Family life with a British or settled partner does not by itself grant immigration status. To live together in the UK you must apply under the partner route in Appendix FM and prove you meet the relationship, financial, accommodation and English language rules. Evidence must be thorough and consistent because caseworkers test the genuineness of relationships, the reliability of income and savings, and English language ability. This guide sets out who qualifies, how the rules work, what documents to provide, processing times and fees, how to extend and settle after five years, and practical steps to strengthen an application.
Section A: What is a UK Spouse/Partner Visa?
The partner route in Appendix FM allows a non-UK national to live in the UK with their British or “settled” partner (including indefinite leave to remain, settled status under Appendix EU, or legacy permanent residence). Successful applicants can work in any role and study without sponsorship. The standard route leads to settlement after a qualifying period provided the requirements continue to be met at each stage.
1. Who can sponsor?
A sponsor may be: (a) a British citizen; (b) a person settled in the UK (ILR, Appendix EU settled status, or legacy permanent residence); or (c) in defined circumstances, a person with refugee status or humanitarian protection. Where the sponsor holds protection status, there may be a separate family reunion route or, if applying under Appendix FM, additional fees and evidential/suitability rules apply. Choose the correct route at the outset.
2. Relationship categories covered
Applications may be made as a spouse or civil partner in a marriage/partnership recognised in UK law, as an unmarried partner who has lived together with the sponsor for at least two consecutive years in a relationship akin to marriage/civil partnership, or as a fiancé(e)/proposed civil partner seeking entry to marry or form a civil partnership in the UK within six months of arrival.
3. Key permissions and restrictions
- Spouse, civil partner and unmarried partner visas permit work in any occupation and study without additional sponsorship.
- Fiancé(e)/proposed civil partner visas are granted for six months and do not permit work during that initial period.
- All partner categories are normally subject to a “no recourse to public funds” condition.
4. Pathway to settlement
The standard route to settlement is five years, typically made up of a first grant of 33 months (entry clearance) or 30 months (leave to remain), followed by a further 30-month extension. At each stage you must still meet the relationship, accommodation, financial and English language requirements. For ILR, you must also meet the Knowledge of Language and Life in the UK requirement (B1 English and the Life in the UK Test). Where an applicant first obtained partner leave before 11 April 2024 and remains on the same route with the same partner, transitional financial protections continue to apply.
5. High-level benefits
- Right to work in any role and to study without sponsorship.
- Access to the NHS via payment of the Immigration Health Surcharge at application.
- A defined progression to indefinite leave to remain and, if nationality requirements are met, to British citizenship.
6. Section A summary
Appendix FM provides a route for partners of British or settled persons to live together in the UK with permission to work and study and a pathway to settlement. The route’s success hinges on meeting and re-meeting relationship, financial, accommodation and English language rules throughout the journey to ILR, with transitional financial protections preserved for qualifying legacy cases.
Section B: Eligibility Requirements for a UK Spouse/Partner Visa
To qualify under Appendix FM, both partners must satisfy rules designed to confirm a genuine relationship, financial self-sufficiency without public funds, suitable accommodation, and English language ability. Evidence should be complete, consistent, and presented in line with Appendix FM-SE.
1. Legal relationship
You must either: (a) be legally married or in a civil partnership recognised under UK law; (b) have lived together for at least two consecutive years in a relationship akin to marriage or civil partnership (unmarried partners); or (c) be a fiancé(e) or proposed civil partner intending to marry or enter a civil partnership in the UK within six months of arrival. Proof may include a marriage or civil partnership certificate or, for unmarried partners, evidence of two years’ cohabitation such as tenancy agreements, joint bills and official correspondence to the same address.
2. Financial requirement (Minimum Income Requirement and ways to meet it)
Most first-time partner applications made on or after 11 April 2024 must demonstrate a minimum gross annual income of £29,000. Applicants granted leave under the partner route before 11 April 2024 who remain on the same route with the same partner benefit from transitional protection and continue to apply at the previous threshold of £18,600 (plus the pre-2024 child add-ons: £3,800 for the first child and £2,400 for each additional child). The correct threshold depends on the route history and whether transitional protection applies.
Income can be evidenced through the specified categories in Appendix FM-SE, including:
- Employment (salaried or non-salaried) and self-employment income.
- Non-employment income (e.g. property rental income, dividends, interest).
- Pensions.
- Cash savings held by the applicant, sponsor, or jointly, in a regulated institution for at least six months.
Where income is below the threshold, cash savings can be used to meet or bridge the shortfall. When relying on savings alone, at least £88,500 must have been held for six months. When combining savings with income, the formula is: £16,000 + (2.5 × shortfall). All funds relied upon must be under the control of the applicant/sponsor.
Counting income depends on application context:
- Entry clearance from overseas: you generally rely on the sponsor’s earnings. If the sponsor is working abroad and returning to the UK, their overseas earnings can count where there is a qualifying UK job offer starting within three months (assessed under Category A/B). The applicant’s overseas earnings usually cannot be counted, but savings and permitted non-employment income can be counted from either/both parties.
- In-country applications (extension/switching where permitted): income of either partner can normally be counted if they hold permission to work, together with savings and non-employment income.
- Specified benefit exemption: where the sponsor receives a qualifying disability/carer benefit, the MIR does not apply; instead, you must show adequate maintenance and accommodation without public funds.
Documentary evidence must strictly follow Appendix FM-SE, including timeframes (usually six months of payslips and bank statements for employed income), employer letters confirming role, salary and terms, tax documents for self-employment, and full statements for savings.
3. Genuine and subsisting relationship
The Home Office must be satisfied the relationship is genuine, subsisting and that the couple have met in person. Provide a coherent body of evidence: joint financial documents, correspondence over time, photographs from different periods, travel history showing visits, and statements explaining the relationship history and future plans. Long periods apart should be explained with additional supporting evidence demonstrating ongoing contact and commitment.
4. Accommodation requirement (adequate and not overcrowded)
You must have accommodation available in the UK that you own, occupy under a tenancy, or otherwise have permission to live in, without reliance on public funds. It must be adequate and not overcrowded by reference to the Housing Act 1985 room/space standards. There is no blanket rule that each child over one year must have a separate bedroom. Evidence can include a tenancy agreement, mortgage statement or title register, a letter from the owner/landlord confirming consent for the applicant to live at the address, and, where useful, an independent property inspection report.
5. English language requirement
Unless exempt, applicants must meet Appendix English Language. For an initial partner application the minimum is CEFR A1 speaking and listening; for an extension the minimum is A2. For ILR on the partner route the requirement is B1, and you must pass the Life in the UK Test. You can evidence English by passing an approved Secure English Language Test or by holding an academic qualification taught in English that ECCTIS confirms is equivalent to a UK Bachelor’s degree or higher.
Exemptions apply where the applicant is 65 or over, has a long-term physical or mental condition preventing compliance, or in exceptional circumstances which make it unreasonable to meet the requirement before entry.
6. Age requirement
Both the applicant and the sponsor must be at least 18 on the date of application. Applications where either party is under 18 will be refused.
7. Sponsor eligibility
The sponsor must be a British citizen or a person settled in the UK (ILR, Appendix EU settled status, or legacy permanent residence). In defined circumstances, sponsors with refugee status or humanitarian protection may use the protection family reunion rules, or apply under Appendix FM subject to full fees and evidential/suitability requirements. Sponsors typically provide payslips, bank statements, employer letters or tax returns to support the financial requirement, alongside documents corroborating relationship and accommodation.
8. Section B summary
Eligibility depends on a legally recognised relationship, meeting the financial threshold (or adequate maintenance where exempt), demonstrating adequate non-overcrowded accommodation, and satisfying English language rules. Evidence must align with Appendix FM-SE in both format and timeframe. Present clear, consistent documents across all requirements to minimise delays and reduce refusal risk.
Section C: UK Spouse/Partner Visa Application Process
Applications are made online through the Home Office platform. You create an account, complete the relevant partner form, pay the fees (including the Immigration Health Surcharge), upload evidence, and provide biometrics either at a visa application centre (overseas) or a UKVCAS service point (in the UK). In some cases, identity can be verified using the UK Immigration ID Check app. Decisions are issued to your account/email once biometrics are enrolled.
1. Step-by-step process
The procedural stages are consistent across entry clearance and in-country applications, with minor differences in appointment and document handling:
- Create your account and select the partner route: Register on the UKVI portal and choose the family/partner category under Appendix FM.
- Complete the online form accurately: Provide full details of both partners, relationship history, finances, accommodation and immigration history. Disclose previous refusals, overstays or criminal matters as required.
- Pay fees: Pay the application fee and the Immigration Health Surcharge (IHS) for each year of leave sought. Keep confirmation receipts.
- Book biometrics / verify identity: Attend a visa application centre or UKVCAS appointment to provide fingerprints and a photograph, or complete identity verification via the UK Immigration ID Check app where offered.
- Upload evidence: Submit clear, legible scans of your documents in PDF/JPEG, following Appendix FM-SE rules on format and time periods. Provide certified translations for non-English/Welsh documents.
- Respond to any further information requests: If the Home Office seeks clarification, respond within the stated timeframe.
- Receive the decision: You will be notified by email/portal. Successful applicants receive a grant of leave and instructions on proving status.
2. Supporting documentation
Each application must address the relationship, financial, accommodation and English language rules with evidence that matches Appendix FM-SE. Typical items include:
- Passports (and previous passports where relevant) and recent photographs as required.
- Marriage/civil partnership certificate or, for unmarried partners, evidence of two years’ cohabitation (joint tenancy, utility bills, official correspondence).
- Financial evidence: payslips and corresponding bank statements (usually six months), employer letter, self-employment accounts/tax documents, pension statements, non-employment income documents, savings statements covering six months.
- Accommodation proof: tenancy agreement, mortgage statement or title register, and where applicable a letter from the owner/landlord confirming permission for the applicant to reside; an independent property inspection can be helpful.
- English language: Secure English Language Test pass or ECCTIS confirmation of an eligible English-taught degree.
- Evidence showing the relationship is genuine and subsisting: joint financial documents, correspondence over time, travel records, and photographs from different periods, with brief annotations if helpful.
- Where relevant: divorce decrees/annulments, death certificates, name change deeds, and documents explaining time spent apart.
3. Common mistakes to avoid
- Submitting evidence that does not meet Appendix FM-SE formats or timeframes (e.g. missing corresponding bank entries for payslips).
- Relying on income sources that are not permitted in the chosen category, or mixing categories without meeting each category’s rules.
- Uploading unclear scans, omitting certified translations, or presenting inconsistent names/addresses/dates across documents.
- Applying too early/late and creating gaps in qualifying periods or overstaying.
- Failing to explain long periods apart or major life events that affect credibility.
4. Application processing times
Processing times vary by location, demand and route. Standard decisions typically take several weeks. Always check the latest Home Office guidance for current averages relevant to your category and location. Faster decision services are often available for an additional fee (see below), but availability can be limited and timeframes are not guaranteed where further checks are needed.
5. Visa validity and duration
Entry clearance granted from overseas is normally valid for 33 months. Leave to remain granted in the UK is normally 30 months. Fiancé(e)/proposed civil partner leave is granted for six months and does not allow work. After the initial grant, most applicants apply for a further 30-month extension to complete five years on the route before applying for ILR (subject to meeting all rules at each stage).
6. Fees and charges (2025 figures)
The following headline fees and charges apply at the time of writing. Always confirm the latest amounts before applying:
- Application fee (outside the UK): £1,938
- Application fee (inside the UK): £1,321
- Immigration Health Surcharge (IHS): £1,035 per year, per applicant (payable up-front for the duration of leave sought)
- Biometric enrolment: £19.20 (standard UK figure; overseas VAC service fees may differ)
- Priority service (where available): £500 (aims for a faster decision)
- Super priority service (where available): £1,000 (aims for a next-working-day decision after biometrics)
Additional costs can arise for document scanning at VAC/UKVCAS, translations, ECCTIS statements, courier services and appointment upgrades.
7. Switching to the spouse/partner route inside the UK
Switching into the partner route is generally permitted from categories granted for at least six months, except visitors, short-term students and seasonal workers. Fiancé(e)/proposed civil partners can switch after the marriage/civil partnership has taken place. An in-country application requires fresh evidence of finances, accommodation, relationship and English, meeting Appendix FM and Appendix FM-SE.
Section C summary
A strong application follows the Home Office process step by step, presents evidence exactly as required by Appendix FM-SE, and anticipates caseworker checks on credibility and consistency. Check current processing times and premium service availability, avoid timing errors that create gaps in lawful residence, and keep clear records of what you submit and when.
Section D: How Employers Can Support Employees with a Spouse/Partner Visa
Employers increasingly assist internationally mobile staff whose partners apply under Appendix FM. Support must be practical, compliant and clearly separated from regulated immigration advice. This section outlines what HR can lawfully do, how to structure assistance, and the governance needed to protect both employees and the organisation.
1. Lawful scope and governance
Only solicitors and OISC-regulated advisers may provide immigration advice. HR should therefore offer process support and signpost employees to qualified advisers, while avoiding case-specific legal interpretation. Build an internal framework that documents what HR will and will not do, including who can approve spend, what evidence HR can handle, and the data protection controls applied.
2. Practical support options
- Process guidance: Provide a high-level overview of the application steps, typical timelines, and evidence categories (relationship, finance, accommodation, English), without advising on legal merits.
- Template letters: Issue employer letters confirming role, salary, start date, contract type and length to support financial evidence.
- Referral network: Maintain a vetted panel of solicitors/OISC advisers for regulated advice and representation.
- Cost support: Offer contributions or reimbursements for application fees, the Immigration Health Surcharge, translations or ECCTIS statements, aligned to policy.
- Scheduling flexibility: Allow time for biometrics, document scans and adviser meetings; accommodate short-notice requests linked to case deadlines.
- Onboarding alignment: Coordinate start dates and right to work checks with expected decision windows and ensure share-code/status verification steps are planned.
- Internal peer networks: Facilitate informal groups where employees who have completed the process can share practical tips.
3. Why employer support matters
Well-structured assistance reduces stress, improves relocation outcomes and supports retention. Where families settle quickly, employees are more focused and productive, absence linked to administrative issues falls, and the employer brand strengthens in competitive international hiring markets.
4. HR compliance best practice
- Policy clarity: Publish a family immigration support policy defining eligibility, scope of support, monetary caps, and approval processes.
- Regulation awareness: Train HR teams on the boundary between general information and regulated advice; route legal questions to the panel adviser.
- Data protection: Process personal and immigration data under a documented lawful basis, apply minimisation and retention limits, and restrict access on a need-to-know basis.
- Document hygiene: Avoid retaining unnecessary copies of passports or relationship evidence; use secure upload links where possible and record what has been viewed.
- Right to work coordination: Align pre-employment checks with the employee’s status evidence (e.g. eVisa share codes) and diarise visa expiry monitoring without discriminating.
- Vendor management: Put service-level expectations and confidentiality into adviser engagement terms and monitor turnaround times and quality.
5. Section D summary
Employers should provide structured, lawful assistance that focuses on process, documentation logistics and reputable referrals, while leaving legal advice to qualified professionals. Clear policy, careful data handling and coordinated onboarding produce smoother outcomes for employees and reduce business risk.
Section E: Supporting Your Partner with their Spouse/Partner Visa Application
Sponsoring a partner under Appendix FM is a joint exercise in planning, precision and record-keeping. Both partners should coordinate early to gather evidence for the relationship, finances, accommodation and English language rules, aligning documents with Appendix FM-SE formats and timeframes. The aim is a single, coherent bundle that addresses every requirement and pre-empts credibility questions.
1. Practical tips for a stronger application
- Start early and map requirements: List each rule (relationship, financial, accommodation, English) and the exact Appendix FM-SE evidence needed, including durations (e.g. six months of payslips and matching bank statements).
- Create an evidence index: Use a contents page with section dividers labelled “Financial”, “Relationship”, “Accommodation”, “English”. Number files consistently (e.g. F1–F10).
- Synchronise names and dates: Ensure names, addresses and dates line up across payslips, bank statements, tenancy documents and utility bills; add a brief note where a discrepancy is unavoidable (e.g. name change).
- Meet English rules decisively: Book a Secure English Language Test early or obtain an ECCTIS statement for an eligible English-taught degree; include the test/statement in the bundle.
- Explain time apart: Provide a short chronology for periods of separation (work, study, family). Cross-reference messages, call logs or travel records that show ongoing contact.
- Use clear scans: Upload legible, full-page PDFs/JPEGs. Include certified translations for non-English/Welsh documents.
- Keep a submission audit trail: Save receipts, appointment confirmations and screenshots of uploads and portal messages.
2. Common mistakes to avoid
- Mixing financial categories incorrectly: Do not combine Category A/B earnings with self-employment evidence unless each category’s rules are fully met. Follow Appendix FM-SE strictly.
- Missing bank corroboration: Payslips without matching bank entries (or vice versa) weaken the financial case.
- Unclear relationship narrative: A photo dump without dates/context is weak. Provide a brief timeline and link exhibits to milestones.
- Accommodation assumptions: Do not claim “adequate” without evidence. Include tenancy/ownership proof and, where helpful, an independent inspection. Avoid incorrect “one bedroom per child” assertions; rely on Housing Act overcrowding standards.
- Translation gaps: Any foreign-language document needs a certified translation that meets Home Office requirements.
- Timing errors: Filing too early/late can create gaps in lawful residence or cause evidence to fall outside required timeframes.
3. Additional recommendations
- Financial planning: If using cash savings, verify the six-month holding period and calculate any shortfall with the formula £16,000 + (2.5 × shortfall). If relying solely on savings, confirm the £88,500 level has been held throughout.
- Overseas sponsor returns: Where the sponsor works abroad but is returning, line up a qualifying UK job offer starting within three months and gather the required confirmations (Category A/B).
- Bundle discipline: Keep one final PDF per section if the portal allows, with bookmarks or page numbers matching your index.
- Communication readiness: Monitor the portal/email daily for caseworker requests and respond within deadlines.
- Professional input: Use an OISC/solicitor review for complex finances, protection-status sponsorship, or where prior refusals exist.
Section E summary
A persuasive partner application is planned, indexed and evidence-led. Map the rules to Appendix FM-SE, ensure documents are consistent and translated, and provide a concise relationship chronology with corroboration. Strong presentation reduces credibility concerns, shortens queries and improves decision outcomes.
Section F: After Your Spouse/Partner Visa is Approved
A grant of leave under Appendix FM permits you to live with your partner in the UK and to work or study without sponsorship. Entry clearance issued overseas is typically 33 months; leave to remain granted in the UK is typically 30 months. Throughout this period you must continue meeting route conditions to remain eligible for extension and, ultimately, settlement.
1. The move to digital status (eVisa)
Most new grants now use a digital immigration status (“eVisa”) accessible through your UKVI account, rather than a physical Biometric Residence Permit. Your status is linked to the passport you used in the application. Keep your account details current and update your passport information whenever you renew or replace your passport. Employers, landlords and others will verify your rights using share codes generated via your account or their own online checks.
2. Travel and re-entry
You may travel and return during your grant of leave. Keep records of travel dates for future applications. For settlement on the 5-year partner route there is no fixed 180-day absence cap in the Immigration Rules; the focus is on meeting Appendix FM requirements for ILR (relationship, financial, accommodation, English and Life in the UK, and suitability). Nonetheless, extended or frequent absences can invite questions about genuine and continuing cohabitation, so retain evidence that the relationship remains subsisting.
3. Rights and conditions
- Work in any job or be self-employed without sponsorship.
- Study at any level without a student sponsor.
- No recourse to public funds (most benefits and housing assistance are prohibited).
- Comply with any additional conditions on your decision notice.
4. Responsibilities during the visa period
Keep your UKVI account details up to date and report material changes, such as a new passport, change of address or separation from your partner. Maintain documents that you will need for extension and ILR, including financial records, proof of address in both names at intervals across the period, and evidence that the relationship remains genuine and subsisting.
Section F summary
After approval, manage your digital status through your UKVI account, continue to meet route conditions, and keep well-organised evidence for the next stage. Travel is permitted, but maintain records and preserve clear proof that the relationship continues and that financial and accommodation requirements remain satisfied.
Section G: If Your UK Spouse/Partner Visa is Refused
A refusal notice explains the legal basis for the decision and what remedy—if any—is available. Most refusals arise because the Home Office is not satisfied that the eligibility or suitability criteria are met, or because the evidence does not comply with Appendix FM-SE. Understanding the reason and selecting the correct next step—appeal, administrative review (where available), or a fresh application—are critical to achieving a successful outcome.
1. Common reasons for refusal
- Financial requirement not met: Income below the applicable threshold, missing payslips or bank corroboration, or reliance on non-permitted sources under Appendix FM-SE. Misapplying categories (e.g. mixing employment and self-employment without meeting each category’s rules) is a frequent issue.
- Insufficient relationship evidence: Thin or inconsistent proof of a genuine and subsisting relationship, lack of a clear chronology, or weak explanations for long periods apart.
- Documentary non-compliance: Unreadable scans, absent certified translations, or evidence that does not cover the required time periods.
- Inaccurate or inconsistent information: Mismatched names, dates or addresses across documents, or undisclosed immigration/criminal history that undermines credibility.
- Suitability concerns: Issues such as deception findings or unspent criminal convictions can trigger refusal on suitability grounds.
2. Reading the refusal notice (Notice of Decision)
The Notice of Decision sets out which rule(s) were not met and whether the decision engages human rights (usually Article 8—family life). It will state if you have a right of appeal, the route for any administrative review (if applicable), and the deadlines. Map each refusal reason to the underlying rule or evidential requirement and identify precisely what was missing or non-compliant.
3. Appeal rights
A right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) is generally available where the refusal is a human rights decision. Appeals must be lodged within the statutory deadline stated in the decision (commonly 28 days for out-of-country decisions and 14 days for in-country decisions). An appeal allows you to provide additional or clarifying evidence addressing the refusal reasons. Because appeals involve legal submissions and evidence management, professional representation is strongly recommended.
4. Administrative review (AR) and when it applies
Where available, administrative review challenges caseworking errors rather than presenting new evidence. It is suitable if you believe the decision misapplied the rules or overlooked documents that were before the decision-maker. AR is not a substitute for evidence you failed to provide; if key material was missing, a fresh application is usually more appropriate.
5. Reapplying after refusal
A fresh application can be the fastest route to a positive outcome where the refusal stems from fixable evidential gaps. Before reapplying, audit the decision line-by-line, rebuild the bundle to Appendix FM-SE standards, and add a brief covering note that cross-references how each refusal ground is now met (with exhibit labels and page numbers). Time your re-application to avoid overstaying and to ensure evidence falls within required time windows (e.g. six months of financial documents).
6. Strategic considerations and professional support
- Choose the right remedy: Appeal where human rights are engaged and the evidence exists or can be strengthened; use AR for clear caseworking errors; reapply where evidence was missing or time-barred.
- Rebuild credibility: Provide a coherent chronology, explain any periods apart, and ensure names/dates/addresses align across the file.
- Complex scenarios: Prior refusals, protection-status sponsors, mixed income categories, or disputed suitability findings warrant advice from an OISC-regulated adviser or solicitor.
Section G summary
Refusals typically arise from unmet financial rules, weak relationship evidence, or non-compliant documents. Read the Notice of Decision carefully, align your response to the exact rule breaches, and select the appropriate remedy—appeal, administrative review or a thoroughly rebuilt fresh application. Professional representation can materially improve outcomes, especially where human rights, complex finances or suitability issues are in play.
Section H: Spouse/Partner Visa Extension and Settlement (ILR)
Partner route grants are time-limited. To stay on the route to settlement you must extend your leave before it expires and, after completing five years on the partner route, apply for indefinite leave to remain (ILR). The same core pillars apply at each stage—relationship, finances, accommodation, English—together with suitability checks. This section explains how to approach the extension and ILR stages, what evidence to gather, and how timing interacts with the rules.
1. Applying for a spouse/partner extension
Apply before your current leave expires. The extension mirrors the initial application but relies on up-to-date evidence that you still meet the relationship, accommodation and financial rules, and (where relevant) the updated English language level for extensions (A2). For employed income, provide the usual six months of payslips and corresponding bank statements, plus an employer letter confirming role, salary and terms. For self-employment, provide the required accounts and tax evidence. Include ongoing cohabitation proof and any explanations for periods living apart.
2. Financial rules at extension (including transitional protection)
First-time partner applications made on/after 11 April 2024 must meet the £29,000 Minimum Income Requirement (MIR). If you were first granted leave as a partner before 11 April 2024 and you remain on the same route with the same partner, transitional protection means you continue on the previous threshold of £18,600 (with the pre-2024 child add-ons where relevant). Cash savings can bridge shortfalls using the formula £16,000 + (2.5 × shortfall); where relying solely on savings, at least £88,500 must have been held for six months. Count income/savings strictly under Appendix FM-SE and use the correct category (employment, self-employment, non-employment income, pensions, savings).
3. Spouse/partner ILR: requirements and timing
After completing five years on the partner route (time with fiancé(e) leave does not count), you may apply for ILR. You must show the relationship remains genuine and subsisting, meet the applicable financial requirement (including transitional protection where it continues to apply), prove adequate non-overcrowded accommodation, meet English at B1, and pass the Life in the UK Test. Suitability grounds (e.g. criminality/deception) are assessed again. Submit before your current leave expires and avoid travel while your ILR application is pending.
4. Continuous residence and absences
For settlement on the five-year partner route there is no fixed “180-days-per-12-months” absence cap in the Immigration Rules. The focus is on meeting Appendix FM’s ILR requirements, including that your relationship is genuine and continuing and that you comply with conditions. Extended or frequent absences can prompt questions about cohabitation and the subsisting nature of the relationship, so retain evidence (e.g. joint tenancy, bills, shared financial commitments, travel records, and communications) that demonstrates ongoing family life in the UK during the qualifying period.
5. Evidence for ILR (what to assemble)
- Relationship and cohabitation: A spread of official post or bills addressed to both/each partner at the same address across the five-year period, plus explanations and corroboration for any periods apart.
- Financial requirement: Documents matching the category used (six months of payslips and bank statements for employment; accounts/tax returns for self-employment; statements for savings; documents for rental/dividend income).
- Accommodation: Tenancy/ownership evidence and, where useful, an independent inspection confirming adequacy and no overcrowding under Housing Act standards.
- English & Life in the UK: B1 English (unless exempt) and a Life in the UK Test pass notification.
- Immigration history and identity: Passports, any previous BRPs/eVisa details, and a clear record of changes (name, address, passport updates on your UKVI account).
6. From ILR to British citizenship
Once ILR is granted, many applicants later seek British citizenship. If married to a British citizen, you may apply for naturalisation immediately after ILR (no 12-month wait) provided you meet the residence, absence, English/Life in the UK and good-character requirements. If not married to a British citizen, you typically need to hold ILR for 12 months before applying, alongside meeting the statutory residence and character requirements.
Section H summary
Stay on top of dates, maintain documentary continuity and apply the financial rules precisely—especially where transitional protection applies. For ILR there is no partner-route day-count cap; the Home Office focuses on Appendix FM’s settlement tests, your ongoing relationship and compliance. Keep evidence organised and current, meet B1 English and Life in the UK, and avoid travel during a pending ILR application. After ILR, plan the timing of naturalisation in line with your marital status and residence history.
Section I: Summary
The partner route in Appendix FM enables non-UK nationals to live in the UK with a British or settled partner, work and study without sponsorship, and progress to settlement after five years. Success turns on four pillars at each stage—relationship, finances, accommodation and English—tested against Appendix FM and Appendix FM-SE. For new first-time applications from 11 April 2024, the Minimum Income Requirement is £29,000; transitional protection preserves the £18,600 threshold (with pre-2024 child add-ons) for those first granted partner leave before that date who remain on the same route with the same partner. Accommodation must be adequate and not overcrowded under Housing Act standards; there is no rule that every child needs a separate bedroom. English is A1 at entry, A2 at extension, and B1 plus Life in the UK for ILR. Processing times vary and faster decision services are often available for a fee. Most new grants are issued as a digital eVisa managed through a UKVI account. With careful planning, document discipline and consistency across evidence, couples can minimise delays and refusal risks and maintain a clear path to ILR and, where eligible, British citizenship.
Section J: Frequently Asked Questions
1. What is a spouse/partner visa and who can apply?
It is permission under Appendix FM for the non-UK partner of a British citizen or settled person (e.g. ILR or Appendix EU settled status) to live in the UK. Applicants must evidence a genuine relationship, meet the financial threshold (or adequate maintenance where exempt), show adequate non-overcrowded accommodation, and meet the English language rules.
2. How long is the visa granted for?
Entry clearance issued overseas is normally 33 months. Leave to remain in the UK is normally 30 months. Fiancé(e)/proposed civil partner leave is six months and does not allow work. After the initial grant, most applicants extend for a further 30 months, then apply for ILR at five years if all rules are met.
3. Can I work or study on a partner visa?
Yes. Spouses, civil partners and unmarried partners can work in any role or be self-employed and can study without sponsorship. Fiancé(e)/proposed civil partner leave does not allow work.
4. What is the financial requirement now?
For first-time partner applications made on or after 11 April 2024 the MIR is £29,000. Those first granted partner leave before 11 April 2024 who remain on the same route with the same partner are under transitional protection and continue to use £18,600 (plus the pre-2024 child add-ons). Savings can bridge shortfalls using £16,000 + (2.5 × shortfall); savings-only cases require at least £88,500 held for six months.
5. What English level is needed?
A1 speaking and listening for the initial grant, A2 for an extension, and B1 plus the Life in the UK Test for ILR, unless an exemption applies (e.g. age 65+, qualifying medical condition, or exceptional circumstances before entry).
6. Can I include children in my application?
Children can apply as dependants on the family route. For new first-time partner applications under the £29,000 MIR there are no additional child add-ons to the threshold; under transitional protection (pre-11 April 2024 cases continuing on the same route/partner) the pre-2024 child add-ons still apply.
7. How are overseas earnings treated?
For entry clearance you usually rely on the sponsor’s earnings. If the sponsor is working abroad and returning, overseas income can count where there is a qualifying UK job offer starting within three months under Category A/B. The applicant’s overseas earnings typically cannot be counted unless they already have permission to work in the UK; savings and permitted non-employment income can be counted from either/both parties.
8. What are typical processing times and are faster services available?
Times vary by location and demand. Standard decisions often take several weeks. Priority and super-priority services are frequently available for additional fees, but capacity is limited and timelines are not guaranteed if further checks are needed.
9. Is there a 180-day absence limit for ILR on the partner route?
No fixed day-count applies to settlement on the five-year partner route. The Home Office assesses Appendix FM ILR requirements (relationship, financial, accommodation, English and Life in the UK, and suitability). Extensive absences may prompt questions about cohabitation, so keep evidence that the relationship remains genuine and subsisting.
10. What happens if my application is refused?
Read the Notice of Decision carefully. Some refusals carry a right of appeal on human rights grounds (Article 8). Administrative review may be available to challenge caseworking errors. Often, the most effective option is to reapply with a rebuilt, compliant evidence bundle that cures the refusal reasons.
11. Do I get a physical document or an eVisa?
Most new grants now use digital status (eVisa) accessed via your UKVI account. Keep passport details updated in the account and use share codes to prove status for work and rent checks.
Section J summary
Key takeaways: verify the correct MIR (including any transitional protection), prepare evidence to Appendix FM-SE standards, avoid timing pitfalls, and keep your UKVI account current. There is no 180-day absence rule for ILR on the partner route; the emphasis is on ongoing compliance and a genuine, subsisting relationship.
Section K: Glossary
| Term | Definition |
|---|---|
| Appendix FM | Immigration Rules for family members, including partners of British/settled persons. |
| Appendix FM-SE | Specified evidential requirements for proving eligibility under Appendix FM. |
| Minimum Income Requirement (MIR) | Financial threshold to be met for most first-time partner applications (currently £29,000 from 11 April 2024). |
| Transitional protection | Allows qualifying pre-11 April 2024 partner cases to continue using the £18,600 threshold with pre-2024 child add-ons. |
| eVisa | Digital immigration status accessible via a UKVI account; replaces physical BRPs for most grants. |
| ILR | Indefinite Leave to Remain—permanent residence without time restrictions. |
| CEFR A1/A2/B1 | English language levels for initial, extension and ILR stages respectively (speaking and listening). |
| Adequate accommodation | Housing that is not overcrowded under Housing Act 1985 standards and does not rely on public funds. |
| Appendix English Language | Rules specifying how applicants meet the English requirement (tests, qualifications, exemptions). |
| Article 8 ECHR | Right to respect for private and family life; often engaged in appeals against refusal decisions. |
Section L: Useful Links
| Resource | Link |
|---|---|
| Family visas: apply, extend or switch | https://www.gov.uk/uk-family-visa |
| Appendix FM: family members | https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members |
| Appendix FM-SE: specified evidence | https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence |
| English language requirements | https://www.gov.uk/english-language |
| Life in the UK Test | https://www.gov.uk/life-in-the-uk-test |
| UKVI account (eVisa) | https://www.gov.uk/view-prove-immigration-status |
| DavidsonMorris – Spouse Visa UK | https://www.davidsonmorris.com/spouse-visa-uk/ |
| Xpats.io – Spouse Visa UK | https://www.xpats.io/spouse-visa-uk/ |
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing Agency for the Professional Services Sector.
- Gill Lainghttps://www.lawble.co.uk/author/editor/
- Gill Lainghttps://www.lawble.co.uk/author/editor/
- Gill Lainghttps://www.lawble.co.uk/author/editor/
- Gill Lainghttps://www.lawble.co.uk/author/editor/

