Partner Visa Entry Clearance
An individual can apply for partner visa entry clearance online where they meet all the visa requirements laid out in Appendix FM of the Immigration Rules.
Elliott Dipper
What is the partner visa?
The partner visa allows partners of either British citizens or individuals with settled status in the UK to come and settle in the UK. To be granted entry clearance as a partner, applicants must meet all of the visa requirements which are laid out in Appendix FM of the Immigration Rules. If an applicant successfully obtains entry clearance as a partner then they will be granted entry clearance for an initial period (not exceeding 33 months).
What are the eligibility requirements for entry clearance as a partner?
In order to be granted entry clearance as a partner, applicants must meet all of the following requirements:
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The applicant and their partner must be 18 years old or over.
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The applicant and their partner must have met each other and be legally married.
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The applicant and their partner must intend to live together permanently.
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The applicant’s sponsoring partner must earn more than £18,600 per year or have enough savings to be able to support the applicant. The minimum financial requirement is higher if they are also sponsoring dependant children.
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Applicants must have suitable accommodation for themselves, their partner, and any dependants.
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The applicant must satisfy the English language requirements.
Entry clearance as a partner: the genuine relationship requirement
When applying for entry clearance as a partner applicants are required to demonstrate that the relationship they have with their sponsor is genuine and subsisting. The genuine relationship requirement can be demonstrated through the following:
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Information provided by the applicant on the application form;
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The signed declaration from the partner that accompanies the application;
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Evidence provided in support of the application;
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Where available (in the UK), direct checks with third parties.
Below is a list of suitable evidence which can be provided to demonstrate that the relationship is genuine and subsisting (please note this is not an exhaustive list):
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Evidence of holidays taken together;
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Evidence that the couple have kept in touch whilst apart;
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Photographs of the couple;
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Letters of support from friends and family;
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Evidence of any joint financial commitments.
Entry clearance as a partner: the financial requirement
Unless exempt, an applicant will need to demonstrate a specified threshold of minimum income.
For an applicant applying for entry clearance as a partner with no dependent children, the threshold is a gross annual income of at least £18,600. If an applicant is applying with a dependent child, you will need to prove an additional £3,800 for the first child, together with an increase of £2,400 for each additional child after.
There are several ways an applicant can meet the financial requirement for an entry clearance partner visa:
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Income from salaried or non-salaried employment;
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Income from self-employment, or income as a director or employee of a specified limited company in the UK;
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Non-employment income, for example, from property rentals, child maintenance, or dividends/income from investments, stocks and shares;
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Money from a state (UK or foreign), occupational or private pension in your name or that of your partner;
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Maternity allowances or bereavement benefits received in the UK. Income-related benefits will not be counted towards the financial requirement.
You can also rely on cash savings over £16,000 if held by you or your partner for at least 6 months. This can be combined with some of the other sources of income to meet the minimum income threshold.
If an applicant’s partner is in receipt of certain benefits or allowances in the UK, then an applicant may be exempt from meeting the financial requirement for the spouse visa by providing evidence of “adequate maintenance”. These certain benefits include:
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Carer’s Allowance
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Disability Living Allowance
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Severe Disablement Allowance
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Industrial Injuries Disablement Benefit
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Attendance Allowance
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Personal Independence Payment
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Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
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Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme
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Police Injury Pension
Entry clearance as a partner: the English language requirement
To apply for entry clearance as a partner, applicants are required to prove their knowledge of the English language, which can be done by:
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Holding the nationality of a majority English speaking country;
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Passing an English language test; or
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Having completed an undergraduate or postgraduate level degree which was taught or researched in English.
What counts as a majority English speaking country?
The list of majority English speaking countries according to the Home Office for the purpose of meeting the English language requirement is as follows:
- Antigua and Barbuda |
- Jamaica |
- Australia |
- Malta |
- The Bahamas |
- New Zealand |
- Barbados |
- St Kitts and Nevis |
- Belize |
- St Lucia |
- Canada |
- St Vincent and the Grenadines |
- Dominica |
- Trinidad and Tobago |
- Grenada |
- USA |
- Guyana |
Approved English language test
For entry clearance as a partner, applicants must pass an approved English language test.
Applicants are required to pass a speaking and listening test to at least level A1 on the Common European Framework of Reference for Languages (CEFR) scale. Once passed, this result will be valid for a period of 2 years.
Academic qualifications
Applicants are also able to meet the English language requirement by holding a Bachelor’s, Master’s, or PhD awarded by an educational establishment in the UK.
If a degree was taught outside the UK but in one of the following countries, the Home Office will also accept it as evidence of meeting the requirement:
- Antigua and Barbuda |
- Jamaica |
- Australia |
- Malta |
- The Bahamas |
- New Zealand |
- Barbados |
- St Kitts and Nevis |
- Belize |
- St Lucia |
- Canada |
- St Vincent and the Grenadines |
- Dominica |
- Trinidad and Tobago |
- Grenada |
- USA |
- Guyana |
If the academic qualification was awarded in one of these countries, then a certificate from Ecctis will be required to show that the qualification is similar to a UK Bachelor’s, Master’s or PhD.
For academic qualification gained outside of the UK and the countries listed previously, applicants will need a visa and nationality statement from Ecctis. This will confirm whether the qualification meets or exceeds the standard of a Bachelor’s, Master’s degree or PhD in the UK and to what level of the Common Framework of Reference for Languages it meets.
How much does entry clearance as a partner cost?
The cost to apply for entry clearance as a partner currently stands at £1,538. As part of the application process, applicants are required to pay the immigration health surcharge (IHS) which gives them access to UK healthcare. Applicants applying for entry clearance as a partner outside of the UK can currently expect to pay £1,872 for the immigration health surcharge.
How long do applications take to process?
At present, applicants should expect to receive a decision within 24 weeks once they attend their appointment at the visa application centre. Please be aware this decision turnaround time frequently changes and could be significantly different at the time of submission.
What happens if the application for entry clearance is rejected?
If an entry clearance application is refused then the Home Office decision letter will explain whether there is a right of appeal against this refusal.
Appeals are typically only available where there are human rights grounds under Article 8 of the European Convention on Human Rights (ECHR). As an application for entry clearance as a partner involves family life this gives it the right to appeal.
The process for appealing is explained in the decision letter received from the Home Office. The first step will be to complete an appeal form and lodge this within 28 days (if outside of the UK) of receiving your decision.
Does entry clearance as a partner lead to settlement in the UK?
If an application for an entry clearance partner visa is successful, the visa will be valid for 33 months initially. Before an initial grant of leave expires, an applicant will need to apply to UK Visas and Immigration (UKVI) to extend their stay. If the application for further leave to remain as a partner is successful, then they will be granted further leave to remain for a period of 30 months. After spending 5 years in the UK as a partner, an applicant will be eligible to apply for indefinite leave to remain.
How can Paragon Law help?
At Paragon Law, our personal immigration lawyers have assisted many individuals in obtaining entry clearance to the UK as a partner. If you require advice in relation to applying for entry clearance as a partner then please get in touch.