FAQs received by our Spouse Visa lawyers
Question: How do I prove a genuine and subsisting relationship for my spouse visa application?
The UK Home Office will assess the relationship of Spouse Visa applicants on the balance of probabilities. Each relationship is unique in terms of how it forms, develops, and progresses over time. As a result, there is no single formula to satisfy the Home Office that a relationship is genuine and subsisting. However, the following general guidelines can help demonstrate the authenticity of your relationship:
- Cohabitation evidence
While cohabitation is not a mandatory requirement for a UK Spouse Visa application, it is considered strong evidence of a genuine and subsisting relationship. Useful evidence may include, but is not limited to, a joint tenancy agreement, utility bills, and official documents showing that you and your partner are registered at the same address, such as driving licences.
If you and your partner are not currently cohabiting, it is important to clearly explain the reasons for this and outline the steps you plan to take to live together in the near future.
- Frequency of contact
If you and your partner are not in the same country, it is important to show that you ae both in frequent contact as a couple would be expected to. Where you and your partner have travelled to see each other or gone on holidays together, this should also be included.
- Photographs
You and your partner would need to show that you have met. Photographs of you together can be helpful visual evidence, not only to confirm that you have met, but also to illustrate how your relationship has developed over time. Please note, every relationship is different. Some couples may meet more often and have fewer records of remote contact, while others may meet less frequently but communicate regularly. What’s important is that the evidence provided genuinely reflects the nature of your relationship.
Question: I have a child from a previous relationship. When I apply for my partner’s spouse visa, will I have to show a higher income then if I did not have a child?
The new financial requirement for a UK Spouse Visa is £29,000 per year, regardless of whether children are included in the application. However, if the British partner (the sponsor) is receiving an “exempted benefit”, such as Personal Independence Payment (PIP), they need to meet the adequate maintenance test instead. To satisfy the Adequate Maintenance test, the sponsor must demonstrate the household income, after deducting housing and council tax costs, is sufficient to support the family at a level equivalent to Income Support. This calculation must take into account any dependent children already in the UK or those applying to join.
Question: I am a Director of a Limited Company and have a partner planning to apply for a spouse visa to join me in the UK. If I did not meet the salary threshold in my latest submitted financial year, what options do I have?
If you are a director of a limited company and you are unable to meet the financial requirement using your salary or dividends from the most recent financial year (referred to as “Category F” income), you may instead be able to rely on the average income from the last two full financial years of your company. This can be particularly helpful if the latest year was unusually poor, but the previous year was significantly stronger.
Alternatively, if the average of the two previous financial years do not assist you, you may need to focus on completing the current company tax year and ensure that, by year end, all salaries and/or dividends amount to at least £29,000. If this option is also not feasible, it is advisable to consult an immigration solicitor to review your circumstances, explore alternative options, and adjust your strategy for meeting the financial requirement before submitting your application.
Question: I have been employed for less than 6 months and earn significantly more than the financial requirement for a spouse visa. Do I still have to wait for 6 months of employment?
You don’t need to wait six months before applying if you are earning significantly above the UK spouse visa financial requirement. However, you must show that:
- You are currently in employment (for less than six months) with an annual salary of at least £29,000; and
- You have earned a minimum of £29,000 over the past 12 months.
For example, if you are earning £10,000 per month, you would meet both requirements after just three months.
Question: I am not living with my partner currently, can I still apply for a UK spouse visa.
You can still apply for a UK spouse visa if you are not living with your partner currently. But you would need to explain why you are not living together and when you do plan to live together. The earlier you plan to start living together and the more evidence you can provide to show that steps are being taken toward cohabitation the better. This helps demonstrate to the Home Office that there are valid reasons for not living together now and that you genuinely intend to do so.
Cash savings (commonly referred to as Category D) can be combined with certain types of income to meet the UK spouse visa financial requirement. The rules set out in Appendix FM-SE are highly prescriptive and strictly applied by the Home Office.
For example, if you are not relying on self-employment as a sole trader, income as a director of your own limited company, or employment with a company owned by a family member, you may combine salaried income with savings. If your income is below the required £29,000 per year, the Home Office uses a specific formula to calculate the amount of savings needed to make up the shortfall:
X = £29,000 – your actual income
Y = X × 2.5
Z = Y + £16,000
Z is the total amount of cash savings required to meet the financial requirement.
(Note: For indefinite leave to remain (ILR), a different multiplier applies instead of 2.5.)
For example, if your income is £20,000 per year you would need £38,500 in cash savings to meet the spouse visa financial requirement:
£29,000 – £20,000 = £9,000 (this is the income shortfall X)
£9,000 × 2.5 = £22,500 (This is the additional savings required to cover the income gap Y)
£22,500 + £16,000 = £38,500 (This is the total amount of savings you need (Z) to meet the financial requirement by combining income and savings.)