Spouse, Unmarried Partner & Civil Partner Visas: FAQ

What are your rights under the Partner Visa?

The UK Partner Visa enables applicants to join their partner and live in the UK and qualify for settlement after a minimum of 5 years. Whilst you are eligible to work on this Visa, you cannot claim most of the benefits that are available including tax credits, or housing allowance.

What are the requirements for a Partner Visa?

The current Immigration rules that ought to be met:
• Applicant/Sponsor meet the minimum income threshold through demonstrating that they meet the financial requirement of £18,600 per annum if in employment; plus, additional funds if you have children who are not British, Irish or Settled persons.
• Must pass the ‘Genuine Relationship Test’ by providing evidence that the relationship is genuine and subsisting.
• Have all the required documents.
• Demonstrate knowledge of written and spoken English (either by taking an approved English Language Test or having the education qualification assessed by ECCTIS).
• Provide evidence that there is suitable accommodation for you and your partner and any dependants (if any).
• You may also need to pass the Tuberculosis (TB) test and submit a TB test certificate depending on the applicant’s country of residence British, Irish or Settled persons.

What is the process for UK Partner Visa?

Applicants who are eligible for UK Spouse Visa are required to follow the process below:
• Complete Online Application
• Make the Visa Fee Payment and Immigration Health Surcharge Payment
• Visit the Visa application centre to submit original passport and biometric enrolment
• Upload or send documents to the Home Office Visa processing team.

What is the ‘Genuine Relationship Test’?

The applicant needs to be able to prove that they are in a genuine and subsisting relationship, cohabitation, marriage or civil partnership. There are various types of communication and relationship evidence that you may provide to the Home Office. We can advise you on the relevant documentation that should be submitted, tailored according to your unique circumstances.

Can you renew or extend a Partner Visa?

You can renew and/or extend your visa for another 2 years and 6 months – if your current status has not expired. After you have lived in the UK for a total of 5 years, you can apply for settled status (Indefinite Leave to Remain).

What are the requirements for extension of UK Partner Visa?

Applicants seeking to extend their stay in the UK as spouses of British citizens or persons settled in the UK are required to demonstrate that their relationship is still subsisting, in addition, they are required to show that they continue to meet the financial eligibility requirement and English language requirement.

What is the Partner Visa processing time?

It usually takes between 2-12 weeks for a Spouse Visa case to be processed by the Home Office.
The Visa processing time can vary depending on the documents provided and the country where the paperwork is submitted from. In addition, applicants have the option to choose the Priority Processing Service which puts their application ahead of the queue.
For those applying in the UK, there is a 1 working day Super Priority service available.

What sources of income can be included towards the Partner Visa financial criteria?

To meet the minimum income requirement, you can use:
• Pensions
• Maternity, paternity, adoption or sick pay
• Earnings from employment/self-employment
• Savings over £16,000
• Other income such as that generated from rent or shares etc.

If you are applying from outside the UK, you can use your savings to contribute towards the total income amount – however not your earnings. If you are working in the UK, your earnings can count towards the total amount.
In addition, you can also use a combination of savings and earnings to assist you with meeting the minimum income threshold – you will need to prove that you have enough financial support for the entire time of the Visa. We can analyse your financial circumstances and advise further on the acceptable resources.

How much does a UK Partner Visa cost?

The from 4 October 2023 would be £1,846 for applications submitted from abroad as outlined by the Home Office. If you are submitted your application form from within the UK, the cost is reduced to £1,048. The charge will vary depending on whether you are applying with dependents.

Note: you can only apply from inside the UK if you are not trying to enter the country as a visitor or have been given leave to stay in the UK for more than 6 months.
There are additional costs related to your application that you should consider when you send your forms/documentation.

What are the English Test requirements for Partners?

Applicants who wish to live in the UK need to be able to prove that they can speak English. Once you have passed the English Language Test, it will be valid for 2 years.
You must sit an English Test in speaking and listening. Your qualification will only be valid if you take the assessment through an approved Secure English Testing (SELT) provider.
Currently, SELT tests for immigration purposes are available through Trinity College London or the IELTS (International English Language Testing System) Consortium.
However, you do not need an English test if you:
• Are a national of a majority English speaking country
• Are aged under 18 or over 65
• Have a long-term physical or mental condition
• Hold a UK Bachelors degree or higher
• Hold a foreign degree or any educational establishment that was taught or researched in English. Your qualification will only be valid if confirmed by UK NARIC.

What are the Partner Visa accommodation requirements?

As part of your application, you will need to present proof of accommodation that meets UK living standards.
Your UK national partner, who acts as your sponsor will need to show that he or she can provide adequate accommodation for themselves, the applicant and any dependents.
For proof of accommodation, the Home Office will ask you to provide:
• A description of the property
• Proof that there are enough rooms in the property to accommodate everyone
• Evidence that you can afford to pay your family’s accommodation.
‍

How can I qualify for the Partner Visa accommodation requirements?

To qualify, the property needs enough rooms to accommodate the couple and any dependents. Each person requires an individual room, however:
• Couples can share the same bedroom
• Living rooms can be included when counting bedrooms
• Children under 1 do not need their own room
• Children aged 1-9 years old counts as half a person
• Children aged 10 years or over count as an adult
• Children aged 10 or over of the opposite sex cannot share a room.
• What happens if my Partner Visa application is accepted?
If your application is successful, you will be issued a permit which allows you to enter the UK within a 30-day period. Upon arrival in the UK, you will have a 10-day period in which you must collect your Biometric Residence Permit (BRP).
If you fail to enter the UK within this timeframe, you can apply for another 30-day entry permit. However, you will be charged an additional fee for this.

What happens if my Partner Visa application is rejected?

If your application is rejected, you have the right to appeal against the Home Office’s decision. This is a challenging and time-consuming process that is best assisted by an immigration adviser.

Contact us on 0203 647 8633 or info@qc-immigration.com for expert advice and assistance in relation to your Partner Visa Application or Appeal.

What happens if my Partner Visa application is accepted?

If your application is successful, you will be issued a permit which allows you to enter the UK within a 30-day period. Upon arrival in the UK, you will have a 10-day period in which you must collect your Biometric Residence Permit (BRP).

If you fail to enter the UK within this timeframe, you can apply for another 30-day entry permit. However, you will be charged an additional fee for this.

‍

‍