Many individuals currently in the UK on different visas often ask: “Can I switch to a spouse visa within the UK?” The answer depends on your specific circumstances and immigration status. At Staf H Immigration, we regularly assist clients with switching to spouse visas from various other visa categories, ensuring they meet all Home Office requirements for a successful application.
Understanding the Basics of Switching to a Spouse Visa
A spouse visa (officially called a ‘family visa as a partner’) allows you to live in the UK with your husband, wife or civil partner who is either a British citizen or settled person (someone with indefinite leave to remain or EU settled status). The key advantage of switching to this visa within the UK is that you can continue living with your partner while your application is processed, rather than having to leave the country.
Who Can Switch to a Spouse Visa Within the UK?
You can apply to switch to a spouse visa from within the UK if you currently have one of the following visas:
Visitor visa (but with important restrictions we’ll explain later). Work visa (such as Skilled Worker or Health and Care Worker visa). Student visa. Dependant visa on another category. Certain other temporary visas.
However, there are some important exceptions. You typically cannot switch to a spouse visa from within the UK if you’re currently on:
A short-term student visa. A visit visa (unless you entered as a fiancé(e) or proposed civil partner). A seasonal worker visa. A domestic worker visa.
Key Requirements for Switching to a Spouse Visa
To successfully switch to a spouse visa within the UK, you must meet several key requirements:
1. Relationship Requirements
You must prove your relationship is genuine and subsisting. For married couples, this means providing your marriage certificate. For unmarried partners, you’ll need to show you’ve lived together for at least 2 years. The Home Office will want to see evidence like joint bills, bank statements, photos together, and correspondence addressed to you both at the same address.
2. Financial Requirement
You must meet the minimum income threshold of £29,000 (as of April 2024), which will increase to £38,700 by early 2025. This can be met through:
Your partner’s income from employment or self-employment. Your own income if you’re currently working legally in the UK. Certain cash savings (currently £62,500 if using savings alone). Pension income. Some benefits in specific circumstances.
3. Accommodation Requirement
You must show you have adequate accommodation in the UK that isn’t overcrowded and that you have the right to live in. This usually means providing a tenancy agreement or mortgage statement, plus recent council tax bills.
4. English Language Requirement
Unless exempt, you’ll need to prove your knowledge of English by either:
Being a national of a majority English-speaking country. Having a degree taught in English. Passing an approved English language test at CEFR level A1 or above.
The Application Process for Switching to a Spouse Visa
- Check Your Eligibility
Before applying, ensure you meet all requirements including relationship, financial and immigration status criteria. - Prepare Your Documents
You’ll need to gather various documents including:
Your current passport and any previous passports. Your partner’s passport or biometric residence permit. Proof of your relationship. Evidence of meeting the financial requirement. Details of your accommodation. English language evidence. - Complete the Online Application Form
The main form is FLR(M) for applications made within the UK. It’s crucial to complete this accurately as mistakes can cause delays or refusals. - Pay the Application Fees
The current fee is £1,048 if applying from within the UK. You’ll also need to pay the immigration health surcharge of £1,035 per year. - Submit Your Biometrics
After applying, you’ll need to provide your fingerprints and photo at a UKVCAS service point. - Wait for a Decision
Processing times are typically up to 8 weeks for standard applications.
Common Reasons for Refusal
Many spouse visa applications are refused due to:
Not meeting the financial requirement. Insufficient evidence of a genuine relationship. Failure to meet the English language requirement. Previous immigration violations. Incorrect or incomplete application forms.
Special Considerations
Switching from a Visitor Visa
Generally, you cannot switch to a spouse visa from a standard visitor visa within the UK. The exception is if you entered as a fiancé(e) or proposed civil partner and are now getting married/civil partnered in the UK.
Overstayers
If your current visa has expired, you may face additional challenges switching to a spouse visa. It’s crucial to seek expert advice in this situation.
Priority Service
For faster decisions, you may be able to use the priority service for an additional fee, which can provide a decision within 5 working days.
Why Use an Immigration Specialist?
While it’s possible to apply yourself, using an expert immigration adviser like Staf H Immigration offers several advantages:
We ensure your application meets all requirements before submission. We help prepare strong supporting documents and evidence. We identify potential issues before they cause problems. We handle all communications with the Home Office on your behalf.
Next Steps After Approval
Once your spouse visa is approved, you’ll typically get:
Permission to stay for 2.5 years initially. The right to work in the UK without restrictions. Access to the NHS (after paying the health surcharge). After 5 years on the spouse visa (two periods of 2.5 years each), you can apply for indefinite leave to remain.
Getting Started with Your Application
If you’re considering switching to a spouse visa within the UK, contact Staf H Immigration today for expert guidance. Our team will:
Assess your eligibility and identify any potential issues. Help you gather the necessary documentation. Guide you through the entire application process. Ensure your application has the best chance of success.
Don’t risk your future in the UK – let our expertise guide you through the spouse visa application process.
