the UK on the basis of their family life with a person who is:

• a British Citizen,
• settled in the UK (holding ILR / settled status)
• in the UK with limited leave as a refugee or person granted humanitarian protection
• in the UK with limited leave under Appendix EU
• in the UK with limited leave as a worker or business person by virtue of either Appendix ECAA Extension of Stay or under the provisions of the relevant 1973 Immigration Rules (or Decision 1/80) that underpinned the European Community Association Agreement (ECAA) with Turkey prior to 1 January 2021.

Partner visa includes applications as a spouse, civil partner, unmarried partner and same-sex partner of the UK partner. An unmarried partner or same-sex partner is someone who has been living with a UK partner in a relationship akin to a marriage or civil partnership for at least two years before the date of application. All applications for partner visas are made under Appendix FM of the Immigration Rules. There are two routes to settlement (ILR) under the partner visa route which are:

• 5 years partner visa route (this route leads to ILR after 5 years)
• 10 years partner visa route (this route leads to ILR after 10 years)

Yes, you can apply for your partner visa entry clearance from outside the UK through Priority Service to get a decision on your application within 30 working days. For an in-country application, you can apply for your partner visa through Super Priority Service to get a decision on your application within 24 hours.

You will qualify for Indefinite Leave to Remain (ILR) after 5 years of continuously living in the UK under a partner visa 5 years route. Alternatively, you will qualify for Indefinite Leave to Remain (ILR) after 10 years of continuously living in the UK under a partner visa 10 years route.

According to Appendix FM of the Immigration Rules, “partner” means-

• the applicant’s spouse;
• the applicant’s civil partner;
• the applicant’s fiancé(e) or proposed civil partner; or
• a person who has been living with the applicant in a relationship akin to a marriage or civil partnership for at least two years before the date of application, unless a different meaning of partner applies elsewhere in Appendix FM of the Immigration Rules.

The requirements for a partner visa UK include the following:

• Relationship requirement: The applicant must be either a spouse, civil partner, fiancé(e) or proposed civil partner, an unmarried or same-sex partner who has lived together with the UK sponsor for at least 2 years before the date of application. Applicant's relationship with the UK sponsor must be genuine and subsisting;
• Both the applicant and the applicant's UK partner must be aged 18 or over at the date of application;
• Financial requirement: The applicant must meet the financial requirement of £18600 gross per year. In in-country applications, the income of both the applicant and the UK sponsor can be combined but in entry clearance applications from outside the UK, the income of the UK sponsor only can be counted to meet the financial requirements;
• Accommodation requirement: There should be adequate accommodation for the applicant and the UK sponsor to stay in the UK residential premises which should not be overcrowded as a result of the applicant and the UK sponsor living in the property;
• English language requirement: The applicant must meet the English language requirements to the required level which is level A1 for an initial application, level A2 for an extension application and level B1 for an ILR application;
• Suitability requirements: The applicant's application for a partner visa should not fall for refusal under the suitability requirements as set out in Appendix FM of the Immigration Rules;
• Tuberculosis Test Certificate: For partner visa entry clearance, the applicant must provide the tuberculosis test certificate if the applicant is a national of a country listed in Appendix T of the Immigration Rules.

The initial partner visa is granted for the following periods:

• 6 months if you apply as a fiance or proposed civil partner from outside the UK;
• 33 months if you apply for entry clearance as a spouse, civil partner, same-sex partner or unmarried partner from outside the UK;
• 30 months if you apply for leave to remain as a spouse, civil partner, same-sex partner or unmarried partner from inside the UK.

The main differences between the partner visa 5 years route and 10 years route include the following:

Qualifying period for ILR

Under the partner visa 5 years route, you can apply for ILR once you have spent 5 years in the UK under the partner visa 5 years route. Under the partner visa 10 years route, you can apply for ILR when you have completed 10 years in the UK under the partner visa 10 years route, including any time spent previously under the partner visa 5 years route. Any time spent under the 5-year route can be combined with the 10-year route when calculating a period of 10 years to qualify for ILR under the 10-year route.

Financial Requirement

The partner visa 5-year route requires the applicant to meet the financial requirement of earning £29,000 gross per year, but there is no financial requirement or even adequate maintenance requirement for an application under the partner visa 10-year route.

English Language Requirement

The partner visa 5-year route requires the applicant to meet the English language requirement in listening and speaking only, whereas the partner visa 10-year route does not.

Immigration Status Requirement

The partner visa 5 years route requires the applicant to meet the Immigration Status requirement by not being a visitor and by having leave to remain, which was granted for a period of longer than 6 months, whereas the partner visa 10 years route requires that the applicant can meet the immigration status through immigration bail. On an exceptional basis, even an overstayer can succeed in an application for a partner visa under the 10-year route, but you cannot succeed under the 5-year route without meeting the immigration status requirement.

Paragraph EX1 Of Appendix FM

An applicant for leave to remain under the partner visa 5 years route does not have to meet the requirements of paragraph EX1 of Appendix FM of the Immigration Rules, whereas a person applying for leave to remain as a spouse under the 10 years route must meet the requirements as set out in paragraph EX1 of Appendix FM of the Immigration Rules.