You can apply online to switch to a UK spouse visa from inside the UK if you are a UK resident and married to a qualifying UK spouse. An application for switching into a spouse visa is made in accordance with the requirements set out in Appendix FM: Family Members and Appendix FM-SE: Family Members Specified Evidence of the Immigration Rules. An application to switch to the 5-year spouse visa route is made using the FLR (M) form. An application to switch to a spouse visa from inside the UK can be submitted to the UKVI via the Super Priority Service for a decision within 24 hours.
Premium Solicitors are specialist UK immigration solicitors, open 7 days a week, providing expert SRA-regulated visa and immigration services with 5-star Google Reviews from 99% of clients. Contact us for 5 minutes of Free Immigration Advice.
Switching to a spouse visa (5-year route) means changing your current immigration status from another visa category to a spouse visa while remaining in the UK. If approved, you will normally be granted 30 months' leave to remain and can apply for a further 30-month extension before becoming eligible for Indefinite Leave to Remain (ILR) after completing 5 years on the spouse visa route.
If you are already in the UK and wish to switch to a spouse visa under the 5-year settlement route, our specialist immigration solicitors can provide expert legal advice and representation throughout the application process. At Premium Solicitors, our team of specialist spouse visa solicitors has extensive experience assisting applicants seeking to switch from another immigration category to a spouse visa, helping them build a pathway to Indefinite Leave to Remain (ILR) and British citizenship.
Our experienced immigration lawyers are available 7 days a week and provide professional legal services to clients across the UK and worldwide.
- Page Contents
- Free Immigration Advice
- Requirements for Switching
- How to Apply?
- Super Priority Service
- Switching from Other Visas
- Appeal Against the Refusal
- How Our Solicitors Can Help
- Why Choose Us?
- Our Team of Immigration Solicitors
- Book an Appointment
- Our Fixed Fees
- Get a Quote
- Other Related Services
- Frequently Asked Questions (FAQs)
Free Immigration Advice for Switching to a Spouse Visa (5-Year Route)
Our specialist spouse visa solicitors can provide 5 minutes of free immigration advice on your application to switch to a spouse visa from inside the UK. Ask a question to our specialist team of spouse visa solicitors for free immigration advice online, or book an appointment online for detailed immigration advice with our specialist spouse visa solicitors for your application for switching into a spouse visa (5-year route).
Requirements for Switching to a Spouse Visa (5 Years Route)
The requirements for switching to a spouse visa under the 5-year route from inside the UK include the following:
- Immigration Status Requirement
- Relationship Requirement
- Age Requirement
- Financial Requirement
- English Language Requirement
- Accommodation Requirement
- Suitability Requirement
Immigration Status Requirement
The Appendix FM of the Immigration Rules requires that the applicant must meet the immigration status requirement to successfully switch to a spouse visa (5-year route) from inside the UK. For an application for switching into a spouse visa under the 5-year route to succeed, the applicant must not be in the UK-
- as a visitor; or
- with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings
Relationship Requirement
The applicant must be the spouse of a British Citizen, a person with ILR/settled status, an EU national with pre-settled status, a refugee / humanitarian protection status holder, a Turkish Businessperson visa holder, or a Turkish Worker visa holder. The applicant's relationship with the UK sponsor must be genuine and subsisting, and appropriate evidence of its genuineness and subsistence must be provided in support of the application to switch to a spouse visa.
Age Requirement
If you are applying to switch to a Spouse Visa (5-Year Route) from within the UK, one of the fundamental eligibility requirements is that both the applicant and their sponsoring partner must be at least 18 years old on the date of application. This requirement is set out in Appendix FM of the Immigration Rules and applies to all partner applications made under the 5-year route to settlement.
At Premium Solicitors, our specialist spouse visa solicitors can assess your eligibility and ensure that your application satisfies all the requirements of the Immigration Rules before submission.
Financial Requirement
The applicant should meet the financial requirements for switching to a spouse visa (5-year route). The financial requirement can be met through
- income of the applicant and/or UK sponsor (£29,000 gross per year) from employment or self-employment; and/or
- savings of the applicant and/or the sponsor; or
- through the rental income of the applicant and/or the sponsor.
Financial Requirement of £29,000 Gross Per Year From 11 April 2024
As a result of changes to Appendix FM of the Immigration Rules effective from 11 April 2024, the new financial requirement of £29,000 gross per annum applies to an applicant who is applying for switching to a spouse visa on or after 11 April 2024. You will not have to meet income requirements of higher than £29,000 gross per annum if you have any dependent children applying simultaneously along with the lead applicant, and the threshold will remain at £29,000 gross per annum.
To satisfy the financial requirements for a spouse visa, the applicant and/or the applicant's UK partner must be working and earning at least £29,000 gross per year. The Applicant can combine the employment income under Category A with savings if the employment income is less than £29,000 gross per annum. The savings must be £16,000 plus additional savings equivalent to 2.5 times the difference between the applicant's and/or sponsor's gross annual income and £29,000.
Various Sources of Income to Meet the Financial Requirements
Where the applicant has to meet the minimum income threshold, the financial requirement can generally be met in the following five ways:
- Income from salaried or non-salaried employment of the partner (and/or the applicant if they are in the UK with permission to work). Depending on the employment history, this is referred to as Category A or Category B.
- Non-employment income, such as income from property rental or dividends from shares, is referred to as Category C.
- Cash savings of the applicant’s partner and/or the applicant, above £16,000, held by the partner and/or the applicant for at least 6 months and under their control. This is referred to as Category D.
- State (UK or foreign), occupational or private pension of the applicant’s partner and/or the applicant. This is referred to as Category E.
- Income from self-employment, and income as a director or employee of a specified limited company in the UK, of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category F or Category G, depending on which financial year(s) is/are being relied upon.
Adequate Maintenance Requirement
Where the applicant’s partner receives any of the following benefits or allowances in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold of £29,000:
- Carer’s Allowance.
- Disability Living Allowance.
- Severe Disablement Allowance.
- Industrial Injuries Disablement Benefit.
- Attendance Allowance.
- Personal Independence Payment (PIP).
- 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.
If the applicant’s partner is receiving one of the above benefits or allowances on behalf of their child, the applicant will be able to qualify by meeting the financial requirement through “adequate maintenance.” The evidence required to demonstrate that the applicant’s partner is in receipt of a specified benefit or allowance is specified in Appendix FM-SE.
How to Calculate Adequate Maintenance?
The Home Office UKVI will use the following formula to determine whether you meet the adequate maintenance requirement for switching to a spouse visa from inside the UK:
A – B ≥ C (A minus B is greater than or equal to C)
Where:
A is the net income (after deduction of income tax and National Insurance contributions);
B is housing costs (Rent and Council Tax); and
C is the amount of Income Support an equivalent British family of that size can receive.
Accommodation Requirement
The applicant must provide specified evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family owns or occupies exclusively: accommodation will not be regarded as adequate if-
- it is, or will be, overcrowded; or
- it contravenes public health regulations.
English Language Requirement
The applicant must meet the English language requirement to demonstrate English proficiency at CEFR level A1, as required by the UK Immigration Rules.
The applicant must provide specified evidence that he/she:
- is a national of a majority English-speaking country; or
- has passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by the Home Office, UKVI; or
- has an academic qualification recognised by UK Ecctis to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
- is exempt from the English language requirement because at the date of application:
- the applicant is aged 65 or over;
- the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
- there are exceptional circumstances that prevent the applicant from being able to meet the requirements prior to entry to the UK.
Suitability Requirements for Switching to a Spouse Visa (5-Year Route)
If you are applying to switch to a Spouse Visa (5-Year Route) from inside the UK, you must satisfy both the eligibility requirements and the suitability requirements set out in Appendix FM of the Immigration Rules. The suitability requirements are designed to ensure that applicants do not have adverse immigration, criminal, or personal conduct issues that would make it inappropriate for them to be granted leave to remain in the UK.
At Premium Solicitors, our specialist spouse visa solicitors can assess your circumstances, identify any potential suitability concerns, and provide expert legal representation to maximise your prospects of success.
What Are the Suitability Requirements?
The Home Office will consider whether there are any reasons why your application should be refused on suitability grounds. Even if you meet the relationship, financial, accommodation, and English language requirements, your application may still be refused if you fail to satisfy the suitability criteria.
Suitability requirements generally relate to:
- Criminal convictions
- Immigration breaches
- Deception or false representations
- Outstanding litigation costs owed to the Home Office
- Failure to comply with previous immigration conditions
- Conduct that is not considered conducive to the public good
- Failure to provide the requested information or attend the interviews
How To Apply for Switching to a Spouse Visa?
To apply for switching into a spouse visa (5-year route), you should take the following steps:
- Complete the online application form FLR (M) on the UKVI website.
- Submit the completed application online by paying the Home Office UKVI fees, which include the application fee and the Immigration Health Surcharge (IHS);
- Book your biometrics appointments with TLSContact by creating an account on their web portal.
- Upload all the supporting documents online before the biometrics enrolment appointment date.
- Attend your biometrics enrolment appointment. You should take your passport and biometrics appointment letter with you to your biometrics appointment.
- Wait for a decision on the application, which will normally be made within 3 to 6 months if submitted through the standard service and within 24 hours if submitted through Super Priority Service.
Super Priority Service for Spouse Visa (5 Years Route)
As specialist spouse visa solicitors based in London, we are registered with the Home Office, UK Visas & Immigration (UKVI) to provide Super Priority Service for switching to a spouse visa (5-year route) whereby a decision on your spouse visa application will be made within 24 hours if you submit your application through Super Priority Service.
Our spouse visa solicitors can prepare and submit your spouse visa application more quickly and secure a decision faster through Super Priority Service. This way, you will not have to wait months (sometimes years) for a decision on your application.
Switching from Other Visas to Spouse Visa (5 Years Route)
If you are already in the UK on another immigration route and have married or entered into a civil partnership with a British citizen or a person who is settled in the UK, you may be eligible to switch to a Spouse Visa under the 5-year route to settlement.
The Immigration Rules allow eligible applicants already in the UK to switch from another visa category to a spouse visa, provided they meet all the requirements set out in Appendix FM. You must apply before your current visa expires.
Switching From a Spouse Visa 10-Year Route to a 5-Year Route
If you are in the UK under a spouse visa (10-year route), you can apply for switching to a spouse visa (5-year route) at any time during the validity of your leave under the 10-year route. Ideally, you should switch to the 5-year route as soon as you meet both the financial and English language requirements. Your time for ILR under the 5-year route will start from the date you are granted initial leave under the 5-year route, and all the time you spent under the 10-year route cannot be combined with time spent under the 5-year route. We can prepare and submit your application through Super Priority Service, ensuring you receive a decision within 24 hours.
Switching From a Fiancé Visa To a Spouse Visa (5-Year Route)
A person in the UK on a fiancé visa can apply to switch to a spouse visa under the 5-year route soon after the applicant's marriage registration with the UK-qualifying partner. An application to switch from a fiancé visa to a spouse visa can be made through Super Priority Service to obtain a decision within 24 hours, so the applicant can obtain the right to work in the UK as soon as the Home Office approves the spouse visa application. Any time spent in the UK on a fiancé visa does not count towards the 5-year qualifying period for ILR under the 5-year spouse visa route.
Switching From a Student Visa to a Spouse Visa (5-Year Route)
A person in the UK on a student visa can apply to switch to a spouse visa (5-year route) after marrying a UK partner. The applicant can combine their part-time employment income with their UK spouse's income to meet the financial requirement for switching from a student visa to a spouse visa while in the UK. The student can rely on the English language requirement previously met as part of the student visa application to satisfy the English language requirement for switching from a student visa to a spouse visa from inside the UK.
Switch From a Work Visa To a Spouse Visa (5 Years Route)?
A person who is in the UK on any work visa can apply for switching into a spouse visa from inside the UK if the applicant gets married to a UK partner while on a UK work visa. Time spent by the applicant on a work visa will not count towards the 5-year qualifying period when applying for ILR as a spouse under the 5-year route. It is very common for those on a T5 Temporary Work visa to switch to a spouse visa after marrying their British partner. The applicant can meet the financial requirement either through their own income or in combination with their UK partner's income to qualify to switch to a spouse visa from inside the UK.
Common work visa categories from which applicants may switch to a spouse visa (5-year route) include:
- Skilled Worker Visa
- Graduate Visa
- Health and Care Worker Visa
- Global Talent Visa
- Innovator Founder Visa
- Scale-up Worker Visa
- Youth Mobility Scheme Visa
- Dependant Visas
- UK Expansion Worker Visa
- Senior or Specialist Worker Visa
- Religious Worker Visa
- Charity Worker Visa
Appeal Against the Refusal of Spouse Visa Refusal
If the Home Office UKVI has refused your application for switching to a spouse visa and you have been given the right to appeal against the refusal decision, you should file an appeal with the First Tier Tribunal within 14 days of the refusal decision. The appeal against the refusal decision can be successful on the grounds that the decision to refuse is not in accordance with rules or in contravention of your right to private and family life as envisaged under Article 8 of the European Convention on Human Rights (ECHR). An Immigration Judge at the First Tier Tribunal will hear and determine the appeal. Our specialist spouse visa solicitors can provide the legal services you need to represent you in your spouse visa appeal to challenge the refusal decision.
How Our Spouse Visa Solicitors Can Help
Our specialist team of family visa solicitors can provide expert immigration advice and legal representation for your spouse visa switch application on a fixed-fee basis. Our family visa solicitors can legally represent you in your application to switch to a spouse visa and handle all aspects of your application until a decision is made by the UKVI Home Office. The immigration casework to be carried out by our immigration solicitors in relation to your application for switching to a spouse visa will entail the following:
Advice on requirements: Our family visa solicitors will advise you on the requirements you need to meet for your application to switch to a spouse visa to be successful.
Documentary advice: Our family visa lawyers will prepare and email you a comprehensive list of supporting documents to submit in support of your application to switch to a spouse visa.
Assessing documents: Our immigration lawyers will review your documents to ensure that all those you provide in support of your application to switch to a spouse visa comply with the immigration rules.
Completing the application form: Our immigration lawyers will complete the relevant online application form to switch to a spouse visa from within the UK.
Submitting an application through Super Priority Service: If required, our immigration lawyers will submit your application to switch to a spouse visa online via Super Priority Service to obtain a decision within 24 hours.
Booking an appointment with the application centre: After the online submission of your application for switching to a spouse visa, our immigration lawyers will book your appointment with the application centre for you to enrol your biometrics.
Detailed cover letter: Our specialist immigration solicitors will prepare a detailed cover letter in support of your application to switch to a spouse visa, explaining all relevant legal requirements for UKVI approval.
Uploading documents online: Before the biometrics enrolment date, our immigration lawyers will upload all supporting documents online to support your application for a spouse visa.
Follow-up work: Our immigration lawyers will handle all follow-up until the UKVI issues a decision on your application to switch to a spouse visa.
Why Choose Us for Switching to a Spouse Visa (5-Year Route)?
There are several reasons you can choose our experienced spouse visa solicitors and lawyers in London to handle your application to switch to a spouse visa from inside the UK. The main reasons include the following:
High-Quality Legal Services: Our team of the best spouse visa solicitors in London provides high-quality legal services for switching into a spouse visa from inside the UK. The high quality of UK visa and immigration legal services provided by our best team of immigration lawyers is self-evident from the 5-star Google Reviews rating by 99% of our clients.
Remote Legal Services: Our specialist spouse visa solicitors and lawyers can provide you with expert spouse visa advice and legal representation remotely from our offices in London. Using modern technology, our specialist spouse visa solicitors and lawyers can handle your application to switch to a spouse visa remotely, without you needing to visit our offices. Whilst we are more than happy to welcome clients into our offices, if this is their preference, we are proud to offer our legal services for spouse visa applications remotely to save you time and travel costs.
Open 7 Days A Week: We are open seven days a week and pride ourselves on providing dedicated spouse visa advice and legal representation.
All Work Carried Out By Qualified Specialist Immigration Solicitors: Our specialist team of fully qualified and experienced spouse visa solicitors, who have extensive experience dealing with spouse visa applications, will carry out all the casework on your application for switching into a spouse visa in the UK.
Fast Track Visa Service: Our experienced and qualified spouse visa solicitors can prepare and submit your application to switch to a spouse visa in the shortest possible time via the fast-track process. Where possible, our spouse visa solicitors will submit your spouse visa application through the Super Priority Visa Service to get a faster decision within 24 hours.
Free Immigration Advice Online: Our specialist team of spouse visa solicitors and lawyers can provide one-off free immigration advice online for switching to a spouse visa in the UK via our website enquiry form.
Fixed Fees With Payment Plan: Our spouse visa solicitors and lawyers charge reasonable and affordable fixed fees for an application to switch to a spouse visa. You can pay our fixed fee in two instalments: half when we start working on your spouse visa application, and the remaining half when the application is fully prepared and ready for submission to the UKVI Home Office.
Our Team of Specialist Spouse Visa Solicitors
Our spouse visa solicitors specialise in applications for switching to a spouse visa (5-year route) from within the UK. As one of the best spouse visa solicitors, we have successfully helped thousands of clients with their applications for switching to a spouse visa under the 5-year route. Our highly experienced and fully qualified spouse visa solicitors offer fast, friendly, reliable, and fixed-fee advice and legal representation for switching to a spouse visa (5-year route) from inside the UK.
Meet Our Team of Spouse Visa Solicitors in London
At Premium Solicitors, our strength lies in the expertise, dedication, and unwavering commitment of our spouse visa solicitors in London. We understand that immigration matters are life-changing events, and our team is here to guide you through every step of the spouse visa process with professionalism and care.
Our team comprises a diverse group of spouse visa solicitors with extensive experience and expertise. We are united by a shared goal: to deliver the highest level of legal support and advocacy tailored to your immigration needs.
Arshad Mahmood
Specialist UK Immigration Solicitor
Tushita Scalzullo
Specialist UK Immigration Solicitor
Nargis Khodadady
Specialist UK Immigration Solicitor
Asad Malik
Specialist UK Immigration Solicitor
Alina Rizvi
Specialist UK Immigration Solicitor
Victoria Gbenoba
Specialist UK Immigration Solicitor
Nazamah Munir Akhtar
Immigration SolicitorLanguages Spoken By Our Team
At Premium Solicitors, we prioritise clear and effective communication in all legal matters. Our team of specialist solicitors offers multilingual legal services, ensuring clients receive accurate advice in a language they fully understand.
By removing language barriers, we help minimise misunderstandings and handle your case with clarity and confidence.
Languages we speak:
English | Urdu | Punjabi | Hindi | Farsi | Italian | German | Marathi
Schedule Your Consultation With Our Spouse Visa Solicitors
Are you seeking expert immigration advice and consultation from our highly skilled team of spouse visa solicitors and lawyers in London? It's easy to secure an appointment with our dedicated spouse visa specialists. Our expert team of spouse visa solicitors and advisors can provide detailed immigration advice and consultation face-to-face in our London offices or virtually via Zoom, Microsoft Teams, WhatsApp, or Phone. Book your appointment today using the appointment booking link provided below:
Our spouse visa experts are ready to assist you with your spouse visa concerns. Book your appointment today for personalised guidance and support.
How Much Does Switching to a Spouse Visa (5 Years Route) Cost?
The costs associated with your application are outlined below:
Our Fixed Fees for Your Application
Our fixed fee for processing your application ranges from £1,000 + VAT to £1,500 + VAT. Our fixed fee will cover all our work on your application, including advising on documents, checking your documents, completing the application form and submitting the application online, booking an appointment for biometrics enrolment, preparing a cover letter in support of the application, uploading all supporting documents to be considered in support of the application, and carrying out all other follow up work until decision by the Home Office UKVI on your application.
Our agreed fixed fee will depend on the complexity of your case and the volume of work involved in your application. You will make an initial payment of half our fee when we start working on your matter, and the remaining half is due once we have fully prepared the application and it is ready for submission.
Unable to afford the cost of the full service? You have the option to book an appointment online for our one-off immigration advice and consultation service for a fixed fee of £100 (including VAT) or our immigration document checking service for a fixed fee of £300 (including VAT).
UKVI Fees for Your Application
In addition to our fixed fee for assisting you with your application, you are also required to pay the Home Office UKVI fees. The UKVI fee for your application is £1,407, and there is an additional charge of £2587.50 for the Immigration Health Surcharge (IHS). Therefore, the total amount payable to the UKVI for the application is £3,994.50.
Additionally, you can pay an additional £1,000 as a Super Priority Service fee to have your application decided within 24 hours.
Get a Fixed Fee Quote for Your Immigration Matter
At Premium Solicitors, we believe in transparency and simplicity. We offer fixed-fee quotes for our specialist UK visa and immigration services.
Ready to get started? Use the link below to request a fixed-fee quote tailored to your needs.
How to Engage Us for Your Immigration Matter?
You can instruct immigration solicitors in London at Premium Solicitors for your immigration matter by getting in contact with us using one of the following means of contact:
Call Us: 02039303900
Email Us: info@premiumsolicitors.co.uk
Complete Enquiry Form: Send your enquiry through our website enquiry form
Book an Appointment Online: You can book an appointment with one of our specialist immigration solicitors in London for detailed immigration advice and consultation on your immigration matter.
Other Spouse Visa-Related Services
- Spouse Visa UK
- Entry Clearance for Spouse Visa UK
- Switching to a Spouse Visa (10 Years Route)
- Extension of Spouse Visa (5 Years Route)
- Extension of Spouse Visa (10 Years Route)
- ILR as a Spouse (5 Years Route)
- ILR as a Spouse (10 Years Route)
- Family Visa UK
- In-Country Immigration Appeals
- Family Law Solicitors London
FAQs - Switching to a Spouse Visa (5 Years Route)
The following are the various frequently asked questions (FAQs) about an application for switching to a spouse visa under the 5-year route:
What is switching to a spouse visa under the 5-year route?
Switching to a spouse visa under the 5-year route allows a person already in the UK on a valid visa to apply for leave to remain as the spouse or partner of a British citizen or a person settled in the UK, with a pathway to Indefinite Leave to Remain (ILR) after 5 years.
When can I apply for switching to a spouse visa (5-year route)?
You can apply to switch to a spouse visa under 5 years of age any time after you are married to your UK-qualifying spouse. There is no need to wait until 28 days before the expiry of your current leave to remain. To apply for switching to a spouse visa under 5 years of age, you must meet all the relevant requirements as set out in Appendix FM of the Immigration Rules.
Who can switch to a spouse visa from within the UK?
You may be eligible to switch to a spouse visa if:
- You are in the UK with a valid immigration status (e.g. Student, Skilled Worker, Graduate visa, Youth Mobility Scheme visa, work visa, etc)
- You are married to or in a civil partnership with a British citizen or settled person
- You meet all the requirements under Appendix FM of the Immigration Rules
Can I switch to a spouse visa from a visitor visa?
No, switching from a visitor visa is generally not permitted. You will usually need to leave the UK and apply for entry clearance as a spouse from outside the UK unless exceptional circumstances apply.
If your application for leave to remain is successful due to exceptional circumstances, you will be granted leave to remain as a spouse under the 10-year route and not under the 5-year route.
What are the main requirements for switching to a spouse visa (5-year route)?
To switch successfully, you must meet:
- Relationship requirement (genuine and subsisting marriage)
- Financial requirement
- English language requirement
- Accommodation requirement
- Immigration status requirement
- Suitability requirement
Failure to meet any of these may result in refusal.
What is the financial requirement for switching to a spouse visa (5-year route)?
As of the current UK immigration rules:
- The minimum income threshold is typically £29,000 per year (subject to updates)
- Income can come from employment, self-employment, savings, or a combination
The financial requirement is one of the most complex aspects and must be evidenced correctly.
What English language requirement applies when switching to a spouse visa?
You must demonstrate English language ability at CEFR level A1 or higher, unless exempt. This can be proven by:
- An approved English language test
- A degree taught in English
- Nationality of an English-speaking country
How long does a spouse visa last under the 5-year route?
If your application for switching to a spouse visa is successful under the 5-year route:
- You will be granted 30 months (2.5 years) leave to remain
- You must extend for another 30 months
After completing 5 years, you may apply for Indefinite Leave to Remain (ILR)
Can I work while on a spouse visa?
Yes, a spouse visa grants full work rights in the UK. You can:
- Work full-time or part-time
- Be self-employed
- Study without restrictions
What documents are required to switch to a spouse visa?
The documents required to switch to a spouse visa from inside the UK may vary depending on the applicant's circumstances. Typical documents may include:
- Marriage certificate or proof of relationship
- Proof of cohabitation
- Financial evidence (payslips, bank statements, letter from employer, etc)
- English language certificate
- Valid passport and BRP
- Accommodation evidence
Each case may require tailored documentation.
How long does it take to switch to a spouse visa?
- Standard processing times are usually around 8 weeks from a biometrics appointment
- Super Priority Service processing time is usually 24 hours from a biometrics appointment
Can I switch to a spouse visa on the 10-year route instead?
Yes, if you do not meet the requirements of the 5-year route, you may still qualify under the 10-year route based on exceptional circumstances, such as:
- Insurmountable obstacles to family life outside the UK
- Human rights considerations under Article 8
- Best interests of a child under Section 55 of the BCIA 2009
Can I include children in my spouse visa application?
Yes, dependent children can be included if they meet the requirements under Appendix FM. Each child must submit a separate application.
Do I need a solicitor to switch to a spouse visa?
While not mandatory, instructing specialist immigration solicitors like Premium Solicitors significantly increases your chances of success by:
- Ensuring strict compliance with Immigration Rules
- Avoiding costly refusals
- Preparing strong legal representations
Can I reapply for a spouse visa after a previous refusal?
You may be able to reapply for switching into a spouse visa under the 5-year route if your application for switching into a spouse visa has been refused by the Home Office UKVI, and you do not believe you can successfully challenge the refusal of your application. Any such fresh application should meet the requirements as set out in Appendix Part Suitability of the Immigration Rules.
How can I challenge the refusal of a spouse visa application?
If your application to switch to a spouse visa is refused by the UKVI, you can file an appeal to the First Tier Tribunal (FTT) within 14 days of the refusal decision. An independent immigration judge sitting at the First Tier Tribunal (FTT) will decide your spouse visa refusal appeal. Our specialist team of appeals lawyers can legally assist you with your appeal to challenge the refusal of your spouse visa application.
What is the difference between the spouse visa 5-year route and the spouse visa 10-year route?
The main differences between the spouse visa 5-year route and 10-year route include the following:
Qualifying period for ILR
Under the spouse visa 5-year route, you can apply for ILR after 5 years in the UK. Under the spouse visa 10 years route, you can apply for ILR when you have completed 10 years in the UK under the spouse visa 10 years route, including any time spent previously under the spouse visa 5 years route. Any time spent under the 5-year route can be combined with the 10-year route when calculating the 10-year period to qualify for ILR under the 10-year route.
Financial Requirement
The spouse visa 5-year route requires the applicant to meet the financial requirement of earning £18600 gross per year (£29,000 if the initial application was made on or after 11 April 2024). Still, there is no financial requirement, or even an adequate maintenance requirement, for an application under the 10-year spouse visa route.
English Language Requirement
The spouse visa 5-year route requires the applicant to meet the English language requirement in listening and speaking only, whereas the spouse visa 10-year route does not require the applicant to meet the English language requirement except at the ILR stage.
Immigration Status Requirement
The spouse visa 5-year route requires the applicant to meet the Immigration Status requirement by not being a visitor and by having leave to remain granted for a period of more than 6 months. In contrast, the 10-year spouse visa route requires that the applicant maintain immigration status through immigration bail. On an exceptional basis, even an overstayer can succeed in an application for a spouse visa under the 10-year route. Still, 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 a spouse 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.
Why choose Premium Solicitors for spouse visa applications?
At Premium Solicitors, our spouse visa solicitors offer:
- Fixed-fee spouse visa services
- Expert immigration solicitors with proven success rates
- Tailored legal advice for complex cases
- Fast turnaround and priority services
- Remote services available across the UK and internationally
- Open 7 days a week, 365 days a year
- 5-star Google Reviews rating
