UK Partner or Spouse Visas

Your partner who is sponsoring your visa must be one of the following:

• A British citizen
• An Irish citizen
• The holder of indefinite leave to remain, or
• The holder of status under the EU Settlement Scheme

They must also be one of the following:

• Your spouse
• Your civil partner
• Your fiancé(e) or proposed civil partner, or
• A person who you have been living with in a relationship akin to marriage or civil partnership for at least two years prior to the date of the application

Yes. As long as you have your partner’s permission, you can submit the application online to the Home Office on their behalf. 

The answer to this question depends on whether the child’s other parent is playing a role in their life. This is subject to your family circumstances.

The Immigration Rules only allow a child from a previous relationship to come to the UK if the child’s other parent is dead or if you have ‘sole responsibility’ for the child. If the child’s other parent plays no role in the child’s life, then you should be able to bring your child to the UK. If the other parent has any kind of role, even a limited one, it can be difficult to meet this requirement.

Sole responsibility cases are complex and expert legal advice on whether the ‘sole responsibility’ test is met should be obtained at the earliest stage in the planning.

• You need to prepare an application package containing all the documentary evidence to meet the requirements set out in the UK Immigration Rules.
• You then have to submit your Family visa application online to the Home Office.
• After submission of the online application, you have to upload your supporting documentation to a portal operated by a third-party provider.
• You also have to attend an appointment to provide your ‘biometrics’ (fingerprints and digital photograph). The biometrics appointment will take place at an approved centre operated by one of the Home Office’s commercial third partners, either in the UK or overseas.

Our team provide a highly personal and responsive service to support clients with all aspects of this process.

There are a number of fees:

• Visa fee – This is non-refundable. The fee for a partner or spouse visa made overseas is £1,538. The fee for a partner or spouse visa made inside the UK is £1,048. All fees are correct as at April 2023; for the latest fee information see the Home Office’s website fee list.
• Immigration Health Surcharge (IHS) – This to allow you to use the National Health Service. The IHS is payable as part of the online submission, charged at £624 per year.
• The initial partner visa application, which is submitted from outside the UK, is for a grant of two years and nine months, so the IHS is £1,872.
• An extension visa, which is submitted from inside the UK, is for two years and six months, and so the fee is £1,560.
• For the final visa application, known as the settlement application (made after the applicant has been five years in the UK) there is no IHS to pay. The current fee to settle as a partner is £2,404.
• Additional fees - There may also be fees to pay in respect of biometric enrolment at the third-party commercial provider, which are subject to location and availability of your appointment. There is also the option of paying for premium services, such as out-of-hours appointments and access to additional facilities at some of the centres overseas. More information is available from TLS and VFS, who are the overseas appointment providers for UK visa applications.

No. The visa process is now fully digital, with documents uploaded to the digital platforms used by the Home Office. You will not need to send any original documents to the Home Office.

If you use our Representative Service Package, we will upload the necessary documents for you. Our team deal with this technology daily and so can make sure the process runs smoothly. We will ensure that your application and documents are uploaded correctly and in line with Home Office requirements.

Yes, you can.

At Thorntons, our specialist immigration solicitors will analyse the partner visa refusal decision and discuss your options with you, including the merits of any appeal. It may be appropriate to re-submit your application rather than appeal to the First-Tier Tribunal, particularly if you have submitted your own application without speaking to a lawyer and have been refused due to deficiencies in the evidence submitted.

Yes. If you apply from outside the UK, your initial visa will be granted for a period of two years and nine months. If you are inside the UK and have switched your immigration status to that of a partner, your initial visa will be for two years and six months. You must apply to extend your visa prior to your initial visa expiring and after you have resided in the UK for two years and six months.

You will qualify to obtain permanent residence in the UK once you have met the rules of the partner visa for 60 months (five years).

No. If you are in the UK as a visitor, you cannot switch your visa to that of a partner within the terms of the Immigration Rules. You should return to your country of origin and apply from overseas unless there are compelling and compassionate circumstances. It is strongly recommended that you seek specialist immigration advice if you think your case falls into a compelling and compassionate circumstances category.