Initial applications must be made at the relevant British Embassy, High Commission, or Visa Application Centre in the ‘applicant’s country of origin’. 

Legal Aid is not automatically available for cases relating to partner visas – it is likely that a private solicitor will need to be instructed. 

To satisfy this part of the rules, the applicant must show that their partner in the UK (the sponsor) meets one of the requirements below:

(a) a British Citizen in the UK; or 

(b) present and settled in the UK; or 

(c) in the UK with protection status; or 

(d) in the UK with limited leave under Appendix EU; or 

(e) in the UK with limited leave as a worker or business person under Appendix ECAA Extension of Stay; or 

(f) in the UK with permission as a Stateless person 

A copy of the relevant passport, status document, or digital immigration status is usually sufficient to establish the sponsor’s status in the UK. 

Both the sponsor and the applicant must be over 18 at the time of application. This can be demonstrated by providing proof of identity for each party, including date of birth. A passport, identity card, or birth certificate is usually sufficient. 

It is necessary to show that neither the sponsor nor the applicant are in the ‘prohibited degrees of relationship’. This means that they must not be too closely related. Parents, grandparents, siblings, uncles, aunts, nephews, and nieces are not permitted to marry or enter a civil partnership. 

Further rules apply if either of the parties has been adopted or has been in a previous marriage or civil partnership and is proposing to marry or enter a civil partnership with someone related through adoption or a previous marriage or civil partnership. If this applies to you, you should seek advice. 

The applicant must submit evidence to show that they have met the sponsor. This may include plane tickets or previous visas showing visits, or photographs of the couple together. 

It is necessary to demonstrate that the relationship between the applicant and the sponsor is genuine and subsisting. This can be shown in a number of ways and with various types of evidence. A good starting point is often a letter from the sponsor, the applicant, or both, outlining the nature of the relationship. Remember that there are no set categories of evidence that must be provided. 

Evidence of continued contact may be helpful. This can include telephone records, copies of emails, or letters and cards sent. Evidence of visits, such as plane tickets and photographs of the couple together, can also support the application. Further evidence, such as gifts or money exchanged between the couple, may help to demonstrate a genuine and subsisting relationship. a genuine and subsisting relationship. 

Contact is increasingly maintained via electronic means such as Snapchat, Facebook Messenger, WhatsApp and Telegram. If the couple uses these platforms, they should attempt to obtain printed records of communication from the relevant providers. 

Remember, this guidance is not exhaustive, and there are many other types of evidence that may assist in showing that the relationship is genuine and subsisting. 

If married or in a civil partnership, the applicant and sponsor must have entered a marriage or civil partnership that is legally recognised in the UK. Generally, if a marriage or civil partnership is recognised as valid in the applicant’s home country, it will also be recognised as valid in the UK. For example, if an Islamic marriage is recognised as valid in the applicant’s home country, it will usually be recognised in the UK. However, if the applicant and sponsor were married in a country that does not recognise Islamic marriages, the marriage would not be recognised as valid in the UK. 

There are often requirements for marriage to be registered with the authorities in the home country as well. 

Any previous marriages or civil partnerships entered into by either the sponsor or the applicant must have broken down completely and been formally ended by divorce or dissolution. If either the sponsor or the applicant has been in a previous marriage or civil partnership, this must be disclosed on the application form, and evidence of the divorce or dissolution must be provided with the application. 

Evidence must be provided to show that the applicant and sponsor intend to live together permanently in the UK.

The kinds of evidence that will be useful here are similar to those that can be used to show that the relationship is genuine and subsisting. Therefore, a letter from either party, and evidence of the continued strength of the relationship between the parties will be useful here. 

Evidence must be provided to show that the applicant will have adequate accommodation in the UK. The most common forms of evidence submitted to meet this requirement are a copy of the sponsor’s tenancy agreement or evidence of the sponsor’s home ownership. 

You must also bear in mind the rules relating to overcrowding. As a general guide, couples may share a room, as may children of the same sex and children under the age of 10, but other occupants should have separate rooms. If there are other people living in the sponsor’s property, the applicant will need to show that there is still sufficient accommodation available for them to live there. 

The applicant must show that they have a sufficient level of English, unless they come from one of the following countries: 

Antigua and Barbuda; Grenada; Trinidad and Tobago; Australia; Guyana; United States of America; The Bahamas; Jamaica; St Lucia; Barbados; New Zealand; Canada; Belize; St Kitts and Nevis; Dominica; St Vincent and the Grenadines. 

If the applicant is not from one of these countries, then there are three ways in which they can meet this requirement: 

(a) have passed an English language test in speaking and listening at a minimum of level A1 (or A2 for extension applications) of the Common European Framework of Reference for Languages with a provider approved by the UKVI; 

(b) have an academic qualification recognised by UK ENIC as equivalent to a UK Bachelor’s degree, Master’s degree or PhD, which was taught in English in the UK; or 

(c) are exempt because they are over 65, have a physical or mental disability, or there are exceptional circumstances which prevent them from meeting the requirement. 

Therefore, if the applicant has a degree or recognised equivalent then they will not need to undertake any further English language tests. They will need to contact UK ENIC  to obtain confirmation of this to submit with the application. There is a fee to be paid for this. 

If not however, then they will need to take an English language test in their home country, prior to making the application. 

To satisfy the requirements in these circumstances, an applicant needs to show that they have sufficient financial resources to support themselves throughout the whole of their visit. The benchmark that is set is the “income support level”. This means that a family will need to show that they have at least the same amount of funds available as they would have if they were a family of the same size receiving income support, together with money to meet their housing costs of rent/mortgage and Council Tax. 

Clearly, however, the more finances that the applicant has at their disposal, the stronger the application will become. 

Wage slips, benefits letters and bank statements will all be crucial here to show that there are sufficient financial resources available to support the applicant should they come to the UK. 

In cases where the sponsor does not earn the minimum income requirement, it is possible to make up any shortfall by taking into account the couple’s savings. There are a number of requirements. 

Firstly, the savings must be in excess of £16,000. Then, in addition, there must be a further amount on top of that £16,000. This amount must total 2.5 the amount of the shortfall. 

What this means is that to meet an income requirement of £18,600, if the sponsor earns only £17,600, then they will need to have £16,000 in savings, in addition to 2.5 times the £1,000 shortfall. Accordingly, they will need to have total savings of £18,500. 

Again, this is subject to the formalities in respect of the evidence to be submitted. It is necessary, for example, to show that the savings have been in the possession of the applicant or sponsor for at least 6 months prior to making the application. The full specifics of the evidential rules can be found here. 

The income figure for applications made on or after 11 April 2024 is £29,000. This increased figure only applies to the first application as a partner and does not apply to those who made a successful application for partner status (including as a fiancé) before this date and are applying for an extension. 

The savings figure is still £16,000 so, for example, anyone earning £28,000 will need to have savings of £18,500. 

There are some exemptions from the income threshold for those who are in receipt of certain benefits. These benefits are: 

(i) disability living allowance; 
(ii) severe disablement allowance; 
(iii) industrial injury disablement benefit; 
(iv) attendance allowance; 
(v) carer’s allowance; or 
(vi) personal independence payment 

(vii) Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; or 

(viii) Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; or 

(ix) Police Injury Pension; or 

Where a sponsor is in receipt of one of these benefits, then they will only need to show the evidence that the applicant will be adequately maintained, which means that they will be supported financially, without the need for them or the sponsor to obtain further public funds. 

Applications for entry clearance to the UK must be made at British Embassies, High Commissions, or Visa Application Centre's in the applicant’s home country. Details of the relevant application centre can be found on the Home Office website:

• https://www.gov.uk/find-a-visa-application-centre 

or at: 

• https://www.vfsglobal.com/en/individuals/index.html 

Once you have identified the relevant centre there is an online form to complete, available here.

There is a fee for the application, which also includes an Immigration Health Surcharge which must be paid online when submitting the application. Supporting documents should include those outlined in Section 4, along with any other documents that help satisfy the requirements of the Immigration Rules. Applicants must also submit their passports and four passport-sized photographs. 

Finally, applicants from many countries must be tested for tuberculosis (TB) before applying and provide a certificate confirming they are free from TB. The certificate must come from a centre recognised by the Home Office. More details about this available here. 

Applicants must complete the online form, print it, and take it, along with any supporting documents, to an appointment at the application centre. 

At the appointment, the documents and application forms will be taken, and the application will be processed. Fingerprints and photographs of the applicant will also be taken. Please note that all documents provided with an application must be original. 

If granted, the applicant will need to set up a UKVI account in order to access their evisa online. This is digital proof of their right to be in the UK. Advice on this process is here. 

In the case of a refusal, the applicant will receive a document entitled ‘Refusal of Entry Clearance’ which will state the reasons why the application has been refused. This will be because the Entry Clearance Officer who considers the application does not believe that the applicant satisfies all the requirements of Immigration Rules. The refusal document will identify the parts of the rule that the Entry Clearance Officer does not believe are satisfied. 

When an application is refused, the applicant has two options: to appeal, or to apply again (see below).  

If the applicant decides to appeal against the decision, they will need to lodge the appropriate appeal form with the Immigration and Asylum Chamber of the First Tier Tribunal in the UK. This appeal can be lodged online here or by completing form IAFT1 which is usually provided with the refusal notice. Please note that there is a fee for the appeal, which will also need to be paid when the appeal is submitted. The fee is £140 for an in-person appeal or £80 for a judge to just look at the papers. We strongly advise paying for an in-person appeal, so that you can explain your case to the judge. 

In this form, the applicant will need to give the reasons why they think the decision of the Entry Clearance Officer is wrong. They should also provide any evidence at this stage which supports the appeal 

After the appeal has been submitted there will be a delay of several months while the Tribunal obtains the relevant paperwork from the relevant British Embassy or High Commission which made the decision. 

Once this is obtained, the Tribunal will set a date for the appeal to be heard. The appeal procedure can take many months to be resolved. There is a backlog in the Tribunal, and cases are taking over a year to be decided at present. The Entry Clearance Officer should review the decision before it goes before a judge, and it is possible the refusal may be withdrawn, but this is not common. 

The other option when an application has been refused is to apply again. 

This will require the applicant to go through the same procedure as outlined above to make an application; however, they will need to provide additional evidence which addresses the reasons that were given for the previous application being refused. 

For example, if the application was refused because no evidence was given that the applicant will be adequately accommodated, the applicant could reapply, and this time provide evidence as indicated above that they will have a place to stay in the UK with their sponsor.