It is possible to switch from a UK Student visa to a Spouse visa if you currently hold a UK Student visa and are married or in a civil partnership with a British citizen or someone who has settled in the UK. With a UK Spouse Visa, you can live, work, and study in the UK and gain permanent settlement (ILR) after 5 years of continuous residence. You can then apply for British citizenship one year later.
Requirements to Switch from Student visa to Spouse visa
To switch from a UK Student Visa to a Spouse Visa, you will need to meet the following requirements:
- Relationship status requirement
- Financial requirement
- English language requirement
Relationship status
To make a successful application to switch from a Student visa to a Spouse visa, you must be able to show that your UK-based partner or spouse is either:
- A British or Irish citizen
- A person who has settled in the UK (e.g. Indefinite Leave to Remain or EUSS Settled Status)
- From the EU, Switzerland, Norway, Iceland or Liechtenstein and has pre-settled status – they must have started living in the UK before 1st January 2021
- A Turkish Businessperson visa or Turkish Worker visa holder
- A person with protection status (e.g. leave to remain as a refugee, permission to stay as a refugee or a person with humanitarian protection)
- A stateless person with permission to stay
In addition, you must:
- Be in a civil partnership or marriage that is legally recognised in the UK or
- Have been living together in a relationship for at least 2 years when you apply, or
- Intend to get married or enter into a civil partnership with your UK based fiancé, fiancée or proposed civil partner within 6 months of arriving in the UK, or
- Have been in a relationship with your UK-based partner for at least 2 years when you applied, but you cannot live together, for example, because you’re working or studying in different places, or it is not allowed in your culture.
Financial requirement
Applicants switching from a Student visa to a Spouse or Partner visa must have a combined income of £29,000 per year with their partner. This is the minimum income requirement and can be met in a number of ways, including through income from employment, self-employment, cash savings over £16,000, pensions, or non-work income such as non-work income (e.g. income from property rentals or company shareholder dividends).
Those who are unable to meet the financial requirement may still be eligible to switch to a family visa if:
- They have a child in the UK who is a British or Irish citizen, or if the child has lived in the UK for 7 years and it would be unreasonable for them to leave the UK, or
- It would breach their human rights to stop them coming to the UK or make them leave.
English language requirement
Those applying to switch from a Student visa to a Spouse visa in the UK also need to prove their English language proficiency. When you first apply, you will meet this requirement if you have passed an approved Secure English Language Test (SELT) at level A1 on the Common European Framework of Reference for Languages (CEFR) scale1 or above. You will also satisfy this requirement if you have a degree that was taught in English.
You will not need to meet the English language requirement, however, if you are over 65 years old or from one of the following countries:
- Antigua and Barbuda
- Australia
- the Bahamas
- Barbados
- Belize
- the British overseas territories
- Canada
- Dominica
- Grenada
- Guyana
- Jamaica
- Malta
- New Zealand
- St Kitts and Nevis
- St Lucia
- St Vincent and the Grenadines
- Trinidad and Tobago
- USA
How to Convert Student Visa to Spouse Visa in the UK
To convert from a UK Student visa to a UK Spouse visa, you will need to complete and submit the online application form2 and pay the application fee of £1,321 (if applying from inside the UK). If you have children who will be joining you, you can add them to your application as dependents if they are under 18 and do not live an independent life. You will also need to provide any evidence and documents required to support your application, such as your marriage certificate.
Once your application has been fully submitted, you can expect to receive a decision within 8 weeks if you apply from inside the UK.
References
1 Council of Europe: Common European Framework of Reference for Languages (CEFR) scale
2 GOV.UK: Online application form
