The evolving changes to the UK spouse visa

We saw the changes applied to the financial test for the UK spouse visa in the early part of the year. Parliament’s House of Commons published a report, here is the link.

• The financial requirements for those applying as a new applicant is at £29,000. 
• This is due to the Home Office’s increased intent to do this in 2025, but this could change. A number of legal petitions have filed to ensure that financial requirements are not increasing. 

What has changed in the UK spouse visa requirements

The financial requirements have changed, as the UK Government argues that the income threshold is insufficient. 

I find that earning £29,000 is unfair because various parts of the UK do not attract that salary threshold. It appears that the Home Office is using this to deter those looking to bring family members from outside the UK. 

One key issue that the Home Office needs to consider is whether the applicant coming to the UK can work. It only happens when a child involve, which can be unfair. 

The relationship requirements for spouse visa UK have changed in its context. The burden of proof sits with the applicant and the sponsor. It means the requires are following:

• Evidence of how the relationship started and maintained. 
• Suppose either party married, whether or not that relationship broke down. For example, was a divorce document issue?
• Unmarried partners, also those referred to in durable relationships, must provide official evidence. It can be a joint bank statement showing their shared financial responsibilities.
• A durable relationship must be akin to marriage, so the threshold for this is higher. The Home Office expects that a couple should be living together for a period of 2 years; however, it can be acceptable based on circumstances that they cannot live together. 

The durable relationship application requirements

• Evidence of photographs, statements from friends and families, and messages are not considering as a valuable evidence. 
• Electoral registration documents, including employment and study evidence, are accepted by the Home Office to prove cohabitation. 

The genuine and subsisting relationship test also applies to legally married people. Those who are also legally married must demonstrate the intent of the relationship and cohabitation. It may not apply if the parties are in two different countries. 

Applying for the UK Spouse visa

Once you have collected all the information and documents required for your spouse visa application, you can file the visa application online.

• You must have a valid email address and contact details to ensure the Home Office and Visa Centre can contact you about the visa application. 
• Be sure that the details you provide are correct. Failing to provide correct details can be classed as misrepresentation, and you can be banned for up to 10 years. 
• Be sure to read the questions correctly, as your answers will dictate the series of questions. It was much easier to spot the issues on paper, but online visa applications are different. 
• Check the form once completed by printing a copy of the visa form. You can make the form with any errors you believe may have happened. Note that visa forms have automatic information based on previous answers. 
• Once you are happy, you can file and pay for the visa fees online. 
• Once the visa fees are paid, the application is filed, and you can book a visa appointment.

Submitting your documents for the UK Spouse visa

The process of submitting documents to the Home Office depends on the region you are applying from. Whilst the Home Office allows the uploading of evidences, if you are applying from outside of the UK, we do recommend taking the documents on the date of the appointment, to have them scanned and uploaded. 

Waiting on the Home Office decision

The UK spouse visa waiting time depends on whether you have purchased a priority service or a standard service. As more priority services have been purchased, most standard applications are being pushed into the queue. 

If a spouse visa application is refused, what can be done next?

It is never a pleasant experience when the UK spouse visa application is refused, and the Home Office usually serves a letter explaining the reasons for the refusal. The application that refuses will contain the following details:

• The letter will explain why the spouse visa application refusal has happened and will reference evidence/statements made on the application. 
• The date of service is important, so keep evidence of it. The right to appeal starts on that date. 
• If you have applied in the UK, you have 14 days to appeal, and applicants outside the UK have a longer period of 28 days to file an appeal. 

You need to understand the reasons for the refusal. If you or your partner were missing information or documents, then appealing the decision may not be a sensible approach. 

Re-applying for the spouse visa is possible, but you should take legal advice before you do this. Sometimes, you can appeal the decision and provide further information and documents to support your application. This option provides hope and a chance to rectify any misunderstandings or missing information. 

• You must do this online to file an appeal for a UK partner visa. 
• The Home Office refusal letter will confirm the appeal form to use. 
• The First Tier Tribunal is an independent judiciary body considering the immigration appeal. Any filing of legal grounds, witness statements, and evidence must be filed to the Tribunal. 

Applying for a UK spouse visa – frequently asked questions (FAQ)

We aim to address some of the most frequently asked questions about applying for a spouse visa. 

About the author

ICS Legal are a regulated law firm in the UK and have been providing immigration & nationality advice for over 18 years. We are regulated by the Office of the Immigration Services Commissioner part of the Home Office. https://www.gov.uk/government/organisations/office-of-the-immigration-services-commissioner